Exact Provisions Within Health & Safety Law

Robert Stewart made this Official Information request to Ministry of Social Development

The request was refused by Ministry of Social Development.

From: Robert Stewart

Dear Ministry of Social Development,

Last week I made a request under the OIA and still haven't received an acknowledgement of that request so I've decided to ask again through this forum.

MSD refers to Health & Safety law in demanding ID from clients before entering any MSD premises. Can you please tell me the exact provision under Health & Safety law that the department is using to justify this claim ? I do not want a generic copy and paste of the law or just a reference to the law in general but want to know the EXACT provision/s that the department is using.

MSD refers to the fact that "Although we are a public service we operate in private buildings" as another justification for demanding ID from clients before they enter any MSD premises. Can you please tell me the exact law and provision they are using to justify this claim ?

Yours faithfully,

Robert Stewart

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From: Info (MSD)
Ministry of Social Development

Dear Mr Stewart

Thank you for your email. I apologise for not acknowledging your earlier email of 13 December 2017. I can confirm that it has been received and you will receive a response to your questions as soon as possible.

Yours sincerely
Ministerial and Executive Services

-----Original Message-----
From: Robert Stewart [mailto:[FYI request #7039 email]]
Sent: Wednesday, 20 December 2017 10:35 a.m.
To: OIA_Requests (MSD)
Subject: Official Information request - Exact Provisions Within Health & Safety Law

Dear Ministry of Social Development,

Last week I made a request under the OIA and still haven't received an acknowledgement of that request so I've decided to ask again through this forum.

MSD refers to Health & Safety law in demanding ID from clients before entering any MSD premises. Can you please tell me the exact provision under Health & Safety law that the department is using to justify this claim ? I do not want a generic copy and paste of the law or just a reference to the law in general but want to know the EXACT provision/s that the department is using.

MSD refers to the fact that "Although we are a public service we operate in private buildings" as another justification for demanding ID from clients before they enter any MSD premises. Can you please tell me the exact law and provision they are using to justify this claim ?

Yours faithfully,

Robert Stewart

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This is an Official Information request made via the FYI website.

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[FYI request #7039 email]

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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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From: Robert Stewart

Dear Info (MSD),

Thank you. I appreciate the response. I look forward to receiving the requested information.

Yours sincerely,

Robert Stewart

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From: Robert Stewart

Dear Info (MSD),

This request is now outstanding for over a week. When can I expect a reply with the information I've requested ?

Yours sincerely,

Robert Stewart

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From: Info (MSD)
Ministry of Social Development


Attachment Stewart Robert Questions re security guards at Work and Income CE.obr.txt
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Dear Mr Stewart

Thank you for your further email. I can advise that the Ministry does not interpret your request to fall within the scope of the Official Information Act as the provisions within Health and Safety law are not Official Information. However, the Ministry will be providing you with a letter responding to your questions. You can expect to receive this by the end of the week.

Yours sincerely
info@msd

-----Original Message-----
From: Robert Stewart [mailto:[FOI #7039 email]]
Sent: Saturday, 10 February 2018 2:11 p.m.
To: Info (MSD)
Subject: Re: FW: Official Information request - Exact Provisions Within Health & Safety Law

Dear Info (MSD),

This request is now outstanding for over a week. When can I expect a reply with the information I've requested ?

Yours sincerely,

Robert Stewart

-----Original Message-----

Dear Mr Stewart

Thank you for your email. I apologise for not acknowledging your earlier email of 13 December 2017. I can confirm that it has been received and you will receive a response to your questions as soon as possible.

Yours sincerely
Ministerial and Executive Services

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7039 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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From: Info (MSD)
Ministry of Social Development

Info (MSD) would like to recall the message, "FW: Official Information request - Exact Provisions Within Health & Safety Law".
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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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From: Info (MSD)
Ministry of Social Development

Dear Mr Stewart

Thank you for your further email. I can advise that the Ministry does not interpret your request to fall within the scope of the Official Information Act as the provisions within Health and Safety law are not Official Information. However, the Ministry will be providing you with a letter responding to your questions. You can expect to receive this by the end of the week.

Yours sincerely
info@msd

-----Original Message-----
From: Robert Stewart [mailto:[FOI #7039 email]]
Sent: Saturday, 10 February 2018 2:11 p.m.
To: Info (MSD)
Subject: Re: FW: Official Information request - Exact Provisions Within Health & Safety Law

Dear Info (MSD),

This request is now outstanding for over a week. When can I expect a reply with the information I've requested ?

Yours sincerely,

Robert Stewart

-----Original Message-----

Dear Mr Stewart

Thank you for your email. I apologise for not acknowledging your earlier email of 13 December 2017. I can confirm that it has been received and you will receive a response to your questions as soon as possible.

Yours sincerely
Ministerial and Executive Services

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7039 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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From: Robert Stewart

Dear Info (MSD),

I find your answer as an attempt to equivocate and deny transparency into your actions as you've previously quoted the Health & Safety Act as being the reason you've justified the use of security guards.

I've now updated my complaint with the Ombudsman to include your answer and request that they make a decision on the release of this information.

For your information.

Kind regards

Robert Stewart

Yours sincerely,

Robert Stewart

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