Printed from https://fyi.org.nz/request/7724-mbie-and-the-sale-of-crown-owned-entity-fairway-resolution-limited-into-private-ownership?unfold=1 on November 22, 2024 12:02

MBIE and the sale of Crown Owned Entity FairWay Resolution Limited into private ownership.

David Lawson made this Official Information request to Ministry of Business, Innovation & Employment

Response to this request is long overdue. By law Ministry of Business, Innovation & Employment should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: David Lawson

Dear Ministry of Business, Innovation & Employment (MBIE),

I am writing to respectfully request the provision of all official information that the Ministry of Business, Innovation & Employment holds in respect of the sale of the previously owned Crown Entity FairWay Resolution Limited, into private ownership, lead by the FairWay Resolution Limited Management team. I welcome your provision to me of all official information, including advice provided by, and or to the MBIE to and from any and all parties associated with the sale of FairWay Resolution Limited out of crown ownership that both proceeded the sale and or came into existence following the sale of FairWay Resolution Limited.

I would expect that such information will be sourced from, but not solely limited to the official information generated from MBIE's dealings with FairWay Resolution Limited when crown owned, The Minister/s for ACC, the Finance Ministers, Minister/s for Justice, and Treasury, together with all other parties which I may not mentioned and for which official information in relation to the sale of FairWay Resolution Limited applies and is held by Treasury.

I would also appreciate you providing to me within my request a copy of MBIE's "Cost Benefit Analysis associated directly with the proposed sale of Crown Owned FairWay Resolution Limited, inclusive of MBIE's suggested/indicated sale premium for the purchase" that was completed prior to the sale of the Crown Owned FairWay Resolution Limited into private ownership for which any and all advice was provided by MBIE to any and all third parties associated with, or affected by the sale of FairWay Resolution Limited into privacy ownership.

I would also welcome confirmation as to whether MBIE factored into any advice upon the sale of FairWay Resolution Limited any social and natural justice rights of what ACC claimants stood to gain and or lose from the removal of FairWay Resolution Limited from Crown Ownership, including whether MBIE was aware that as a consequence of the sale of FairWay off the government books that FairWay Resolution Limited would claim that they no longer answerable to the statutory obligations of the Official Information Act 1982, for which they were required to comply with prior to the sale of the entity to a non crown owned private interest.

I have approached MBIE for this official information because I have in the past been advised by ACC Government Services that MBIE works with ministers across a wide range of portfolio's which includes the Minister of ACC who was privy to and consented to the sale of the previously crown owned entity FairWay Resolution. It is therefore reasonable to expect that the previous Minister for ACC whom oversaw the sale of FairWay Resolution Limited would have been obliged to have had sought advice and consultation with MBIE.

Public Interest:

I am an ACC claimant and as a party to the services provided by FairWay Resolution Limited, was part of a large group of affected persons/stakeholders that were not consulted by any party prior to the sale of FairWay Resolution Limited.

With the sale of FairWay Resolution Limited into private ownership I no longer have the ability, as I had prior to the sale, to have the statutory protection afforded to me of the provisions of the Official Information Act 1982, which incorporates protections allowing individuals like myself to be provided with;

- a right of access to certain official information, and
- a right of access to internal rules affecting decisions, and
- a right of access by person to reasons for decisions affecting that person, and
- a right of access to persona information.

With such a substantive loss of my previously held rights under the Official Information Act 1982, brought about by the sale, I believe that I my request is reasonable and that I have a strong public interest case in being provided with in full all the information that I have requested formally today.

I thank you for your time and assistance and look forward to hearing back from you in the near future with the official information requested.

Yours faithfully,

David Lawson

These following details are provided solely to confirm my eligibility under the Official Information Act s12(1). Do not use these details for any correspondence or clarification about the request. For the purposes of OIA s16(2) my preferred way of receiving information is by email reply to the FYI.org.nz address from which you received the request. If you send correspondence to my private address you will be asked to re-send it to the FYI.org.nz email address, where it may still be published."

116a Lynwood Road,
Kelston,
Auckland 0600

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From: *OIA
Ministry of Business, Innovation & Employment

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Ref: DOIA 1718-1541

 

Dear Mr Lawson

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 26 April 2018 requesting under the Official
Information Act 1982 (the Act), the following:

 

I am writing to respectfully request the provision of all official
information that the Ministry of Business, Innovation & Employment holds
in respect of the sale of the previously owned Crown Entity FairWay
Resolution Limited, into private ownership, lead by the FairWay Resolution
Limited Management team. I welcome your provision to me of all official
information, including advice provided by, and or to the MBIE to and from
any and all parties associated with the sale of FairWay Resolution Limited
out of crown ownership that both proceeded the sale and or came into
existence following the sale of FairWay Resolution Limited.

 

I would expect that such information will be sourced from, but not solely
limited to the official information generated from MBIE's dealings with
FairWay Resolution Limited when crown owned, The Minister/s for ACC, the
Finance Ministers, Minister/s for Justice, and Treasury, together with all
other parties which I may not mentioned and for which official information
in relation to the sale of FairWay Resolution Limited applies and is held
by Treasury.

 

I would also appreciate you providing to me within my request a copy of
MBIE's "Cost Benefit Analysis associated directly with the proposed sale
of Crown Owned FairWay Resolution Limited, inclusive of MBIE's
suggested/indicated sale premium for the purchase" that was completed
prior to the sale of the Crown Owned FairWay Resolution Limited into
private ownership for which any and all advice was provided by MBIE to any
and all third parties associated with, or affected by the sale of FairWay
Resolution Limited into privacy ownership.

 

I would also welcome confirmation as to whether MBIE factored into any
advice upon the sale of FairWay Resolution Limited any social and natural
justice rights of what ACC claimants stood to gain and or lose from the
removal of FairWay Resolution Limited from Crown Ownership, including
whether MBIE was aware that as a consequence of the sale of FairWay off
the government books that FairWay Resolution Limited would claim that they
no longer answerable to the statutory obligations of the Official
Information Act 1982, for which they were required to comply with prior to
the sale of the entity to a non crown owned private interest.

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

 

Yours sincerely,

Alan Witcombe

MANAGER, MINISTERIAL SERVICES

 

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

[2]cid:image004.jpg@01D10666.447C6950

 

 

 

[3]www.govt.nz - your guide to finding and using New Zealand government
services

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From: *OIA
Ministry of Business, Innovation & Employment

Attachment image001.png
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Attachment Letter to requestor advising of transfer DOIA 1718 1541.pdf
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DOIA 1718-1541

 

Dear Mr Lawson

 

Please find attached a letter in regards to your Official Information Act
request dated 26 April 2018.

 

Kind regards,

 

MINISTERIAL ADVISOR

 

Ministerial Services

Ministry of Business, Innovation & Employment

[1]www.mbie.govt.nz

[2]cid:image001.png@01D2A86C.030B1D00

 

[3]www.govt.nz - your guide to finding and using New Zealand government
services

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

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

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

References

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1. http://www.mbie.govt.nz/
3. http://www.govt.nz/

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