Minister of ACC and Ministry of ACC and the sale of Crown Owned Entity FairWay Resolution Limited into private ownership.

David Lawson made this Official Information request to Iain Lees-Galloway

Response to this request is long overdue. By law Iain Lees-Galloway should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: David Lawson

Dear Iain Lees-Galloway,

I am writing to respectfully request the provision of all official information that the Ministry of ACC, and or former Minister/s for ACC, including yourself 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 Ministry of ACC, and or former Minister/s for ACC, together with yourself, 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 the Ministry of ACC's, and or former Minister/s for ACC, inclusive of yourself in dealings with FairWay Resolution Limited when crown owned, Treasury, 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 Ministry of ACC's, and or former Minister/s for ACC "Cost Benefit Analysis associated directly with the proposed sale of Crown Owned FairWay Resolution Limited, inclusive of Ministry of ACC's, and or former Minister/s' for ACC 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 Ministry of ACC, and or former Minister/s for ACC 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 the Ministry of ACC, and or former Minister/s' for ACC 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 the Ministry of ACC, and or former Minister/s for ACC were 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 the Ministry of ACC, and yourself for this official information based on the former Minister of ACC Mr Michael Woodhouse's comments associated with advice sought from Treasury as reported in Mr Shane Cowlishaw's article of 4 October 2017 that appeared in Newsroom's website titled "Independence of ACC disputes entity questioned" for which can be located at the following weblinked address: https://www.newsroom.co.nz/2017/10/03/51...

The quoted passage follows from Shane Cowlishaw's article;

"Critics have noted that without a tender or consultation on the sale of FairWay, those people were again shut out of having a say on an issue directly affecting them.

ACC Minister Michael Woodhouse said he asked about the lack of a tender process and received advice that it was deemed unnecessary and would have achieved nothing.

FairWay was a small organisation with high risks to its revenue because it relied on contracts with ACC and the Ministry of Justice, plus the company’s leadership team had approached with an offer to buy, he said.

“My concern was to ensure the price was right on behalf of the taxpayer and the risks were managed in an efficient way and Treasury gave us the advice that said ‘Yep, we could go out to tender, it could take a lot longer, it would be more costly and we’d be no better off’ so the Minister of Finance and I were satisfied that that question had been answered quite clearly.” "

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 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: I Lees-Galloway (MIN)
Iain Lees-Galloway

On behalf of Hon Iain Lees-Galloway, Minister of Immigration, Minister for
ACC and Minister for Workplace Relations and Safety thank you for your
email. Please consider this email as an acknowledgement.

Thank you for taking the time to write and please be assured that your
comments will be read by the Minister. However, there may be no further
response to you.

Kind regards,

Office of Hon Iain Lees-Galloway

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David Lawson left an annotation ()

Dear Iain Lees-Galloway,

It would be appreciated if you could amend the second paragraph of my OIA request in which I incorrectly refer to Treasury instead of Ministry of ACC, and Minister/s of ACC to correctly read for the purpose of your OIA response as;

"I would expect that such information will be sourced from, but not solely limited to the official information generated from the Ministry of ACC's, and or former Minister/s for ACC, inclusive of yourself in dealings with FairWay Resolution Limited when crown owned, Treasury, 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 Ministry of ACC, and Minister/s of ACC .

I thank you for your time and assistance.

Kind regards,
David Lawson.

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David Lawson left an annotation ()

Dear Hon Iain Lees-Galloway,

Shortly after my attached official information request through FYI I received what has been returned to my email address as your "response" to my OIA request which reads as follows;

"From: I Lees-Galloway (MIN)
Iain Lees-Galloway

April 26, 2018
On behalf of Hon Iain Lees-Galloway, Minister of Immigration, Minister for
ACC and Minister for Workplace Relations and Safety thank you for your
email. Please consider this email as an acknowledgement.

Thank you for taking the time to write and please be assured that your
comments will be read by the Minister. However, there may be no further
response to you.

Kind regards,

Office of Hon Iain Lees-Galloway"

I note that your reply to my OIA refers to my "email", and goes on to note that "there may be no further response to you".

Since this response, to my current knowledge, does not comply with the provisions of the Official Information Act, as a response, it would be appreciated if you could confirm to me what provisions under the Official Information Act 1982, provide exclusions for Hon Iain Lees-Galloway to provide a response to my OIA request today.

In the event that there is an valid exclusion under the Official Information Act 1982, that provides Hon Iain Lees-Galloway an exclusion from having to provide a valid response to my official information request, I welcome your advice accordingly.

In the event that there is not exlusion provided under the official information act 1982, I equally welcome confirmation as to the date that I can reasonably expect Hon Iain Lees-Galloway response to my official information request submitted today.

Thanks and kind regards,
David Lawson

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From: I Lees-Galloway (MIN)
Iain Lees-Galloway

Good Morning,

I am writing to acknowledge receipt of your official information request dated 26-April 2018 for,

“All official information that the Ministry of ACC, and or former Minister/s for ACC, including yourself 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 Ministry of ACC, and or former Minister/s for ACC, together with yourself, 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 the Ministry of ACC's, and or former Minister/s for ACC, inclusive of yourself in dealings with FairWay Resolution Limited when crown owned, Treasury, 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.

A copy of Ministry of ACC's, and or former Minister/s for ACC "Cost Benefit Analysis associated directly with the proposed sale of Crown Owned FairWay Resolution Limited, inclusive of Ministry of ACC's, and or former Minister/s' for ACC 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 Ministry of ACC, and or former Minister/s for ACC to any and all third parties associated with, or affected by the sale of FairWay Resolution Limited into privacy ownership.

Whether the Ministry of ACC, and or former Minister/s' for ACC 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 the Ministry of ACC, and or former Minister/s for ACC were 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.

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.”

We received your request on 26-April 2018. We will endeavour to respond to your request as soon as possible and in any event no later than 24 May 2018, being 20 working days after the day your request was received.

If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

Yours Sincerely

Office Hon Iain Lees-Galloway
Minister of Immigration |Minister for Workplace Relations & Safety | Minister of ACC | Deputy Leader of the House | MP for Palmerston North
4.5R, Executive Wing |Parliament Buildings | Private Bag 18041 | Wellington 6160 | New Zealand | P: 64 (4) 817 8713

Authorised by Iain Lees-Galloway, Parliament Buildings, Wellington 6011

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From: I Lees-Galloway (MIN)
Iain Lees-Galloway

Good Afternoon,

I refer to your official information request dated 26 April 2018 for,

“All official information that the Ministry of ACC, and or former Minister/s for ACC, including yourself 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 Ministry of ACC, and or former Minister/s for ACC, together with yourself, 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 the Ministry of ACC's, and or former Minister/s for ACC, inclusive of yourself in dealings with FairWay Resolution Limited when crown owned, Treasury, 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.

A copy of Ministry of ACC's, and or former Minister/s for ACC "Cost Benefit Analysis associated directly with the proposed sale of Crown Owned FairWay Resolution Limited, inclusive of Ministry of ACC's, and or former Minister/s' for ACC 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 Ministry of ACC, and or former Minister/s for ACC to any and all third parties associated with, or affected by the sale of FairWay Resolution Limited into privacy ownership.

Whether the Ministry of ACC, and or former Minister/s' for ACC 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 the Ministry of ACC, and or former Minister/s for ACC were 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.

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.”

We have transferred your request to Treasury New Zealand as MBIE/ACC is not involved with Fairway.

The information to which your request relates is believed to be more closely connected with the functions of Treasury New Zealand.

In these circumstances, we are required by section 14 of the Official Information Act to transfer your request.

You will hear further from Treasury New Zealand concerning your request.

Yours sincerely

Office Hon Iain Lees-Galloway
Minister of Immigration |Minister for Workplace Relations & Safety | Minister of ACC | Deputy Leader of the House | MP for Palmerston North
4.5R, Executive Wing |Parliament Buildings | Private Bag 18041 | Wellington 6160 | New Zealand| P: 64 (4) 817 8713

Authorised by Iain Lees-Galloway, Parliament Buildings, Wellington 6011

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Things to do with this request

Anyone:
Iain Lees-Galloway only: