Good morning Mr Lawson,

 

I refer to your official information request dated 26 April, for
information relating to the sale of the previously owned Crown Entity
FairWay Resolution Limited.

We have transferred your request to the office of Hon Andrew Little,
Minister of Justice. The information to which your request relates is
believed to be more closely connected with the functions of the Minister’s
office. In these circumstances, we are required by section 14 of the OIA
 to transfer your request.

You will hear further from the office of Hon Andrew Little, Minister of
Justice concerning your request.

 

Kind regards,

   

[1]http://www.justice.govt.nz/courts/shared... Alex Pickard
Advisor |
Official
Correspondence
Communications
Ministry of
Justice | Tāhū
o te Ture

 

 

 

-----Original Message-----
From: David Lawson [mailto:[FOI #7726 email]]
Sent: Thursday, 26 April 2018 3:34 p.m.
To: correspondence, official <[Ministry of Justice request email]>
Subject: Official Information request - Ministry of Justice, the former
Justice Ministers and the Justice Minister Andrew Little and the sale of
Crown Owned Entity FairWay Resolution Limited into private ownership.

 

Dear Ministry of Justice and Minister of Justice Andrew Little,

 

I am writing to respectfully request the provision of all official
information that the Ministry of Justice, and the current and or former
Minister/s for Justice,  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 Justice, and the current and or former
Minister/s for Justice, 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,
current and or former Minister/s for ACC, FairWay Resolution Limited,
Treasury, the Finance Ministers, 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 Justice, and the current and or former Minister/s for Justice.

 

I would also appreciate you providing to me within my request a copy of
Ministry of Justice, and or former Minister/s for Justice, "Cost Benefit
Analysis associated directly with the proposed sale of Crown Owned FairWay
Resolution Limited, inclusive of Ministry of Justice, and the current and
or former Minister/s for Justice, 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 Justice, and the and or former Minister/s for
Justice, 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 Justice,
and the or former Minister/s for Justice, 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 Justice, and the current and or former Minister/s for Justice,
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 Justice, current and or former
Minister/s for Justice, in this instance on the basis of 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: [2]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

 

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

 

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

 

Please use this email address for all replies to this request:

[3][FOI #7726 email]

 

Is [4][Ministry of Justice request email] the wrong address for
Official Information requests to Ministry of Justice? If so, please
contact us using this form:

[5]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]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.

 

 

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

 

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

Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

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

References

Visible links
2. https://www.newsroom.co.nz/2017/10/03/51
3. mailto:[FOI #7726 email]
4. mailto:[Ministry of Justice request email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers

hide quoted sections

Good afternoon Mr Lawson,

 

Acknowledging receipt of your new OIA request on 30 April, as set out
below.

 

I have been asked to advise you that most of, if not all, the information
you are requesting is held by The Treasury and not the Ministry of
Justice. However, you can expect a response to your request on or before
28 May 2018.

 

Kind regards,

 

   

[1]http://www.justice.govt.nz/courts/shared... Alex Pickard
Advisor |
Official
Correspondence
Communications
Ministry of
Justice | Tāhū
o te Ture

 

 

-----Original Message-----
From: David Lawson [mailto:[FOI #7726 email]]
Sent: Monday, 30 April 2018 12:19 p.m.
To: correspondence, official <[Ministry of Justice request email]>
Subject: RE: Official Information request - Ministry of Justice, the
former Justice Ministers and the Justice Minister Andrew Little and the
sale of Crown Owned Entity FairWay Resolution Limited into private
ownership.

 

Dear Alex Pickard,

 

Thank you for your response and advise that you have transferred my
request to the office of Hon Andrew Little, Minister of Justice, under
section 14 (b) of the OIA.

 

It would be appreciated if you could confirm to me as a new request under
the OIA as to whether the Ministry of Justice holds any official
information in relation to the information that I requested  in my
original request to the Ministry of Justice on 26 April 2018, which may
have been later condensed in summary form and presented to the relevant
Minister of Justice's either prior to and or after the sale of FairWay
Resolution Limited, that is held by the Ministry of Justice, and for which
the relevant Minister at the time would not have been provided full copies
of such official information other than in summarised form, and so the
Minister may not have been privy to the complete official information that
I am seeking in regards to the sale process of Fairway Resolution Limited,
and the official information generated throughout the process.

 

Thanks and kind regards,

David Lawson

 

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

 

Good morning Mr Lawson,

 

 

 

I refer to your official information request dated 26 April, for 
information relating to the sale of the previously owned Crown Entity 
FairWay Resolution Limited.

 

We have transferred your request to the office of Hon Andrew Little, 
Minister of Justice. The information to which your request relates is 
believed to be more closely connected with the functions of the
Minister’s  office. In these circumstances, we are required by section 14
of the OIA

 to transfer your request.

 

You will hear further from the office of Hon Andrew Little, Minister of 
Justice concerning your request.

 

 

 

Kind regards,

 

   

 

[1][2]http://www.justice.govt.nz/courts/shared... Alex
Pickard  Advisor |  Official  Correspondence  Communications  Ministry of 
Justice | Tāhū  o te Ture

 

 

 

 

 

 

 

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

Please use this email address for all replies to this request:

[3][FOI #7726 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]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.

 

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

 

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

Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

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

References

Visible links
2. http://www.justice.govt.nz/courts/shared...
3. mailto:[FOI #7726 email]
4. https://fyi.org.nz/help/officers

hide quoted sections

Good afternoon Mr Lawson,

 

Please find the attached response to your OIA request of 30 April 2018.

 

Kind regards,

 

   

[1]http://www.justice.govt.nz/courts/shared... Alex Pickard
Advisor |
Official
Correspondence
Communications
Ministry of
Justice | Tāhū
o te Ture

 

 

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

Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

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

References

Visible links

hide quoted sections