Minister and former Ministers of Finance and the sale of Crown Owned Entity FairWay Resolution Limited into private ownership.

David Lawson made this Official Information request to Grant Robertson

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

From: David Lawson

Dear Grant Robertson,

I am writing to respectfully request the provision of all official information that you, as minister of Finance, or a former Minister of Finance 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 you, as minister of Finance, or a former Minister of Finance, 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 you, as minister of Finance, or a former Minister of Finance, with FairWay Resolution Limited when crown owned, Treasury, 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 yourself, as minister of Finance, or a former Minister of Finance.

I would also appreciate you providing to me within my request a copy of you, as minister of Finance, the former Minister of Finance's "Cost Benefit Analysis associated directly with the proposed sale of Crown Owned FairWay Resolution Limited, inclusive of the former Minister of Finance'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 a former Minister of Finance 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 former Minister of Finance 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 former Minister of Finance 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 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

Yours faithfully,

David Lawson

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From: Hon Grant Robertson

Dear correspondent

On behalf of Hon Grant Robertson, thank you for your email.

While the Minister considers all correspondence to be important and all
messages are carefully read and considered, it is not possible to provide
a personal response to every email which is received.

Where the Minister has portfolio responsibility for the issues that you
have raised, your correspondence will be considered and responded to where
appropriate.

Thank you for taking the time to write.

(Please note that this acknowledgement is an automatically generated
email.)

Regards

Office of Hon Grant Robertson

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David Lawson left an annotation ()

Dear Grant Robertson,

I have attempted to find a www.fyi.org.nz site for the Ministry of Finance to no avail, to whom I was planning to send a similar OIA request to as I have to yourself with respect to the sale of FairWay Resolution Limited outside of Crown Ownership.

It would be appreciated if you could also forward my separate and new request to the Ministry of Finance for the same requested information in relation to the sale of FairWay Resolution Limited outside of crown ownership, that I have forwarded to yourself for response, with the only amendments being that the agency that I am now applying my request to is that of the Ministry of Finance, as and where "you", "yourself" and or "former Minister of Finance" appeared in your request.

I thank you for your assistance, and look forward to your response to my OIA, together with your confirmation that my request for the same official Information from the Ministry of Finance has been transferred per my request for their separate response on the similar matters.

I thank you for your time and assistance.

Kind regards,
David Lawson

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Richard left an annotation ()

The Ministry that supports the Minister of Finance is The Treasury.

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From: Hon Grant Robertson

Dear David Lawson

On behalf of the Hon Grant Robertson, Minister of Finance, I acknowledge receipt of your letter of 26 April 2018.

Your request was received in this office on 30 April 2018 and will be responded to under the provisions of the Official Information Act.

Yours sincerely

Katy Greco-Ainslie
Private Secretary

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From: Hon Grant Robertson

Letter from Hon Grant Robertson, Minister of Finance, attached.

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Things to do with this request

Anyone:
Grant Robertson only: