Dear Mr Soar
Official Information Request
I am writing to acknowledge receipt of your OIA request dated 12 January
2019.
We will endeavour to respond to your request as soon as possible and in
any event no later than are 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.
Please note, the three weeks between Christmas Day and 15 January 2019 do
not count as working days. This means that any OIA request submitted from
26 November 2018 may take a bit longer.
If you have any queries, please feel free to contact Ministerial Services
at [1][email address].  If any additional factors come to
light which are relevant to your request, please do not hesitate to
contact us so that these can be taken into account.
Our letter notifying you of our decision on your request will confirm if
we intend to publish the letter (with your personal details removed) and
any related documents on the State Services Commission’s website.
 
Kind regards
 

Ministerial Services
State Services Commission | Te Kawa Mataaho
[2]www.ssc.govt.nz | [3]www.govt.nz
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-----Original Message-----
From: Gregory Soar <[FOI #9384 email]>
Sent: Saturday, 12 January 2019 7:26 AM
To: SSC Enquiries <[email address]>
Subject: Official Information request - Does State Services Commissioner
intend to bring criminal charges against MSD and former head Brendon
Boyle?
 
Dear State Services Commission,
 
A civil court hearing has made the law clear around the use of false names
on documents being issued by MSD WINZ in that such use of false names is
not legal.  The Social Security Appeal Authority also made the same
ruling.   MSD accepts this ruling. It is, according to the court an
inviolate right.  It does not apply to only civil cases because the Crimes
Act 1961 ss 66, 255, 256 and 257 already tell us our answer that using
false information on legal documents intended to be acted upon.  Frankly
the Crimes Act does not say that signing false names only applies to
criminal action, rather it makes all and every such action criminal.  This
concept is easily understood.  To be clear the Crimes Act makes no
exception for civil cases to use false names on documents.  ANY breach of
the Crimes Act sections mentioned above constitute an offence and I allege
MSD and Boyle has committed a criminql action.
 
MSD has admitted in writing using false names on documents that were
issued and intended to be acted upon by the recipients.  
 
1. As it is the legislated requirement of the State Services Commissioner
to ensure MSD is operating legally and in a manner that upholds faith and
confidence in our state Services especially the MSD does the State
Services Commissioner intend to bring criminal charges against Boyle ( his
ended employment is irrelevant)  and the MSD?
 
2. If the State Services Commissioner does not intend to bring criminal
charges against Boyle and the MSD please supply all information as to your
decision to not do so.
 
3. If the State Services Commissioner does not intend to bring criminal
charges against Boyle and MSD please supply the information on how that
meets the legislated duties of the State Services Commission.
 
Yours faithfully,
 
Gregory Soar
 
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Good afternoon Mr Soar

Official Information Requests

Our Ref:  SSCOIA 2019-0006 and SSCOIA 2019-0007

 

We refer to your official information requests dated 12 January 2019  and
15 January 2019 where you have asked several questions that relate to the
Ministry of Social Development’s previous Chief Executive, Mr Brendon
Boyle and a recent High Court decision on the use of pseudonyms.

The Official Information Act 1982 requires that we advise you of our
decision on your request no later than 20 working days after the day that
we received your request.  Unfortunately, it will not be possible to meet
that time limit and we are, therefore, writing to notify you of an
extension of the time to make our decision, to 27 February 2019.

We will keep you updated on the progress of our response to your request.

This extension is necessary because consultations needed to make a
decision on your request are such that a proper response cannot reasonably
be made within the original time limit.

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact Ministerial Services at
[1][email address].

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Kind regards

 

[3]State Ministerial Services
Services State Services Commission | Te Kawa Mataaho
Commission [4]www.ssc.govt.nz | [5]www.govt.nz
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Good morning Mr Soar

 

Please find attached SSC’s response to your OIA requests received on the
12^th and 15^th January 2019.

 

Kind regards

 

[1]State Ministerial Services
Services State Services Commission | Te Kawa Mataaho
Commission [2]www.ssc.govt.nz | [3]www.govt.nz
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If you have received this message in error please notify the sender
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