New Head of MSD and Criminal Act and Non Legal Acts Apologies and Rectification
Gregory Soar made this Official Information request to Ministry of Social Development
The request was successful.
From: Gregory Soar
Dear Ministry of Social Development,
1. Why have no apologies or compensation offers been made to clients who had deliberate non legal actions used against them re documents with false names considering it is now 5 months post MSD accepting it acted illegally and the Crimes Act clearly makes those non legal actions criminal acts.
2. What actions, if any, is MSD planning to use to rectify and acknowledge the serious harms and rights breaches attached to the use of false names at MSD?
Yours faithfully,
Gregory Soar
From: Gregory Soar
Dear Ministry of Social Development,
A response was due by 11th March. Could you please clarify the delay?
Yours faithfully,
Gregory Soar
From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe Mr Soar
On 10 January 2019, you wrote to the Ministry withdrawing all requests you had made for information.
The Ministry is not aware of any current requests. If you would like to re-submit your original request please let us know.
Nā mātou noa, nā
Official and Parliamentary Information team | Ministerial and Executive Services Ministry of Social Development
-----Original Message-----
From: Gregory Soar [mailto:[FOI #9558 email]]
Sent: Wednesday, 13 March 2019 9:13 a.m.
To: OIA_Requests (MSD)
Subject: Re: Official Information request - New Head of MSD and Criminal Act and Non Legal Acts Apologies and Rectification
Dear Ministry of Social Development,
A response was due by 11th March. Could you please clarify the delay?
Yours faithfully,
Gregory Soar
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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: Gregory Soar
Dear OIA_Requests (MSD),
Your response to this request clarifies that under the new leadership of Ms Power the Ministry of Social Development has not ended deceptive and dishonest practices. Both the Ministry and Ms. Power should be thoroughly ashamed and will need to take legal responsibility. It seems the Ministry wish a Court ruling when that ruling simply cannot be favourable to MSD. It is clear the MSD know this post Collins J ruling last year.
Apologies and compensation are not sought for your actions in protecting your staff. That point is actually not of great importance to the issue of apologies etc. The MSD, like myself, know that apologies and compensation are sought not for protecting staff but for the illegal actions used in doing so. Again this point is clear from the ruling of Collins J last year. Thus the MSD declares no apologies or compensation for illegal actions used on clients. Those illegal actions consist of admittedly falsely signed documents given to clients to act upon as if they were genuine. A category four criminal action in NZ. If clients sign false documents they are rightly held responsible. So should MSD and all others in NZ.
There is also an issue in regard the allegations MSD makes about clients that they are a danger to staff. Unilateral allegations unproven must not violate the right to be innocent until proven guilty. OIA requests show that in some cases scarce, if any, evidence exists to support these allegations.
A similar situation exists when MSD replied to an OIA that “there is no evidence of criminal activity” when the author of this reply has two letters falsely signed and another admitting the names are false. That is evidence of criminal activity according to the Crimes Act as I have mentioned previously. That is such strong evidence it meets the prosecution guidelines of “likelihood of conviction” and “ in the public interest”. To say no such evidence exists is simply a deliberate deception / using a lie. State servants should not be acting in such a manner. The harms caused by those actions are well made to your organisation.
It is clear that MSD under the new leadership of Ms. Powell is forging ahead with deceitful and untrue business practices that violate several rights ( innocent until proven guilty, natural justice etc ) and moral expectations ( honesty, integrity etc ).
That this is the case seems to make it clear that legal action will be (yet again) the only way MSD will change its practices. This is a point that needs to be addressed in itself. The State Commissioner needs to do far better in this area. His current actions to date have been far from “appropriate” as state services claim given his legal responsibilities regarding state service organisations.
I note also the reply to this request was not uploaded to this site but mailed to me directly at home. Is that so the public cannot see the clear deceit ( no compensation for protection of staff...yet compensation and more importantly apologies are sought for your High Court ruled illegal actions that MSD accepts / did not appeal.
Yours sincerely,
Gregory Soar
From: Gregory Soar
Dear OIA_Requests (MSD),
MSD sent the response to a latter request ( apologies bad health ). Date different ....issues unchanged.
New leadership continues untruthful deceptive practices.
Simply unbelievable.
Yours sincerely,
Gregory Soar
From: OIA_Requests (MSD)
Ministry of Social Development
RE Official Information request New Head of MSD and Criminal Act and Non Legal Acts Apologies and Rectification.txt
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Dear Mr Soar, thank you for your further emails below and attached.
Your emails have been sent in response to the letter dated 20 March 2019 that you received from Elisabeth Brunt, General Manager Ministerial and Executive Services.
Your comments have been noted.
To confirm, the letter dated 20 March 2019 was sent to your personal email address and not to fyi.org.nz to ensure your privacy was protected.
Nā mātou noa, nā
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whānau
-----Original Message-----
From: Gregory Soar [mailto:[FOI #9558 email]]
Sent: Monday, 25 March 2019 3:03 a.m.
To: OIA_Requests (MSD)
Subject: RE: Official Information request - New Head of MSD and Criminal Act and Non Legal Acts Apologies and Rectification
Dear OIA_Requests (MSD),
Your response to this request clarifies that under the new leadership of Ms Power the Ministry of Social Development has not ended deceptive and dishonest practices. Both the Ministry and Ms. Power should be thoroughly ashamed and will need to take legal responsibility. It seems the Ministry wish a Court ruling when that ruling simply cannot be favourable to MSD. It is clear the MSD know this post Collins J ruling last year.
Apologies and compensation are not sought for your actions in protecting your staff. That point is actually not of great importance to the issue of apologies etc. The MSD, like myself, know that apologies and compensation are sought not for protecting staff but for the illegal actions used in doing so. Again this point is clear from the ruling of Collins J last year. Thus the MSD declares no apologies or compensation for illegal actions used on clients. Those illegal actions consist of admittedly falsely signed documents given to clients to act upon as if they were genuine. A category four criminal action in NZ. If clients sign false documents they are rightly held responsible. So should MSD and all others in NZ.
There is also an issue in regard the allegations MSD makes about clients that they are a danger to staff. Unilateral allegations unproven must not violate the right to be innocent until proven guilty. OIA requests show that in some cases scarce, if any, evidence exists to support these allegations.
A similar situation exists when MSD replied to an OIA that “there is no evidence of criminal activity” when the author of this reply has two letters falsely signed and another admitting the names are false. That is evidence of criminal activity according to the Crimes Act as I have mentioned previously. That is such strong evidence it meets the prosecution guidelines of “likelihood of conviction” and “ in the public interest”. To say no such evidence exists is simply a deliberate deception / using a lie. State servants should not be acting in such a manner. The harms caused by those actions are well made to your organisation.
It is clear that MSD under the new leadership of Ms. Powell is forging ahead with deceitful and untrue business practices that violate several rights ( innocent until proven guilty, natural justice etc ) and moral expectations ( honesty, integrity etc ).
That this is the case seems to make it clear that legal action will be (yet again) the only way MSD will change its practices. This is a point that needs to be addressed in itself. The State Commissioner needs to do far better in this area. His current actions to date have been far from “appropriate” as state services claim given his legal responsibilities regarding state service organisations.
I note also the reply to this request was not uploaded to this site but mailed to me directly at home. Is that so the public cannot see the clear deceit ( no compensation for protection of staff...yet compensation and more importantly apologies are sought for your High Court ruled illegal actions that MSD accepts / did not appeal.
Yours sincerely,
Gregory Soar
-----Original Message-----
Tēnā koe Mr Soar
On 10 January 2019, you wrote to the Ministry withdrawing all requests you had made for information.
The Ministry is not aware of any current requests. If you would like to re-submit your original request please let us know.
Nā mātou noa, nā
Official and Parliamentary Information team | Ministerial and Executive Services Ministry of Social Development
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9558 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
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