NZ Claims Resolution Service - Independence of the 'independent lawyer' Emily Walton

adrian cowie made this Official Information request to Ministry of Business, Innovation & Employment

Currently waiting for a response from Ministry of Business, Innovation & Employment, they must respond promptly and normally no later than (details and exceptions).

From: adrian cowie

Dear Ministry of Business, Innovation & Employment,

Emily Walton is a New Zealand barrister located in Christchurch. Previously she was a partner at Wynn Williams lawyers who acted for Southern Response Earthquake Services Limited with respect to insurance claims from the Canterbury Earthquake Sequence.

The New Zealand Claims Resolution Service (NZCRS) has a ‘Legal Advisory Group’ which meets regularly. The meeting minutes from this group show that Emily Walton is part of this Legal Advisory Group as an “Independent Lawyer”.

Emily Walton is also a Director of Batchelar McDougall Consulting Limited, a structural engineering firm that as I understand it, provides engineering services to NZCRS.

Batchelar McDougall Consulting Limited, as I understand it, also acts for the Natural Hazards Commission (NHC) carrying out assessments for properties which have had NZCRS involvement.

Please note that when I state NZCRS it also includes MBIE.

Please provide the following information:

1. The evidence that NZCRS has that Emily Walton is ‘independent’.

2. The register of interests and disclosure of conflicts of interest that Emily Walton completed in her role in the NZCRS.

3. The conflict of interest assessment that NZCRS completed for Emily Walton in her position as “Independent Lawyer”, noting she is also a Director of a structural engineering firm that appears to work for NZCRS and the Natural Hazards Commission.

4. The conflict of interest records that NZCRS have for Emily Walton in her involvement with NZCRS.

5. A copy of the engagement letter and fees details for Emily Walton’s involvement with the NZCRS. This should include the amount she is paid, including all invoices covering all her involvement with the NZCRS.

6. A full listing and description of the fees paid to Emily Walton, including a description of what this was for, and dates, for the period that she has been involved with the NZCRS (including the previous name: the Greater Christchurch Claims Resolution Service (GCCRS)).

7. A copy of the engagement letter and other engagement information, short form agreement, and fees details for Batchelar McDougall Consulting Limited’s work for NZCRS, including that of Edward Hill, or Ed Hill, structural engineer. This should include the amount paid to Batchelar McDougall Consulting Limited, their hourly rate, and copies of invoices for all of their involvement with NZCRS.

8. A copy of all meeting agenda, meeting minutes, aide memoire, discussions, filenotes, letters, emails, phone recordings, phone calls, between NZCRS and insurers and their PMO’s and consultants regarding Emily Walton and her involvement with the NZCRS. This should include, but not be limited to, the Natural Hazards Commission, Southern Response Earthquake Services Limited, Insurance Council of New Zealand.

Yours faithfully,

adrian cowie

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From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment


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Kia ora Adrian Cowie FYI 28595,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 30/09/2024 requesting, under the Official
Information Act 1982, the following:
Emily Walton is a New Zealand barrister located in Christchurch. 
Previously she was a partner at Wynn Williams lawyers who acted for
Southern Response Earthquake Services Limited with respect to insurance
claims from the Canterbury Earthquake Sequence.

The New Zealand Claims Resolution Service (NZCRS) has a ‘Legal Advisory
Group’ which meets regularly.  The meeting minutes from this group show
that Emily Walton is part of this Legal Advisory Group as an “Independent
Lawyer”.

Emily Walton is also a Director of Batchelar McDougall Consulting Limited,
a structural engineering firm that as I understand it, provides
engineering services to NZCRS.

Batchelar McDougall Consulting Limited, as I understand it, also acts for
the Natural Hazards Commission (NHC) carrying out assessments for
properties which have had NZCRS involvement.

Please note that when I state NZCRS it also includes MBIE.

Please provide the following information:

1.      The evidence that NZCRS has that Emily Walton is ‘independent’.

2.      The register of interests and disclosure of conflicts of interest
that Emily Walton completed in her role in the NZCRS.

3.      The conflict of interest assessment that NZCRS completed for Emily
Walton in her position as “Independent Lawyer”, noting she is also a
Director of a structural engineering firm that appears to work for NZCRS
and the Natural Hazards Commission. 

4.      The conflict of interest records that NZCRS have for Emily Walton
in her involvement with NZCRS.

5.      A copy of the engagement letter and fees details for Emily
Walton’s involvement with the NZCRS.  This should include the amount she
is paid, including all invoices covering all her involvement with the
NZCRS.

6.      A full listing and description of the fees paid to Emily Walton,
including a description of what this was for, and dates, for the period
that she has been involved with the NZCRS (including the previous name:
the Greater Christchurch Claims Resolution Service (GCCRS)).

7.      A copy of the engagement letter and other engagement information,
short form agreement, and fees details for Batchelar McDougall Consulting
Limited’s work for NZCRS, including that of Edward Hill, or Ed Hill,
structural engineer.  This should include the amount paid to Batchelar
McDougall Consulting Limited, their hourly rate, and copies of invoices
for all of their involvement with NZCRS.

8.      A copy of all meeting agenda, meeting minutes, aide memoire,
discussions, filenotes, letters, emails, phone recordings, phone calls,
between NZCRS and insurers and their PMO’s and consultants regarding Emily
Walton and her involvement with the NZCRS.  This should include, but not
be limited to, the Natural Hazards Commission, Southern Response
Earthquake Services Limited, Insurance Council of New Zealand.
 
We will endeavour to respond to your request as soon as possible, and no
later than 29/10/2024, 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. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
 
Nâku noa, nâ
Ministerial Services
Corporate Services, Finance  & Enablement
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

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