SCAB Assessment Tool
S. Paurini made this Official Information request to Stuart Nash
The request was partially successful.
From: S. Paurini
Dear Stuart Nash,
Is the SCAB Assessment Tool that is imposed on the hospitality industry legal? Under what legislation does the compulsory SCAB Assessment Tool fall under?
Yours faithfully,
S. Paurini
From: S Nash (MIN)
Stuart Nash
Thank you for contacting Hon Stuart Nash, Minister of Police, Revenue,
Fisheries and for Small Business, and MP for Napier.
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Kind regards
Hon Stuart Nash LLM, MMgt, MForSc
Minister of Police, Revenue, Fisheries and for Small Business
MP for Napier
Private Bag 18 888, Parliament Buildings | Wellington | New Zealand
ph [2]+64 4 817 8712
[3]www.labour.org.nz
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Authorised by Hon Stuart Nash, Parliament Buildings, Wellington
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From: S Nash (MIN)
Stuart Nash
Dear S Paurini,
I refer to your request of 14 September 2019 which reads as follows:
"Is the SCAB Assessment Tool that is imposed on the hospitality industry legal? Under what legislation does the compulsory SCAB Assessment Tool fall under?"
The Minister of Police believes that this information is more closely connected with the functions of the New Zealand Police.
I have therefore transferred your request to the New Zealand Police pursuant to section 14 of the Official Information Act 1982.
Kind regards
Anna Weir
Private Secretary (Executive Support) to Hon Stuart Nash
Minister of Police, Revenue, Fisheries and for Small Business
MP for Napier
4.5L Parliament Buildings
Private Bag 18041 | Parliament Buildings | Wellington
[email address]
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S. Paurini left an annotation ()
I just received a response from Mr. Nash. He has passed my request to police. I am not sure they are the correct agency to answer the request because I've tried. I'll see what they reply with and post an update.
-sp
From: S. Paurini
Dear S Nash (MIN),
I have withdrawn the request because I have already written to police and they are unable to assist me. I will write to the Ombudsman if necessary but I will check other avenues first. I think this matter is fascinating because according to police it has no legal grounds, it's an agreement between police, the hospitality industry and a health organisation. SCAB is a subjective test the hospitality trade can use to loosely discriminate against people without having to justify themselves.
I think this is a serious issue. If it turns out that I have been discriminated against at a gay bar because of age, sexual orientation, cultural norms*, race and class* I have to decide whether to take the government to court or the bar owner or both; this is why I need to know whether the SCAB test is at least legal.
Yours sincerely,
S. Paurini
* Unfortunately, discrimination against working class people is common place but legal and I assume the same applies to cultural norms but I am still going to include these.
From: S Nash (MIN)
Stuart Nash
Thank you for contacting Hon Stuart Nash, Minister of Police, Revenue,
Fisheries and for Small Business, and MP for Napier.
If your email is regarding a Napier issue or invitation, please resend to
[1][email address]
Otherwise, invitations will be processed as soon as possible.
Correspondence may take longer to respond to due to the large amount
received by this office.
Stuart considers all correspondence to be important. If your email falls
outside of his portfolio responsibilities, expresses a personal view, or
is copied to multiple Members of Parliament, then your opinion will be
noted and your correspondence may be transferred to another office, or
there may be no further response to you.
Kind regards
Hon Stuart Nash LLM, MMgt, MForSc
Minister of Police, Revenue, Fisheries and for Small Business
MP for Napier
Private Bag 18 888, Parliament Buildings | Wellington | New Zealand
ph [2]+64 4 817 8712
[3]www.labour.org.nz
[4]image001.png
Authorised by Hon Stuart Nash, Parliament Buildings, Wellington
Disclaimer: The information in this email (including attachments) is
confidential and may be legally privileged. If an addressing or
transmission error has misdirected this email, please notify the author by
replying to this email and destroy the message. If you are not the
intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.
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Stuart Nash
Dear S Paurini
Please find the attached response.
Kind regards
Ministerial Services
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S. Paurini left an annotation ()
SCAB is used by bars to determine how intoxicated a person is. According to police it is a subjective test designed by the hospitality industry, police and a national health organisation. According to bar owners it's a compulsory test that police require bars to use. I am interested in knowing more about the SCAB test, specifically it's indicators and also subjectivity of bar staff and police and whether this loose approach can be improved on.
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