Asbestos Management Plans
Mark Montgomery made this Official Information request to Canterbury District Health Board
Response to this request is long overdue. By law Canterbury District Health Board should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Mark Montgomery
Dear Canterbury District Health Board,
Pursuant to the Official Information Act 1982 please provide copies of all Asbestos Management Plans prepared under Regulation 13(2) of the Health and Safety at Work (Asbestos) Regulations 2016 for all workplaces occupied or from time to time occupied by the District Health Board where asbestos or ACM (Asbestos Containing Material) is suspected to be or has been identified at the workplace.
Yours faithfully,
Mark Montgomery
From: Communications
Canterbury District Health Board
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References
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1. https://www.cdhb.health.nz/media-release...
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From: Kathleen Smitheram
Canterbury District Health Board
Kind regards
Kathleen Smitheram
Canterbury District Health Board and West Coast District Health Board
Official Information Act Co-ordinator, Planning and Funding
Level 2, 32 Oxford Terrace
PO Box 1600
Christchurch 8140
(DDI (03) 364 4134| 6: 03 364 4165 | *[email address];
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This email may contain privileged and confidential information, including
health information protected by the Health Information Privacy Code and
the Privacy Act. It is intended solely for the intended recipient(s). Any
unauthorized use, redistribution, disclosure, or reproduction of this
email and/or its attachments is strictly prohibited and may be unlawful.
If you are not the intended recipient, please notify the sender
immediately and delete the original message, including attachments, from
your system. Any views or opinions expressed in this email are those of
the individual sender, and do not necessarily reflect those of the
Canterbury District Health Board unless otherwise stated.
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From: Kathleen Smitheram
Canterbury District Health Board
Dear Mark
Please find attached our response to your Official Information Act request
WCDHB 9395.
Kind regards
Kathleen Smitheram
Canterbury District Health Board and West Coast District Health Board
Official Information Act Co-ordinator, Planning and Funding
Level 2, 32 Oxford Terrace
PO Box 1600
Christchurch 8140
(DDI (03) 364 4134| 6: 03 364 4165 | *[email address];
********************************************************************************************
This email may contain privileged and confidential information, including
health information protected by the Health Information Privacy Code and
the Privacy Act. It is intended solely for the intended recipient(s). Any
unauthorized use, redistribution, disclosure, or reproduction of this
email and/or its attachments is strictly prohibited and may be unlawful.
If you are not the intended recipient, please notify the sender
immediately and delete the original message, including attachments, from
your system. Any views or opinions expressed in this email are those of
the individual sender, and do not necessarily reflect those of the
Canterbury District Health Board unless otherwise stated.
********************************************************************************************
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From: Kathleen Smitheram
Canterbury District Health Board
Dear Mark
Please find attached our response to your Official Information Act request
CDHB 10262.
Kind regards
Kathleen Smitheram
Canterbury District Health Board and West Coast District Health Board
Official Information Act Co-ordinator, Planning and Funding
Level 2, 32 Oxford Terrace
PO Box 1600
Christchurch 8140
(DDI (03) 364 4134| 6: 03 364 4165 | *[email address];
********************************************************************************************
This email may contain privileged and confidential information, including
health information protected by the Health Information Privacy Code and
the Privacy Act. It is intended solely for the intended recipient(s). Any
unauthorized use, redistribution, disclosure, or reproduction of this
email and/or its attachments is strictly prohibited and may be unlawful.
If you are not the intended recipient, please notify the sender
immediately and delete the original message, including attachments, from
your system. Any views or opinions expressed in this email are those of
the individual sender, and do not necessarily reflect those of the
Canterbury District Health Board unless otherwise stated.
********************************************************************************************
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From: Mark Montgomery
Dear Kathleen Smitheram,
I believe that the Canterbury District Health Board and West Coast District Health Board have not released the information I requested. I was very specific with my request for information required to be held under the Health and Safety at Work (Asbestos) Regulations. I also note that other DHB's have released full Asbestos Management Plans after the identical information requests.
I am now of the view that the Canterbury District Health Board and West Coast District Health Board are in breach of their duty under Section 5 of the Official Information Act 1982, the Principle of availability "The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it."
Please provide the copies of ALL Asbestos Management Plans prepared under Regulation 13(2) of the Health and Safety at Work (Asbestos) Regulations 2016 for ALL workplaces occupied or from time to time occupied by the District Health Board where asbestos or ACM (Asbestos Containing Material) is
suspected to be or has been identified at the workplace. I expect to see the full Asbestos Management Plan, including locations, types, volumes, etc., as required by Regulation.
Please respond with 5 working days with the information originally requested OR a clear reason, pursuant to the Official Information Act 1982, why it is being withheld.
Yours sincerely,
Mark Montgomery
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- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Mark Montgomery left an annotation ()
The Canterbury District Health Board and West Coast District Health Board's have taken the unusual step of simply sending a lengthy letter stating they have the information requested but won't release it.
They've not cited the OIA nor given one of the lawful reasons set out in the OIA for not releasing information.
I've gone back to them reminding them of Section 5 of the OIA Principle of availability which I believe they've failed to comply with.
Link to this