Incident reporting by DHB - standards, requirements, policies
Amy S Van Wey Lovatt (Account suspended) made this Official Information request to Ministry of Health
The request was partially successful.
From: Amy S Van Wey Lovatt (Account suspended)
Dear Ministry of Health,
I am writing to you as a New Zealand citizen.
I had previously written to the Health Quality and Safety Commission and have spoken with Work Safe NZ, neither of which have been able to assist me with answers to my questions, but suggest that the MoH ought to be able to.
I ask the MoH assistance, under section 13 of the OIA, to help me obtain the following information. In the event that the MoH does not hold the information, I ask that the MoH assist in the gathering of the information, even if it requires a transfer of my request to another relevant agency or agencies, pursuant to section 14 of the OIA.
Request 1:
Please describe the best practice for a DHB to document any unlawful acts, such as acts which are consistent with crimes under the Crimes Act, or incidents, which have the potential to cause harm to a patient or DHB employee (i.e., internal reports, eye-witness sworn statements, CCTV footage, etc.).
Request 2:
To which agency or agencies must DHB’s report unlawful acts, such as acts which are consistent with crimes under the Crimes Act, which are committed by either DHB employees, members of the DHB governance, or members of the public.
Request 3:
To which agency or agencies must DHB’s report incidents, which have the potential to cause harm to a patient or DHB employee.
Request 4:
Impersonation of a physician is fraud, and thus a crime. Further, the impersonation of a physician in a medical setting would be consistent with an incident which has the potential to cause harm to a patient. I request, for each DHB, the total number of incidents involving an allegation that a member of the public had impersonated a physician, between 1 May 2019 and 31 August 2019, and in the event there were such incidents reported, the date of the alleged incident, the names of the agencies the incidents were reported to, and a description of the evidence provided to support the allegation of the incident.
Request 5:
Unauthorised access, by a patient, to secure and restricted areas which require employee key-card access, such as surgical theatres and pathology laboratories, where diagnostic and biohazardous material are kept, would be an incident which has the potential to cause harm to a patient or DHB employee. Such an incident has the potential to be a crime, if it involved breaking and entering or theft of an employee key-card. I request, for each DHB, the total number of incidents involving an allegation that a member of the public had gained unauthorised access to a surgical theatre or pathology laboratory, between 1 May 2019 and 13 August 2019, and in the event there were such incidents reported, the date of the alleged incident, the names of the agencies the incidents were reported to, and a description of the evidence provided to support the allegation of the incident.
Request 6:
According to the MoH standards and legal precedent, patients’ medical records are confidential and access is restricted to the purpose in which they were obtained (for the care and treatment of the patient) and may only be accessed with the patients consent. Please refer to HISO 10064 and the Health Information Privacy Code 1994]. MoH standards (HISO 10029:2015 Health Information Security Framework) requires DHB’s to take steps to protect against re-routing or interception of private (email) communications, as the interception of private communications is a crime under section 216B of the Crimes Act. I request, for each DHB, the total number of incidents involving an allegation that a DHB employee had engaged in the interception of private email communications between a patient and a DHB employee, between 1 January 2019 and 29 May 2020, and in the event there were such incidents reported, the dates of the incidents, the names of the agencies the incidents were reported to, a description of the evidence provided to support the allegation of the incident, and the outcome of the investigation into the incidents (e.g., District or High Court Case Number, Privacy Commissioner ruling, Ombudsman decision, Human Rights Tribunal ruling, etc.).
If you require any clarification, please do not hesitate to ask.
Thank you in advance for your assistance.
Yours faithfully,
Amy S Van Wey Lovatt
Ministry of Health
Kia ora
Thank you for your request for official information received 29 May 2020
for:
"Request 1:
Please describe the best practice for a DHB to document any unlawful acts,
such as acts which are consistent with crimes under the Crimes Act, or
incidents, which have the potential to cause harm to a patient or DHB
employee (i.e., internal reports, eye-witness sworn statements, CCTV
footage, etc.).
Request 2:
To which agency or agencies must DHB’s report unlawful acts, such as acts
which are consistent with crimes under the Crimes Act, which are committed
by either DHB employees, members of the DHB governance, or members of the
public.
Request 3:
To which agency or agencies must DHB’s report incidents, which have the
potential to cause harm to a patient or DHB employee.
Request 4:
Impersonation of a physician is fraud, and thus a crime. Further, the
impersonation of a physician in a medical setting would be consistent with
an incident which has the potential to cause harm to a patient. I request,
for each DHB, the total number of incidents involving an allegation that a
member of the public had impersonated a physician, between 1 May 2019 and
31 August 2019, and in the event there were such incidents reported, the
date of the alleged incident, the names of the agencies the incidents were
reported to, and a description of the evidence provided to support the
allegation of the incident.
Request 5:
Unauthorised access, by a patient, to secure and restricted areas which
require employee key-card access, such as surgical theatres and pathology
laboratories, where diagnostic and biohazardous material are kept, would
be an incident which has the potential to cause harm to a patient or DHB
employee. Such an incident has the potential to be a crime, if it involved
breaking and entering or theft of an employee key-card. I request, for
each DHB, the total number of incidents involving an allegation that a
member of the public had gained unauthorised access to a surgical theatre
or pathology laboratory, between 1 May 2019 and 13 August 2019, and in the
event there were such incidents reported, the date of the alleged
incident, the names of the agencies the incidents were reported to, and a
description of the evidence provided to support the allegation of the
incident.
Request 6:
According to the MoH standards and legal precedent, patients’ medical
records are confidential and access is restricted to the purpose in which
they were obtained (for the care and treatment of the patient) and may
only be accessed with the patients consent. Please refer to HISO 10064 and
the Health Information Privacy Code 1994]. MoH standards (HISO 10029:2015
Health Information Security Framework) requires DHB’s to take steps to
protect against re-routing or interception of private (email)
communications, as the interception of private communications is a crime
under section 216B of the Crimes Act. I request, for each DHB, the total
number of incidents involving an allegation that a DHB employee had
engaged in the interception of private email communications between a
patient and a DHB employee, between 1 January 2019 and 29 May 2020, and in
the event there were such incidents reported, the dates of the incidents,
the names of the agencies the incidents were reported to, a description of
the evidence provided to support the allegation of the incident, and the
outcome of the investigation into the incidents (e.g., District or High
Court Case Number, Privacy Commissioner ruling, Ombudsman decision, Human
Rights Tribunal ruling, etc.)."
The Ministry's reference number for your request is: H202003922.
As required under the Official Information Act 1982 we will endeavour to
respond to your request no later than 29 June 2020, being 20 working days
after the day your request was received.
If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.
If you have any queries related to this request, please do not hesitate to
get in touch.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
Ministry of Health
Kia ora Ms Lovatt
Please find attached a letter regarding your request for information.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
From: Amy S Van Wey Lovatt (Account suspended)
Dear Ministry of Health,
Thank you very much for clarifying which portion of the request will be addressed by the MoH and for referring the remainder of the request to the DHBs.
I look forward to receiving the information I have requested.
Yours faithfully,
Amy S Van Wey Lovatt
From: OIA
Dear Amy Van Wey Lovatt
The Ministry of Health has transferred to us your OIA request as attached.
We will endeavour to respond to it as soon as possible and in any event
within 20 working days. If we are unable to respond to your request by
then, we will notify you of an extension of that timeframe. 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.
We operate a proactive release policy where the Ministry publishes
information on this website. As part of the policy we publish selected OIA
responses that may be of public interest. We may publish the OIA response
we send to you with your personal details redacted.
Regards, Zelda
l Zelda Rogers l Quality & Innovation Coordinator
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From: Elaine Keenan (ADHB)
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Dear Amy
Re Official Information Request – Fraud, unauthorisation incidents
I am writing to acknowledge your official information request dated 29 May
2020 to the MoH and transferred from the MoH to Auckland DHB on 12 June
2020
We will endeavour to respond to your request as soon as possible and, in
any event, no later than 10 July 2020. We will contact you if an extension
is required.
Please note that, like other DHBs across New Zealand, Auckland DHB has
adopted a model of proactive disclosure which sees OIA responses
publically available on our website approximately one month after they
have been released. If you believe that there are any special reasons why
proactive disclosure should not apply to our response to you, we will be
happy to consider this.
Regards
Elaine Keenan
Team Administrator/OIA Coordinator
Corporate Business Services
( (09) 630-9943 ext 22346 | * [email address]
Auckland District Health Board | Level 1 | Building 37 | Auckland City
Hospital | Park Road | Auckland
[1]cid:image003.png@01D1E7F0.9ED324E0
From: [email address] [mailto:[email address]] On
Behalf Of [email address]
Sent: Friday, 12 June 2020 12:58 p.m.
To: [email address]
Cc: [email address]
Subject: OIA transfer to all district health boards (Ref: H202003922)
Kia ora
The Ministry of Health (the Ministry) has received the attached OIA
request from Amy S Van Wey Lovatt.
I have been advised that parts 4, 5 and 6 of the request should be
partially transferred to all district health boards, in accordance with
section 14 of the Act.
As such, please find attached the following:
o A PDF copy of our letter notifying the requester that their request is
being partially transferred to you for response
o A PDF copy of the original OIA request
Please confirm receipt of transfer.
Nga mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [2][email address]
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References
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From: OIA Request NMDHB
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Dear Amy
Re: Official Information Act request – Impersonation of physician –
Unauthorised access to surgical theatre or laboratory – Interception of
private email
The Nelson Marlborough District Health Board acknowledges receipt of your
request for Information under the Official Information Act 1982 (“the
Act”), as a partial transfer of Points 3, 4 & 5 (of 6) from the Ministry
of Health, and received on 12 June 2020.
Your request has been forwarded to the appropriate person/service for
response within 20 working days of receipt, and if we are unable to
respond to your request by 10 July 2020 we will notify you of an extension
of that timeframe.
Consistent with the purpose of the Act, the letter notifying you of the
decision on your request will confirm if we intend to publish the
information contained in the response online, with your
personal/identifying information redacted.
We will endeavour to respond to your request as soon as reasonably
practicable.
Thank you for your request.
Nelson Marlborough District Health Board | Private Bag 18 | Nelson 7042 |
[1]www.nmdhb.govt.nz
[2]nmh icon
From: [email address] [mailto:[email address]] On
Behalf Of [email address]
Sent: Friday, 12 June 2020 12:58 PM
To: [email address]
Cc: [email address]
Subject: OIA transfer to all district health boards (Ref: H202003922)
Kia ora
The Ministry of Health (the Ministry) has received the attached OIA
request from Amy S Van Wey Lovatt.
I have been advised that parts 4, 5 and 6 of the request should be
partially transferred to all district health boards, in accordance with
section 14 of the Act.
As such, please find attached the following:
o A PDF copy of our letter notifying the requester that their request is
being partially transferred to you for response
o A PDF copy of the original OIA request
This emails serves as a formal transfer of this request under the Official
Information Act 1982.
Please note, the Ministry advised TAS on the impending partial transfer on
10 June 2020.
Apologies for not meeting the transfer date, it was necessary to consult
with health legal to decide how to answer this request.
Please confirm receipt of transfer.
Nga mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [3][email address]
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3. mailto:[email address]
From: Dinah Nicholas (CMDHB)
Dear Amy
Thank you for your Official Information Act request, received by way of
partial transfer from the Ministry of Health (3 of 6 questions).
We are working on a response for you, which will be sent as soon as
practical and within the 20 working day timeframe as per the Ombudsman's
Guidance, by 10 July 2020. We will contact you if we have any queries
with the request or need to extend the timeframe for your response. In
those cases, we will advise why the extension is necessary, and indicate
when the response will be ready.
Please note that, like all DHBs across New Zealand, Counties Manukau DHB
has begun a process of proactive disclosure, which means OIA responses
will be publicly available via our website around 10 days after they have
been released. Our response will advise if we intend to publish the
response, (with personal information removed) and related documents on the
CMDHB website. If you advise us of special reasons why proactive
disclosure should not apply to your response, we will consider this.
Kind regards
Dinah
Dinah Nicholas
Executive Assistant to Margie Apa - Chief Executive
Board Secretary
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From: Kathleen Smitheram
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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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[3]www.cdhb.health.nz
[4]www.westcoastdhb.org.nz
Values – A matou uara
Care and respect for others - Manaaki me te kotua I etahi
Integrity in all we do - Hapai i a matou mahi katoa i ruka i te pono
Responsibility for outcomes - Kaiwhakarite i ka hua
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From: Anna Monastra (WDHB)
Dear Amy
Thank you for your Official Information Act request, received as a partial
transfer from the Ministry of Health on Friday, regarding instances of
impersonation and unauthorised access.
We will provide a formal response to questions four, five and six of your
request within the 20 working days allowed under the Act.
If for any reason we are unable to meet this deadline and need to extend
the timeframe for your response, we will be in touch to advise why this
has been necessary and to indicate when your response will be ready.
Please note that Waitematā DHB supports the open disclosure of information
to assist community understanding of how we are delivering publicly-funded
healthcare. This includes the proactive publication of anonymised Official
Information Act responses on our website from 10 working days after they
have been released.
If you feel that there are good reasons why your response should not be
made publicly available, we will be happy to consider this.
Kind regards
Anna
Anna Monastra I Senior Administration Assistant
Communications I Waitematā DHB
[1]www.waitematadhb.govt.nz
[2]Legal Disclaimer
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From: OIA Request [WrDHB]
Dear Amy
Official information request.
I am writing to acknowledge receipt of your official information request
to the Ministry of Health dated 29 May 2020 regarding incident reporting
by DHBs. Your request was transferred to us on 12 June 2020.
We received your request on 12 June. We will endeavour to respond to your
request as soon as possible and in any event no later than 10 July, 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 the information requested cannot be made available without substantial
collation, under section 18(f) and section 18A(1)(a) of the Official
Information Act 1982 we may refuse the request or fix a charge under
section 15. If your request falls into this category we will inform you as
soon as possible.
If any additional factors come to light that are relevant to your request,
please do not hesitate to contact us so that these can be taken into
account.
Please note that, like all DHBs across New Zealand, Wairarapa DHB has
adopted a model of proactive disclosure which sees OIA responses publicly
available on our website no less than one week after they have been
released.
If you believe there are any special reasons why proactive disclosure
should not apply to your response, we will be happy to consider this.
Yours sincerely
Caroline van Deventer
Communications Administrator
From: OIA
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Afternoon
The Whanganui District Health Board acknowledges receipt of this OIA
transfer from Ministry of Health and will respond to you under the OIA
within 20 working days
Regards
Anne
--------------------------------------------------------------------------
Anne Phoenix | OIA Administrator | Te Pokapū Haumaru Tūroro- Ratonga
Whai Kounga | Whanganui District Health Board
p (06) 348 3459 | extn 8459 | [1]www.wdhb.org.nz
'Better health and independence'
'He hauora pai ake, he rangatiratanga'
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From: Maria Moller
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On behalf of Debbie Brown, Senior Advisor, Governance & Quality- BOPDHB
We acknowledge receipt of your OIA request partially transferred by the
Ministry of Health and will respond as soon as possible.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [1][email address] | W:
[2]www.bopdhb.govt.nz
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received this document in error, please notify the sender immediately and
destroy the message.
From: Maria Moller On Behalf Of Debbie Brown
Sent: Tuesday, 16 June 2020 1:44 PM
To: '[email address]'
Subject: OIA Transfer to all DHBs (Ref: H202003922)
On behalf of Debbie Brown, Senior Advisor Governance and Quality
Dear Emily
We confirm that we will accept the partial transfer of this OIA.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [4][email address] | W:
[5]www.bopdhb.govt.nz
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of the information is strictly prohibited and may be unlawful. If you have
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From: [email address] [mailto:[email address]] On
Behalf Of [email address]
Sent: Friday, 12 June 2020 12:58 PM
To: [email address]
Cc: [email address]
Subject: OIA transfer to all district health boards (Ref: H202003922)
Kia ora
The Ministry of Health (the Ministry) has received the attached OIA
request from Amy S Van Wey Lovatt.
I have been advised that parts 4, 5 and 6 of the request should be
partially transferred to all district health boards, in accordance with
section 14 of the Act.
As such, please find attached the following:
o A PDF copy of our letter notifying the requester that their request is
being partially transferred to you for response
o A PDF copy of the original OIA request
This emails serves as a formal transfer of this request under the Official
Information Act 1982.
Please note, the Ministry advised TAS on the impending partial transfer on
10 June 2020.
Apologies for not meeting the transfer date, it was necessary to consult
with health legal to decide how to answer this request.
Please confirm receipt of transfer.
Nga mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
Notice of Legal Status and Confidential Information: This electronic mail
message and any accompanying attachments may contain information that is
privileged and CONFIDENTIAL. If you are not the intended recipient you are
advised that any use, review, dissemination, distribution or reproduction
of the information is strictly prohibited and may be unlawful. If you have
received this document in error, please notify the sender immediately and
destroy the message.
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Ministry of Health
Kia ora Amy S Van Wey Lovatt
Please find attached a letter regarding your request for information.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
From: Catherine Stewart [CCDHB]
Dear Amy
Thank you for your request for official information, which was partially
transferred by the Ministry of Health to Capital & Coast District Health
Board (CCDHB) on 12 June 2020.
The following aspects of your request were transferred to CCDHB:
4. I request, for each DHB, the total number of incidents involving an
allegation that a member of the public had impersonated a physician,
between 1 May 2019 and 31 August 2019, and in the event there were such
incidents reported, the date of the alleged incident, the names of the
agencies the incidents were reported to, and a description of the evidence
provided to support the allegation of the incident.
5. I request, for each DHB, the total number of incidents involving an
allegation that a member of the public had gained unauthorised access to a
surgical theatre or pathology laboratory, between 1 May 2019 and 13 August
2019, and in the event there were such incidents reported, the date of the
alleged incident, the names of the agencies the incidents were reported
to, and a description of the evidence provided to support the allegation
of the incident.
6. I request, for each DHB, the total number of incidents involving an
allegation that a DHB employee had engaged in the interception of private
email communications between a patient and a DHB employee, between 1
January 2019 and 29 May 2020, and in the event there were such incidents
reported, the dates of the incidents, the names of the agencies the
incidents were reported to, a description of the evidence provided to
support the allegation of the incident, and the outcome of the
investigation into the incidents (e.g., District or High Court Case
Number, Privacy Commissioner ruling, Ombudsman decision, Human Rights
Tribunal ruling, etc.).”
Your request has been received and logged. As required under the Official
Information Act 1982, we will respond to your request within 20 working
days. You should therefore receive a response on or before 10 July 2020.
If a large amount of information has been requested or if CCDHB needs to
consult in order to make a decision, we may need to extend this date (this
is provided for in section 15A of the Act). We will advise you if such an
extension is necessary.
Our reference number for your request is: 2020/121.
Thank you
Catherine Stewart
Correspondence Officer to the Office of the Chief Executive | Capital &
Coast District Health Board | Ûpoko ki te uru hauora | [1]www.ccdhb.org.nz
| [2]www.facebook.com/CCDHB
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From: Amy S Van Wey Lovatt (Account suspended)
Dear Ministry of Health,
I was quite concerned and perplexed by the response I received from the MoH dated 16 June 2020 in regards to my OIA request for incident reporting by DHB's.
According to Right 4, clause 2, of the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996: Every consumer has the right to have services provided that comply with legal, professional, ethical, and other relevant standards.
New Zealand Medical Association has provided the Code of Ethics which outlines the professional behavior that every NZ medical practitioner is supposed to adhere to. Clause 34 of the Code of Ethics states: Doctors have a general responsibility for the safety of patients and should therefore take appropriate steps to ensure unsafe or unethical practices on the part of colleagues are curtailed and/or reported to relevant authorities without delay.
Thus, if there is a legislative requirement that medical practitioners adhere to the "ethical standards", then they must adhere to the NZMA Code of Ethics. In order to comply with the Code of Ethics, doctors must be made aware of the relevant authority in which they must, without delay, report "unsafe or unethical practices on the part of colleagues". The Ministry of Health is ultimately responsible for all DHB's and thus is ultimately responsible to ensure that all doctors working in DHB's are aware of the "relevant authorities" that they must report to, as required by statute.
Thus, again, I reiterate my request. I respectfully request a list of all of the "relevant authorities" to which physicians must report "unsafe or unethical practices", with the understanding that criminal behavior would be included under either "unsafe or unethical practices".
I also request a copy of all DHB policies in regards to reporting unsafe, harmful, criminal behavior, including the re-routing and interception of private communications, and policies on how they document such incidents and how they are to safeguard against such incidents, as the Operational Framework does indeed require every DHB to have such policies.
If you need to consult with the State Services Commissioner, or any other agency, for additional information as to the lawful requirements, standards, and best practices that DHBs, as State Services, must adhere to with regards to Integrity and Conduct, then I would be happy to provide the MoH with additional time to find the requested information.
Kindest regards,
Amy S Van Wey Lovatt
From: Anne Phoenix
Afternoon Amy
Please find attached the Whanganui District health Board response to your
OIA request
Regards
Anne
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Anne Phoenix | Administrator | Te Pokapū Haumaru Tūroro- Ratonga Whai
Kounga | Whanganui District Health Board
p (06) 348 3459 | extn 8459 | [1]www.wdhb.org.nz
'Better health and independence'
'He hauora pai ake, he rangatiratanga'
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From: Maria Moller
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On behalf of Debbie Brown, Senior Advisor Governance and Quality
Dear Amy
In response to your request partially transferred by the Ministry of
Health on 12 June 2020, we provide the following information:
Request 4: What are the total number of incidents involving an
allegation that a member of the public impersonated a physician between 1
May 2019 and 31 August 2019 = 0 reported incidents.
Request 5: What are the total number of incidents involving an
allegation that a member of the public had gained unauthorised access to a
surgical theatre between 1 May 2019 and 13 August 2019 = 0 reported
incidents. Laboratory Service is a contracted service.
Request 6: What are the total number of incidents involving an
allegation that a DHB employee engaged in interception of private email
communications between a patient and a DHB employee between 1 January 2019
and 29 May 2020 = 0 reported incidents.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [1][email address] | W:
[2]www.bopdhb.govt.nz
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From: Maria Moller
Sent: Tuesday, 16 June 2020 1:47 PM
To: '[FOI #12922 email]'
Subject: OIA Transfer to all DHBs (Ref: H202003922)
On behalf of Debbie Brown, Senior Advisor, Governance & Quality- BOPDHB
We acknowledge receipt of your OIA request partially transferred by the
Ministry of Health and will respond as soon as possible.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [4][email address] | W:
[5]www.bopdhb.govt.nz
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Notice of Legal Status and Confidential Information: This electronic mail
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received this document in error, please notify the sender immediately and
destroy the message.
From: Maria Moller On Behalf Of Debbie Brown
Sent: Tuesday, 16 June 2020 1:44 PM
To: '[email address]'
Subject: OIA Transfer to all DHBs (Ref: H202003922)
On behalf of Debbie Brown, Senior Advisor Governance and Quality
Dear Emily
We confirm that we will accept the partial transfer of this OIA.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [7][email address] | W:
[8]www.bopdhb.govt.nz
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Notice of Legal Status and Confidential Information: This electronic mail
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of the information is strictly prohibited and may be unlawful. If you have
received this document in error, please notify the sender immediately and
destroy the message.
From: [email address] [mailto:[email address]] On
Behalf Of [email address]
Sent: Friday, 12 June 2020 12:58 PM
To: [email address]
Cc: [email address]
Subject: OIA transfer to all district health boards (Ref: H202003922)
Kia ora
The Ministry of Health (the Ministry) has received the attached OIA
request from Amy S Van Wey Lovatt.
I have been advised that parts 4, 5 and 6 of the request should be
partially transferred to all district health boards, in accordance with
section 14 of the Act.
As such, please find attached the following:
o A PDF copy of our letter notifying the requester that their request is
being partially transferred to you for response
o A PDF copy of the original OIA request
This emails serves as a formal transfer of this request under the Official
Information Act 1982.
Please note, the Ministry advised TAS on the impending partial transfer on
10 June 2020.
Apologies for not meeting the transfer date, it was necessary to consult
with health legal to decide how to answer this request.
Please confirm receipt of transfer.
Nga mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
Notice of Legal Status and Confidential Information: This electronic mail
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privileged and CONFIDENTIAL. If you are not the intended recipient you are
advised that any use, review, dissemination, distribution or reproduction
of the information is strictly prohibited and may be unlawful. If you have
received this document in error, please notify the sender immediately and
destroy the message.
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From: Shan Tapsell
Hi Amy
Please see Lakes DHB’s response attached.
Cheers
Shan Tapsell
Assistant Communications Officer
Lakes District Health Board
Rotorua Hospital
Pukeroa Hill
Private Bag 3923
Rotorua Mail Centre
Rotorua 3046
Phone (07) 349 7955 extn:8491
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www.lakesdhb.govt.nz
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From: Elaine Keenan (ADHB)
Dear Amy
Attached please find ADHBs response to your OIA request dated 29 May.
Regards
Elaine Keenan
Team Administrator/OIA Coordinator
Corporate Business Services
( (09) 630-9943 ext 22346 | * [email address]
Auckland District Health Board | Level 1 | Building 37 | Auckland City
Hospital | Park Road | Auckland
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From: Kathryn Leydon (NDHB)
Dear Amy
Northland DHB’s response to your Official Information Act request
partially transferred by the Ministry of health is attached.
Regards
Kathryn Leydon
Director Governance & Compliance
Northland DHB
Tel 09 430 4100 ext 60640
[mobile number]
email [1][email address]
This electronic transmission is strictly confidential to Northland
District Health Board and intended solely for the addressee. It may
contain information that is covered by legal, professional or other
privilege. If you are not the intended addressee, or someone authorized by
the intended addressee to receive transmissions on behalf of the
addressee, you must not retain, disclose in any form, copy or take any
action in reliance of this transmission. If you have received this
transmission in error, please notify us as soon as possible and destroy
this message.
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From: Amy S Van Wey Lovatt (Account suspended)
Dear Kathryn Leydon (NDHB),
Thank you for your response. By chance did the MoH also provide you with the first three questions to my OIA request?
Yours sincerely,
Amy S Van Wey Lovatt
From: Amy S Van Wey Lovatt (Account suspended)
Dear Anne Phoenix,
Thank you very much for your expeditious response. The brevity, combined with copy/paste of questions, is an excellent example of use of time.
Yours sincerely,
Amy S Van Wey Lovatt
From: Amy S Van Wey Lovatt (Account suspended)
Dear Maria Moller,
Thank you very much for your expeditious response. I very much appreciate you providing the email trail and including your answers in the email is excellent example of judicious use of time.
Yours sincerely,
Amy S Van Wey Lovatt
From: Amy S Van Wey Lovatt (Account suspended)
Dear Shan Tapsell,
Thank you very much for your quick response.
Yours sincerely,
Amy S Van Wey Lovatt
From: Shan Tapsell
I am currently working Monday to Friday 8.30 to 5.00pm. If your query is urgent please ring cell 027 234 2793
I will reply to your e mail when I am back in the office.
Thanks
Shan Tapsell
Communications Team
Phone 07 3481199 ext 8491
Statement of confidentiality: This e-mail message and any accompanying attachments may contain information that is in confidence and subject to legal privilege. If you are not the intended recipient, do not read, use, disseminate, distribute, or copy this message or attachments. If you have received this message in error, please notify the sender immediately and delete this message. The Lakes District Health Board website is www.lakesdhb.govt.nz
From: Amy S Van Wey Lovatt (Account suspended)
Dear Ministry of Health,
As a follow up to my last response, I am perplexed and concerned that the MoH stated in the response dated 16 June 2020:
"There is no best practice for a district health board (DHB) to document any acts as described in your request. There is also no prescribed list of agencies that DHBs are required to contact to report unlawful acts."
I am concerned and perplexed that the MoH is unfamiliar with the MoH website, which states that "critical incidents" must be reported to the MoH within 24 hours. Critical incidents include "any sudden and/or unusual event which could: be life threatening for the client or others, be dangerous, with the client at risk of grave harm, have significant consequences like the client being involved in criminal activity, absconding, or requiring emergency services or hospitalization."
I am concerned and perplexed that the MoH is unfamiliar with section 31(5) of the Health and Disability Services Safety Act 2001, which states:
(5) A person certified to provide health care services of any kind must promptly give the Director-General written notice of—
(a) any incident or situation (for example, a fire, flood, or failure of equipment or facilities) that has put at risk, may have put at risk, puts at risk, or may be putting at risk the health or safety of people for whom the person was or is providing the services; and
(b) any investigation commenced by a constable into any aspect of the services, their provision, or any premises in which they were provided;
Clearly, there is at least one best practice and at least one legislative requirement, contrary to the statement by the MoH that there are none.
Furthermore, my request was for numbers of incidents which were under the category "critical incidents" as defined by the MoH and are consistent with an "incident or situation" as defined under section 31 clause 5(a) of the Health and Disability Services Safety Act 2001. Thus, I fail to understand why the MoH felt it was necessary to transfer my request to every DHB when every DHB must report these incidents to the MoH.
Pursuant to the Privacy Act, I request that your response be modified to include complete and accurate information.
Pursuant to section 23 of the OIA, I request the reasons for transferring my requests to all DHBs on 12 June 2020 when the MoH is supposed to have the requested information and for providing inaccurate and incomplete information in their response on 16 June 2020.
Yours faithfully,
Amy S Van Wey Lovatt
Ministry of Health
Kia ora Amy
The Ministry stands by its decision to transfer your request to the DHBs
for a response. This information is not held by the Ministry and we have
an obligation under the Act to transfer requests that would be better
placed with other agencies for a response.
In response to your email of 17 June 2020, where you have requested the
below:
"Thus, again, I reiterate my request. I respectfully request a list of all
of the "relevant authorities" to which physicians must report "unsafe or
unethical practices", with the understanding that criminal behavior would
be included under either "unsafe or unethical practices".
I also request a copy of all DHB policies in regards to reporting unsafe,
harmful, criminal behavior, including the re-routing and interception of
private communications, and policies on how they document such incidents
and how they are to safeguard against such incidents, as the Operational
Framework does indeed require every DHB to have such policies."
The Ministry is currently working on a response to this. You can expect a
response on or by 15 July 2020.
Ngâ mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
From: "Amy S Van Wey Lovatt"
<[FOI #12922 email]>
To: "OIA/LGOIMA requests at Ministry of Health"
<[Ministry of Health request email]>,
Date: 23/06/2020 03:21 a.m.
Subject: Re: Official Information request - Incident reporting by
DHB - standards, requirements, policies
--------------------------------------------------------------------------
Dear Ministry of Health,
As a follow up to my last response, I am perplexed and concerned that the
MoH stated in the response dated 16 June 2020:
"There is no best practice for a district health board (DHB) to document
any acts as described in your request. There is also no prescribed list of
agencies that DHBs are required to contact to report unlawful acts."
I am concerned and perplexed that the MoH is unfamiliar with the MoH
website, which states that "critical incidents" must be reported to the
MoH within 24 hours. Critical incidents include "any sudden and/or unusual
event which could: be life threatening for the client or others, be
dangerous, with the client at risk of grave harm, have significant
consequences like the client being involved in criminal activity,
absconding, or requiring emergency services or hospitalization."
I am concerned and perplexed that the MoH is unfamiliar with section 31(5)
of the Health and Disability Services Safety Act 2001, which states:
(5) A person certified to provide health care services of any kind must
promptly give the Director-General written notice of—
(a) any incident or situation (for example, a fire, flood, or failure of
equipment or facilities) that has put at risk, may have put at risk, puts
at risk, or may be putting at risk the health or safety of people for whom
the person was or is providing the services; and
(b) any investigation commenced by a constable into any aspect of the
services, their provision, or any premises in which they were provided;
Clearly, there is at least one best practice and at least one legislative
requirement, contrary to the statement by the MoH that there are none.
Furthermore, my request was for numbers of incidents which were under the
category "critical incidents" as defined by the MoH and are consistent
with an "incident or situation" as defined under section 31 clause 5(a) of
the Health and Disability Services Safety Act 2001. Thus, I fail to
understand why the MoH felt it was necessary to transfer my request to
every DHB when every DHB must report these incidents to the MoH.
Pursuant to the Privacy Act, I request that your response be modified to
include complete and accurate information.
Pursuant to section 23 of the OIA, I request the reasons for transferring
my requests to all DHBs on 12 June 2020 when the MoH is supposed to have
the requested information and for providing inaccurate and incomplete
information in their response on 16 June 2020.
Yours faithfully,
Amy S Van Wey Lovatt
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12922 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[1]https://scanmail.trustwave.com/?c=15517&...
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.
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Ministry of Health
Kia ora Amy
Please find attached a letter regarding your request for official
information.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
From: Jenny McLennan [TDHB]
Good Afternoon Amy – This is to confirm that we have received an OIA
request transfer from the Ministry of Health. The transfer relates to the
following question/request for information:
"I also request a copy of all DHB policies in regards to reporting unsafe,
harmful, criminal behavior, including the re-routing and interception of
private communications, and policies on how they document such incidents
and how they are to safeguard against such incidents, as the Operational
Framework does indeed require every DHB to have such policies."
Please note that you can expect to receive a response on or before 21 July
2020.
Regards
Jenny McLennan
Personal Assistant to
Rosemary Clements
Chief Executive
T 06 753 7781
M 027 3444 214
E [1][email address]
W [2]www.tdhb.org.nz
Taranaki District Health Board, David Street, Private Bag 2016, New
Plymouth 4342
Taranaki Together, a Healthy Community Taranaki Whanui He Rohe Oranga
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Taranaki DHB has a policy on acceptable use of email. If the content of
this
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From: Dinah Nicholas (CMDHB)
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Dear Amy
Thank you for your Official Information Act request, received today by way
of transfer from the Ministry of Health.
We are working on a response for you, which will be sent as soon as
practical and within the 20 working day timeframe as per the Ombudsman's
Guidance, by 21 July 2020. We will contact you if we have any queries
with the request or need to extend the timeframe for your response. In
those cases, we will advise why the extension is necessary, and indicate
when the response will be ready.
Please note that, like all DHBs across New Zealand, Counties Manukau DHB
has begun a process of proactive disclosure, which means OIA responses
will be publicly available via our website around 10 days after they have
been released. Our response will advise if we intend to publish the
response, (with personal information removed) and related documents on the
CMDHB website. If you advise us of special reasons why proactive
disclosure should not apply to your response, we will consider this.
Kind regards
Dinah
Dinah Nicholas
Executive Assistant to Margie Apa - Chief Executive
Board Secretary
show quoted sections
From: OIA
The Whanganui District Health Board acknowledges the partial transfer from
Ministry of Health of your request for information and will respond within
20 working days.
Regards
Anne
--------------------------------------------------------------------------
Anne Phoenix | OIA Administrator | Te Pokapū Haumaru Tūroro- Ratonga
Whai Kounga | Whanganui District Health Board
p (06) 348 3459 | extn 8459 | [1]www.wdhb.org.nz
'Better health and independence'
'He hauora pai ake, he rangatiratanga'
show quoted sections
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From: OIA
Dear Amy Van Wey Lovatt
The Ministry of Health has transferred to us your OIA request as attached.
We will endeavour to respond to it as soon as possible and in any event
within 20 working days. If we are unable to respond to your request by
then, we will notify you of an extension of that timeframe. 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.
We operate a proactive release policy where the Ministry publishes
information on this website. As part of the policy we publish selected OIA
responses that may be of public interest. We may publish the OIA response
we send to you with your personal details redacted.
Regards, Zelda
Zelda Rogers | Quality & Innovation Coordinator
show quoted sections
From: Anna Monastra (WDHB)
Dear Amy
Thank you for your Official Information Act request, received as a partial
transfer from the Ministry of Health yesterday.
We will provide a formal response to your request as detailed below within
the 20 working days allowed under the Act.
I also request a copy of all DHB policies in regards to reporting unsafe,
harmful, criminal behaviour, including the re-routing and interception of
private communications, and policies on how they document such incidents
and how they are to safeguard against such incidents, as the Operational
Framework does indeed require every DHB to have such policies.
If for any reason we are unable to meet this deadline and need to extend
the timeframe for your response, we will be in touch to advise why this
has been necessary and to indicate when your response will be ready.
Please note that Waitematā DHB supports the open disclosure of information
to assist community understanding of how we are delivering publicly-funded
healthcare. This includes the proactive publication of anonymised Official
Information Act responses on our website from 10 working days after they
have been released.
If you feel that there are good reasons why your response should not be
made publicly available, we will be happy to consider this.
Kind regards
Anna
Anna Monastra I Senior Administration Assistant
Communications I Waitematā DHB
[1]www.waitematadhb.govt.nz
[2]Legal Disclaimer
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From: Judith Lepper
Good morning Ms Van Wey Lovatt
On behalf of Robin Whyman, Chief Medical and Dental Officer at Hawke’s Bay
District Health Board, please find attached letter of response to your OIA
requests.
Sincerely
Jude
Jude Lepper
Executive Assistant for the
Chief Nurse and Midwifery Officer and Chief Medical and Dental Officer
Hawke's Bay District Health Board Private Bag 9014, Hastings 4156
T: +64 6 878 8109 ext 4533 DDI +64 6 878 1653 M: +64 27 512 2922 W:
[1]www.hawkesbay.health.nz [2]www.ourhealthhb.nz
He kauanuanu - Respect
Âkina - Improvement
Raranga te tira - Partnership
Tauwhiro - Care
show quoted sections
From: Judith Lepper
Judith Lepper would like to recall the message, "Official Information Act (1982) Request HBDHB Ref:IAS2020081".
show quoted sections
From: Faye Tiffin
Ngā mihi
Faye Tiffin
Support Coordinator | Planning and Funding
Canterbury District Health Board
( DDI: 364 4192, or extension 62192
( 021 194 6908
* email: [1][email address]
32 Oxford Terrace, Planning & Funding, PO Box 1600, Christchurch 8140
show quoted sections
From: Kathryn Leydon (NDHB)
Dear Amy
Northland DHB received a full copy of your OIA request to the Ministry of Health as part of the transfer process.
Regards
Kathryn Leydon
show quoted sections
From: OIA Request NMDHB
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Dear Amy
Re: Official Information Act request – A copy of all DHB policies in
regards to reporting unsafe, harmful, criminal behavior, including the
re-routing and interception of private communications, and policies on how
they document such incidents and how they are to safeguard against such
incidents
The Nelson Marlborough District Health Board acknowledges receipt of your
request for Information under the Official Information Act 1982 (“the
Act”), as transferred from the Ministry of Health and received on 23 June
2020.
Your request has been forwarded to the appropriate person/service for
response within 20 working days of receipt, and if we are unable to
respond to your request by 21 July 2020 we will notify you of an extension
of that timeframe.
Consistent with the purpose of the Act, the letter notifying you of the
decision on your request will confirm if we intend to publish the
information contained in the response online, with your
personal/identifying information redacted.
We will endeavour to respond to your request as soon as reasonably
practicable.
Thank you for your request.
Nelson Marlborough District Health Board | Private Bag 18 | Nelson 7040 |
[1]www.nmdhb.govt.nz
[2]nmh icon
From: On Behalf Of [email address]
Sent: Tuesday, 23 June 2020 2:46 PM
To: Cc: [email address]
Subject: OIA partial transfer to all DHBs - (Ref: H202004432)
Kia ora all
The Ministry of Health has received the attached OIA request from Amy S
Van Wey Lovatt.
I have been advised that the second part of the request (pasted below)
should be transferred to all DHBs, in accordance with section 14 of the
Act.
"I also request a copy of all DHB policies in regards to reporting unsafe,
harmful, criminal behavior, including the re-routing and interception of
private communications, and policies on how they document such incidents
and how they are to safeguard against such incidents, as the Operational
Framework does indeed require every DHB to have such policies."
As such, please find attached the following:
o A PDF copy of our letter notifying the requester that their request is
being transferred to you for response
o A PDF copy of the original OIA request
This emails serves as a formal transfer of this request under the Official
Information Act 1982.
Nga mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [3][email address]
show quoted sections
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From: Maria Moller
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On behalf of Debbie Brown, Senior Advisor Governance and Quality
Dear Amy
We refer to your request of 17 June 2020 partially transferred to us by
the Ministry of Health. As previously advised, the BOPDHB policies and
protocols are publicly available here [1]Policies/Protocols.
Kind regards.
Maria Moller
PA to Senior Advisor Governance & Quality
Governance & Quality / CEO Office
Bay of Plenty District Health Board| Tauranga Hospital | Cameron Road |
Private Bag 12024 | Tauranga 3143
T: 07 579 8545 | E: [2][email address] | W:
[3]www.bopdhb.govt.nz
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From: Emily Oakley
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Kia ora Amy
Please find attached, a response to your OIA request re: Incidents of
impersonation, and unauthorised access to theatres and laboratories.
Ngā mihi
Emily
Emily Oakley
Communications Advisor
Phone: 06 869 0500 ext: 8115
[mobile number]
Address: 421 Ormond Road,
Gisborne, 4010
[1]www.hauoratairawhiti.org.nz
[2]Facebook.com/Hauora
Tairawhiti
show quoted sections
From: Dinah Nicholas (CMDHB)
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Dear Amy
Please find attached our final response to your request for Information.
Kind regards,
Dinah
Dinah Nicholas
Executive Assistant to Margie Apa - Chief Executive
Board Secretary
show quoted sections
From: Catherine Stewart [CCDHB]
Dear Amy
Thank you for your request for official information, which was partially
transferred from the Ministry of Health to Capital & Coast District Health
Board (CCDHB) on 23 June 2020.
The aspect of your request which was transferred is as follows:
"I also request a copy of all DHB policies in regards to reporting unsafe,
harmful, criminal behavior, including the re-routing and interception of
private communications, and policies on how they document such incidents
and how they are to safeguard against such incidents, as the Operational
Framework does indeed require every DHB to have such policies."
Your request has been received and logged. As required under the Official
Information Act 1982, we will respond to your request within 20 working
days. You should therefore receive a response on or before 21 July 2020.
If a large amount of information has been requested or if CCDHB needs to
consult in order to make a decision, we may need to extend this date (this
is provided for in section 15A of the Act). We will advise you if such an
extension is necessary.
Our reference number for your request is: 2020/131.
Thank you
Catherine Stewart
Correspondence Officer to the Office of the Chief Executive | Capital &
Coast District Health Board | Ūpoko ki te uru hauora | [1]www.ccdhb.org.nz
| [2]www.facebook.com/CCDHB
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From: OIA Request [WrDHB]
Dear Amy
I am writing to acknowledge receipt of your official information request
dated regarding policies regarding unsafe behaviour. Your OIA request was
transferred to us from the Ministry of Health.
We received your request on 23 June 2020. We will endeavour to respond to
your request as soon as possible and in any event no later than 21 July
2020, 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 the information requested cannot be made available without substantial
collation, under section 18(f) and section 18A(1)(a) of the Official
Information Act 1982 we may refuse the request or fix a charge under
section 15. If your request falls into this category we will inform you as
soon as possible.
Please note that, like all DHBs across New Zealand, Wairarapa DHB has
adopted a model of proactive disclosure which sees OIA responses publicly
available on our website no less than one week after they have been
released.
If you believe there are any special reasons why proactive disclosure
should not apply to your response, we will be happy to consider this.
Yours sincerely
Caroline van Deventer
OIA Coordinator
Caroline van Deventer | Communications Administrator
Wairarapa DHB
…………………………………………………………………………
Phone +64 (06) 9469 800 x 5840
[1][email address]
[2]www.wairarapa.dhb.org.nz
Please consider the environment before printing this email and / or any
related attachments
The information contained in this email and any attachments is
confidential and may be legally privileged. If you have received this
message in error, please notify the sender immediately and remove all
copies of the message, including any attachments. Any views or opinions
expressed in this email (unless otherwise stated) may not represent those
of Wairarapa DHB. Thank you.
References
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From: Chris Lord
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Dear Amy
Attached please find a response to your Official Information Act Request
re security policy.
Âku mihi nui ki a koe.
Nâku, nâ
Chris
Chris Lord
Content and Publications Advisor, Communications Team
Phone: 06 878 8109 ext 4658
[mobile number]
[1][IMG]
Please note my usual hours of work are: Monday, Tuesday 8:00am – 12 noon;
Wednesday, Thursday, Friday 8:00am – 4:30pm
Hawke's Bay District Health Board
W: [2]www.hawkesbay.health.nz [3]www.ourhealthhb.nz
show quoted sections
From: Amy S Van Wey Lovatt (Account suspended)
Dear Chris Lord,
Thank you very much for your response. I am pleased to hear that no such incidents have occurred.
Yours sincerely,
Amy S Van Wey Lovatt
From: Anna Monastra (WDHB)
Hi Amy,
Please see the attached Waitematā DHB response to your recent Official
Information Act request.
Regards
Anna
Anna Monastra I Senior Administration Assistant
Communications I Waitematā DHB
Level 2, 15 Shea Terrace, Private Bag 93-503, North Shore 0740
[1]www.waitematadhb.govt.nz
[2]Legal Disclaimer
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2. http://www.waitematadhb.govt.nz/Disclaim...
Ministry of Health
Kia ora Amy
As per the Ministry's previous emails to you, the Ministry has obligations
under the Act to transfer a request in accordance with section 14 of the
Act when it is more connected with the functions of another agency, who is
subject to the Act.
In this instance, your request was transferred to all district health
boards (DHBs) as the information requested is more aligned with the
functions of the DHBs. The Ministry stands by its decision to transfer
parts 4 to 6 of your request to the DHBs.
If you are unsatisfied with the Ministry's response, you may wish to
approach the Ombudsman.
This request is now deemed closed.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
From: "amy van wey" <[email address]>
To: [email address]
Date: 01/07/2020 10:25 am
Subject: Urgent Request _ OIA Request OverDue
show quoted sections
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From: Kathleen Smitheram
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Dear Ms Van Wey Lovatt
Please find attached our response to your Official Information Act request
CDHB 10331.
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];
[1]cid:image006.jpg@01CF6ACE.1745A080
[2]WCDHB-Logo-blue-text-588x226
[3]www.cdhb.health.nz
[4]www.westcoastdhb.org.nz
Values – A matou uara
Care and respect for others - Manaaki me te kotua I etahi
Integrity in all we do - Hapai i a matou mahi katoa i ruka i te pono
Responsibility for outcomes - Kaiwhakarite i ka hua
show quoted sections
From: Kathleen Smitheram
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Dear Ms Van Wey Lovatt,
Please find attached our response to your Official Information Act request
WCDHB 9436.
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];
[1]cid:image006.jpg@01CF6ACE.1745A080
[2]WCDHB-Logo-blue-text-588x226
[3]www.cdhb.health.nz
[4]www.westcoastdhb.org.nz
Values – A matou uara
Care and respect for others - Manaaki me te kotua I etahi
Integrity in all we do - Hapai i a matou mahi katoa i ruka i te pono
Responsibility for outcomes - Kaiwhakarite i ka hua
show quoted sections
From: Amy S Van Wey Lovatt (Account suspended)
Dear Kathleen Smitheram,
I am quite confused by your response, that you have denied my request under section section 18(g) of the OIA. Did you mean that no such incidents have occurred within your DHB or did you really mean that the DHB does not hold the information? Would you please clarify.
Yours sincerely,
Amy S Van Wey Lovatt
From: OIA Request [WrDHB]
Hi
Please find attached the signed response to your OIA request.
Many thanks
Caroline van Deventer
OIA coordinator
From: Shan Tapsell
2020 07 03 A Van Wey Lovatt reporting unsafe practices.pdf
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38728 Performance Management and Disciplinary Policy.doc
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38730 Disclosure Of A Serious Wrongdoing Procedure.doc
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39539 Incident Management Procedure Incorporating Datix System.doc
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209370 Sensitive Expenditure Policy.doc
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583430 Freedom from Discrimination Policy.doc
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1176849 Acceptable Use of Lakes District Health Board Computer and Telecommunications Systems Policy.doc
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2003630 PPA Policy draft July 2020.docx
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Hi
Please see attached
Cheers
Shan Tapsell
Assistant Communications Officer
Lakes District Health Board
Rotorua Hospital
Pukeroa Hill
Private Bag 3923
Rotorua Mail Centre
Rotorua 3046
Phone (07) 349 7955 extn:8491
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is in confidence and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute, or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message. The Lakes District Health Board website is
www.lakesdhb.govt.nz
This email has been scrubbed for your protection by SMX. For more
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From: OIA Request NMDHB
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Dear Amy
Please find attached the Nelson Marlborough DHB response to your Official
Information request regarding policies reporting unsafe behaviour
including one policy attachent (Part 1 of 3)
Nelson Marlborough District Health Board | Private Bag 18 | Nelson 7040 |
[1]www.nmdhb.govt.nz
[2]nmh icon
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Dear Amy
Please find attached the Nelson Marlborough DHB response to your Official
Information request regarding policies reporting unsafe behaviour – two
policy attachents (Parts 2 & 3 of 3)
Nelson Marlborough District Health Board | Private Bag 18 | Nelson 7040 |
[1]www.nmdhb.govt.nz
[2]nmh icon
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From: Emily Oakley
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RESPONSE 12966 DHB policies regarding unsafe harmful and criminal behaviour.pdf
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Kia ora Amy
Please find attached, a response to your OIA request regarding the
reporting of harmful, unsafe and criminal behaviour at Hauora Tairâwhiti.
As stated in the response, please also find attached a copy of Hauora
Tairâwhiti’s Code of Behaviour.
Ngâ mihi
Emily
Emily Oakley
Communications Advisor
Phone: 06 869 0500 ext: 8115
[mobile number]
Address: 421 Ormond Road,
Gisborne, 4010
[1]www.hauoratairawhiti.org.nz
[2]Facebook.com/Hauora
Tairawhiti
show quoted sections
From: Robyn Fitzgerald [CCDHB]
Dear Amy
Please find attached a response to your OIA of 29 May 2020 that was
partially transferred to Capital & Coast District Health Board on 12 June
2020.
I trust this information fulfils your request.
You have the right, under section 28 of the OIA, to seek a review or to
ask the Ombudsman to review the information that has been provided to you.
Kind regards
Robyn Fitzgerald
Robyn Fitzgerald | Correspondence Officer | Hutt Valley District Health
Board | Pilmuir House | Lower Hutt
DDI: 04 570 9488 | [1][email address]
References
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From: Robyn Fitzgerald [CCDHB]
Dear Amy
Please find the response to your OIA request that was partially
transferred to us by the Ministry of Health on 12 June 2020.
Thank you for your enquiry. We trust our response meets your requirements.
You have the right, under section 28 of the OIA, to seek a review by the
Ombudsman of this response.
Kind regards
Robyn Fitzgerald
Robyn Fitzgerald | Correspondence Officer | Hutt Valley District Health
Board | Pilmuir House | Lower Hutt
DDI: 04 570 9488 | [1][email address]
References
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Ministry of Health
Kia ora Amy
Please find attached a letter regarding your request for official
information.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]
show quoted sections
From: Jennifer Free
Dear Amy
Please see attached response.
Kind Regards,
Jennifer Free l Executive Assistant to
Judith Catherwood l General Manager, Quality & Innovation
MidCentral District Health Board, PO Box 2056, Palmerston North, 4440
Ph (06) 350 8030 (DDI) Cell 027 237 3536
Email [1][email address] l Web
[2]www.midcentraldhb.govt.nz
[3]Description: cid:image001.png@01D39C18.4D6B4460
“Quality Living - Healthy Lives - Well Communities”
“Kia pai te noho - Kia ora te tangata - Kia ora te hapori”
show quoted sections
From: Jenny McLennan [TDHB]
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Good Morning Amy
Please find attached the response from Taranaki DHB to your OIA request
that was transferred to us from the Ministry of Health. In accordance
with the transfer we have responded to questions 4,5 and 6 of your
request.
Regards
Jenny McLennan
Personal Assistant to
Rosemary Clements
Chief Executive
T 06 753 7781
M 027 3444 214
E [1][email address]
W [2]www.tdhb.org.nz
Taranaki District Health Board, David Street, Private Bag 2016, New
Plymouth 4342
Taranaki Together, a Healthy Community Taranaki Whanui He Rohe Oranga
[3]Te%20Ahu%20Taranaki%20DHB%20Values%20Email%20Signature
Taranaki DHB has a policy on acceptable use of email. If the content of
this
message is inappropriate or breaches your organisation's policy, please
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From: Amy S Van Wey Lovatt (Account suspended)
Dear Robyn Fitzgerald [CCDHB],
I was very confused by your response to my OIA request which was transferred to you by the Ministry of Health.
You denied my request on the grounds that the information does not exist and the two DHB's you responded for did not hold the information. I find this confusing.
Does the information not exist because there have been no incidents?
Does the information not exist because the DHB's do not maintain the records, as required under section 27 of the Public Records Act 2005?
Does the information exist, but it is being held by another agency?
In the even that the information does exist, but it is held by another agency, then I respectfully request the name of the agency which holds the information (NZ Police, MoH, etc.), as all of these are incidents which must be reported to the Director-General, pursuant to section 31 of the Health and Disability Services (Safety) Act 2001.
I ask that you please clarify for the different DHB's in which you have submitted a response.
Thank you very much for taking the time to clarify your response. I look forward to receiving the policies which inform your decision making regarding the reporting and documenting of such incidents, which the MoH had transferred to your DHBs.
Kindest regards,
Amy
From: Robyn Fitzgerald [CCDHB]
I work Mon-Thursday. Keep safe, wash your hands thoroughly and care for
each other.
From: OIA Request NMDHB
Dear Amy
Please find attached the Nelson Marlborough DHB response to your Official
Information request regarding Incidents – impersonating a physician,
unauthorised access, and interception of private email communication.
Nelson Marlborough District Health Board | Private Bag 18 | Nelson 7040 |
[1]www.nmdhb.govt.nz
[2]nmh icon
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From: Robyn Fitzgerald [CCDHB]
Dear Amy S Van Wey Lovatt
As stated in our responses: Both CCDHB and HVDHB do not have a record of any incidences relating to the above questions during the dates stipulated, i.e. the information requested does not exist.
Kind regards
Robyn Fitzgerald | Correspondence Officer | Hutt Valley District Health Board | Pilmuir House | Lower Hutt DDI: 04 570 9488 | [email address]
show quoted sections
From: Elaine Keenan (ADHB)
Dear Amy
Attached please find ADHBs response to your OIA request dated 17 June
2020.
Regards
Elaine Keenan
Team Administrator/OIA Coordinator
Corporate Business Services
( (09) 630-9943 ext 22346 | * [email address]
Auckland District Health Board | Level 1 | Building 37 | Auckland City
Hospital | Park Road | Auckland
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From: Anna Monastra (WDHB)
Hi Amy,
Please see the attached Waitematā DHB response to your recent Official
Information Act request regarding the reporting of unsafe or criminal
behaviour.
Regards
Anna
Anna Monastra I Senior Administration Assistant
Communications I Waitematā DHB
[1]www.waitematadhb.govt.nz
[2]Legal Disclaimer
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From: Kathleen Smitheram
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Dear Ms Van Wey Lovatt
Please find attached our response to your Official Information Act request
CDHB 10340 & WCDHB 9440.
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];
[1]cid:image006.jpg@01CF6ACE.1745A080
[2]WCDHB-Logo-blue-text-588x226
[3]www.cdhb.health.nz
[4]www.westcoastdhb.org.nz
Values – A matou uara
Care and respect for others - Manaaki me te kotua I etahi
Integrity in all we do - Hapai i a matou mahi katoa i ruka i te pono
Responsibility for outcomes - Kaiwhakarite i ka hua
show quoted sections
From: OIA Request [WrDHB]
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Hi
Please find attached the signed response to your OIA request.
Many thanks
Caroline van Deventer
OIA Coordinator
From: OIA
Morning
Please find attached the OIA response from Whanganui District Health Board
Regards
Anne
--------------------------------------------------------------------------
Anne Phoenix | OIA Administrator | Te Pokapū Haumaru Tūroro- Ratonga
Whai Kounga | Whanganui District Health Board
p (06) 348 3459 | extn 8459 | [1]www.wdhb.org.nz
'Better health and independence'
'He hauora pai ake, he rangatiratanga'
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From: Dinah Nicholas (CMDHB)
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Dear Amy
Please find attached our final response to your request for Information.
Dinah Nicholas
Executive Assistant to Margie Apa - Chief Executive
Board Secretary
show quoted sections
From: Jenny McLennan [TDHB]
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Good Morning Amy – In response to your recent OIA please find attached the
response from Taranaki DHB.
Regards
Jenny McLennan
Personal Assistant to
Rosemary Clements
Chief Executive
T 06 753 7781
M 027 3444 214
E [1][email address]
W [2]www.tdhb.org.nz
Taranaki District Health Board, David Street, Private Bag 2016, New
Plymouth 4342
Taranaki Together, a Healthy Community Taranaki Whanui He Rohe Oranga
[3]Te%20Ahu%20Taranaki%20DHB%20Values%20Email%20Signature
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this
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From: Robyn Fitzgerald [CCDHB]
H20 21 82 Response Appendix 1 Code of Conduct Policy 3DHBs.pdf
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Dear Amy
Please find attached a response to your OIA request received by the
Ministry of Health on 17 June 2020 and partially transferred to Hutt
Valley District Health Board on 23 June 2020 (part 2).
I trust this information fulfils your request.
You have the right, under section 28 of the OIA, to seek a review by the
Ombudsman of this response.
Kind regards
Robyn Fitzgerald
Robyn Fitzgerald | Correspondence Officer | Hutt Valley District Health
Board | Pilmuir House | Lower Hutt
DDI: 04 570 9488 | [1][email address]
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From: Robyn Fitzgerald [CCDHB]
Dear Amy
Please find attached a response to your request to Hutt Valley and Capital
& Coast District Health Boards on 30 May 2020.
I trust this information fulfils your request.
You have the right, under section 28 of the OIA, to seek an investigation
and review by the Ombudsman of this decision. Information about how to
make a complaint is available at [1]www.ombudsman.parliament.nz or you can
free phone 0800 802 602.
Kind regards
Robyn Fitzgerald
Robyn Fitzgerald | Correspondence Officer | Hutt Valley District Health
Board | Pilmuir House | Lower Hutt
DDI: 04 570 9488 | [2][email address]
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From: Catherine Stewart [CCDHB]
2020 131 Response.pdf
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2020 131 Appendix 1 of 7 CCDHB Adverse Event and Incident Management Policy.pdf
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Dear Amy
Please find attached Capital & Coast District Health Board’s response to
your Official Information Act request received on 23 June 2020.
You have the right to seek an investigation and review by the Ombudsman.
Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or free phone 0800 802 602.
Thank you
Catherine Stewart
Correspondence Officer to the Office of the Chief Executive | Capital &
Coast District Health Board | Ûpoko ki te uru hauora | [2]www.ccdhb.org.nz
| [3]www.facebook.com/CCDHB
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From: Kathryn Leydon (NDHB)
Dear Amy
Northland DHB’s response to your recent Official Information Act request
is attached.
Regards
Kathryn Leydon
Director Governance & Compliance
Northland DHB
Tel 09 430 4100 ext 60640
[mobile number]
email [1][email address]
This electronic transmission is strictly confidential to Northland
District Health Board and intended solely for the addressee. It may
contain information that is covered by legal, professional or other
privilege. If you are not the intended addressee, or someone authorized by
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From: Kathy Shanaghan
Event Management Guideline OPM123 Apr 19.pdf
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Dear Ms Van Wey Lovatt
Please find attached a response to your Official Information Act request.
Regards
Kathy Shanaghan | Executive Assistant to CEO
Hawke’s Bay District Health Board
Private Bag 9014, Hastings 4156
T: ++64 6 878 1690 ddi | Internal Ext: 4601| F: ++ 64 6 878 1648 | M: 0278
376232
W: [1]www.hawkesbay.health.nz
Tauwhiro Râranga te tira He kauanuanu Âkina
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Amy S Van Wey Lovatt (Account suspended) left an annotation ()
I made a complaint to the Ombudsman given the MoH (1) did not provide the information I requested and did not give a valid reason for refusing the request, (2) provided me with in accurate information, and (3) did not provide assistance before referring my request to another agency.
The initial response from the Ombudsman is worrying, as they provided inaccurate information stating at the MoH mandated Critical Incident Reporting Form did not cover incidents which included criminal acts or harmful acts. This is clearly false. Clearly, whomever is handling my complaint cannot be bothered to check facts or review the submitted evidence. This lack of professional conduct has been consistent with all of my experiences with the Office of the Ombudsman to date.
You may read the initial response from the Ombudsman here: https://drive.google.com/file/d/1yCsx3Bi...
You may read my response here: https://drive.google.com/file/d/1MDtASj5...
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