ACC review and appeal services
M.R.M. made this Official Information request to Carmel Sepuloni
The request was partially successful.
From: M.R.M.
Dear Carmel Sepuloni,
As the Minister for ACC, I am requesting that you provide me with copies of the following information under the Official Information Act:-
1. The contract / agreement, and/or any other document/s, that provides for government funding of the review and appeal services as legally required to be rendered under Part 5 of the Accident Compensation Act 2001, and in this instance by Fairway Resolution Limited.
*** Note that this is not an information request that your office can escape complying with by claiming in response that Fairway Resolution Limited must provide me with the requested information, and that you have therefore transferred it to them. Notwithstanding that it is public knowledge that Fairway Resolution Limited is no longer legally required to comply with the Official Information Act, the contract / agreement, and/or any other document/s, has two parties to it and I am specifically directing this request to your office because not only would the contract / agreement, and/or any other document/s have been instigated and produced by your office, but, your office - as the primary partner - is subject to the provisions of the Official Information Act and therefore legally required to provide me with the requested information.
2. An example of the template document that the ACC - again, not Fairway Resolution Limited - is legally required (under Section 136 of the Accident Compensation Act 2001) to provide to claimants who have submitted a review application, and, which must a) acknowledge when the review application was received by the ACC, and b) contain an explanation of the effect of Sections 146 and 147 of the Accident Compensation Act 2001.
3. Despite Fairway Resolution Limited now purportedly being a "private company", and given the fact that this change of ownership was done to try and strengthen the appearance of Fairway Resolution Limited and its reviewers being "independent" of the ACC, Section 137 of the Accident Compensation Act 2001 still requires the "Corporation to engage and allocate reviewers."
Since the word "engage" has a number of definitions and with some of them running counter to the purported "independence" of Fairway Resolution Limited from the ACC, the contract / agreement, and/or any other document/s, that provides for the legal requirement that "the Corporation must engage as many persons as it considers necessary to be reviewers under this Part", and that "the Corporation must arrange for the allocation of a reviewer to the review."
If you are not clear on any aspect of my information request please ask me to clarify same.
Yours faithfully,
M.R.M.
From: Denise Traill
Tēnā koe
Thank you for your email dated 19^th of September 2020 addressed to the
Hon Carmel Sepuloni, Minister for ACC. Thank you for writing.
Your correspondence has been transferred to the Office of Hon Willie
Jackson, Associate Minister for ACC whose delegation includes ACC
individual client issues. This is acknowledgement in receipt of your
official request for information outlined below and pursuant to section 12
of the Official Information Act 1982 (the Act).
The information to which your request relates to is not held by the Office
of the Associate Minister for ACC but is believed to be held by ACC. In
these circumstances, we are required by section 14 (a) (b) (1) of the Act
to transfer your request, in this instance to ACC.
You will hear further from ACC concerning your request.
Ngā mihi
Nāku noa, nā
Denise Traill
Private Secretary, ACC | Office of Hon Willie Jackson
Minister of Employment | Associate Minister for Māori Development |
Associate Minister for ACC
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
show quoted sections
From: Government Services
Kia ora M.R.M.,
Thank you for your email which was transferred to us from the Minister for
ACC on 21 September 2020.
Due to the nature of your request, ACC’s OIA Services team is responding
to it under the Official Information Act 1982 and we hope to respond your
request as soon as possible.
If we are unable to respond to your request within 20 working days, we
will notify you of an extension. If you have any questions, we are happy
to work with you to resolve them.
We can be contacted via email at [1][email address].
Ngâ mihi
Sasha Wood, Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
1. file:///tmp/GovernmentServices%40acc.co.nz
From: Government Services
Kia ora M.R.M.
Please find attached our extension to your official information request
dated 21 September 2020. If you have any questions about the extension you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
Ngâ mihi
Sasha Wood, Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
From: Government Services
ACC8041.pdf
542K
Download
View as HTML
Blank Letter of Engagement.pdf
229K
Download
View as HTML
REV18 Acknowledge review application Blank.pdf
152K
Download
View as HTML
GOV 006958 Response.pdf
419K
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View as HTML
Kia ora M.R.M.
Please find attached our response to your official information request
dated 21 September 2020. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us
a call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
This is email 1 of 3.
Ngâ mihi
Sasha Wood, Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
From: Government Services
Kia ora
This is email 2 of 3
Ngâ mihi
Sasha Wood, Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
From: Government Services
Kia ora
This is email 3 of 3
Ngâ mihi
Sasha Wood, Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
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