Communications between HDC and the CEO of NZ Health Group
NZ Health Justice made this Official Information request to Health and Disability Commissioner
The request was successful.
From: NZ Health Justice
Dear Health and Disability Commissioner,
We request the following information:
Emails and text messages between Deputy Commissioner Rose Wall and Josephine Gagan, CEO of NZ Health Group/HealthCare NZ Limited since September 2020.
For the avoidance of doubt, we refer to Ombudsman Case 439322 (2017) and request that your search include both private email accounts and personal devices.
Please also provide a record of meetings and phone conversations between Ms Wall and Ms Gagan since September 2020. Again, we refer to the Ombudsman's decision in Case 43932.
We further request that you disclose whether or not Ms Wall has declared any conflicts of interest regarding Ms Gagan.
Yours faithfully,
NZ Health Justice
From: Megan McGhie
Health and Disability Commissioner
Kia ora
Thank you for your request for emails and text messages between Rose Wall
and Josephine Gagan.
Your request for information will be processed in accordance with the
Official Information Act, and you will receive a response in accordance
with the time frames set out in that legislation.
Nāku iti noa, nā
Megan McGhie [1](she/her)| Complaints Assessor
Office of the Health and Disability Commissioner
Level 10, Tower Centre, 45 Queen Street|PO Box 1791|Auckland 1010|
[2]http://www.hdc.org.nz
P Please consider the environment before printing this email.
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References
Visible links
1. https://www.publicservice.govt.nz/our-wo...
2. http://www.hdc.org.nz/
From: Craig Goodwillie
Health and Disability Commissioner
Dear NZ Health Justice,
Thank you for your request.
In order to determine whether you meet one of the requirements for making
an request for official information, can you please provide evidence that
you are:
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
show quoted sections
From: NZ Health Justice
Dear Craig,
We find your email hard to reconcile with the fact that HDC did not question our eligibility when responding to a previous FYI request on June 25th. The Ombudsman has made it clear that agencies should only query eligibility if there is a genuine need to do so.
In this case, we are concerned the eligibility requirement is being imposed as a barrier to protect sensitive information. The fact that our request has been sent from a New Zealand domain with a New Zealand IP address should be sufficient evidence that the request was made by “a person in New Zealand” for the purposes of section 21.
Yours sincerely,
NZ Health Justice
From: Craig Goodwillie
Health and Disability Commissioner
Dear NZ Health Justice,
Thank you for your response.
It is not a matter of seeking to exclude you; the OIA has eligibility
requirements, and we do not consider the evidence you have provided meets
the requirements.
Hence, according to the OIA, section 12(1), please provide evidence that
you are:
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: NZ Health Justice
<[FOI #16115 email]>
To: Craig Goodwillie <[email address]>
Date: 03/08/2021 10:17 p.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear Craig,
We find your email hard to reconcile with the fact that HDC did not
question our eligibility when responding to a previous FYI request on June
25th. The Ombudsman has made it clear that agencies should only query
eligibility if there is a genuine need to do so.
In this case, we are concerned the eligibility requirement is being
imposed as a barrier to protect sensitive information. The fact that our
request has been sent from a New Zealand domain with a New Zealand IP
address should be sufficient evidence that the request was made by “a
person in New Zealand” for the purposes of section 21.
Yours sincerely,
NZ Health Justice
show quoted sections
From: NZ Health Justice
Dear Craig,
Thanks for clarifying. To resolve this issue can you please explain why HDC did not ask for evidence of eligibility in our previous OIA request (E20HDC01161) but does so now? Please also specify what kind of evidence you would consider acceptable.
Yours sincerely,
NZ Health Justice
From: Craig Goodwillie
Health and Disability Commissioner
Dear NZ Health Justice,
Thank you for your email.
The enquiry number you have provided is not an enquiry that was made
through the FYI request forum or by NZ Health Justice.
For your information we are entitled to request that you satisfy the
requirements of a requester under the OIA.
Hence, according to the OIA, section 12(1), please provide evidence that
you are:
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: NZ Health Justice
<[FOI #16115 email]>
To: Craig Goodwillie <[email address]>
Date: 04/08/2021 03:24 p.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear Craig,
Thanks for clarifying. To resolve this issue can you please explain why
HDC did not ask for evidence of eligibility in our previous OIA request
(E20HDC01161) but does so now? Please also specify what kind of evidence
you would consider acceptable.
Yours sincerely,
NZ Health Justice
show quoted sections
From: Craig Goodwillie
Health and Disability Commissioner
Dear NZ Health Justice,
Can you please confirm you meet the requirements of a requester. If we do
not receive a response by the close of business today we will conclude you
do not meet the requirements and close the request.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: Craig Goodwillie/HDC/NZ
To: NZ Health Justice
<[FOI #16115 email]>
Date: 06/08/2021 01:26 p.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear NZ Health Justice,
Thank you for your email.
The enquiry number you have provided is not an enquiry that was made
through the FYI request forum or by NZ Health Justice.
For your information we are entitled to request that you satisfy the
requirements of a requester under the OIA.
Hence, according to the OIA, section 12(1), please provide evidence that
you are:
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: NZ Health Justice
<[FOI #16115 email]>
To: Craig Goodwillie <[email address]>
Date: 04/08/2021 03:24 p.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear Craig,
Thanks for clarifying. To resolve this issue can you please explain why
HDC did not ask for evidence of eligibility in our previous OIA request
(E20HDC01161) but does so now? Please also specify what kind of evidence
you would consider acceptable.
Yours sincerely,
NZ Health Justice
show quoted sections
From: NZ Health Justice
Dear Craig,
The reference number was given to us by the HDC Legal Team in this thread: https://fyi.org.nz/request/15558-healthc...
You will see that a request was in fact made via FYI under NZ Health Justice. Your request for confirmation of our eligibility would be understandable if HDC had not previously accepted our eligibility.
We again ask HDC to provide an explanation for this inconsistency. For the avoidance of doubt we confirm that we are a person in New Zealand and therefore entitled to make this request under the Official Information Act.
If you want our identity/personal contact details then you will need to be specific. We also bring to your attention the following advice from the Ombudsman in “Requests made online
A guide to requests made through fyi.org.nz and social media”:
“Even if the requester turns out to be ineligible to make a request under the OIA agencies should still provide a reasonable response, as their response could be investigated under the Ombudsmen Act 1975 (if the agency is subject to that Act).”
We would prefer to resolve this matter without involving the Ombudsman so we humbly request that the HDC Chief Legal Advisor consider the above points when making their decision.
Yours sincerely,
NZ Health Justice
From: Craig Goodwillie
Health and Disability Commissioner
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Dear NZ Health Justice,
Thank you for confirming you are a person in New Zealand.
Please find our response attached x 4.
Please confirm receipt for password.
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: NZ Health Justice
<[FOI #16115 email]>
To: Craig Goodwillie <[email address]>
Date: 12/08/2021 01:32 p.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear Craig,
The reference number was given to us by the HDC Legal Team in this thread:
[1]https://fyi.org.nz/request/15558-healthc...
You will see that a request was in fact made via FYI under NZ Health
Justice. Your request for confirmation of our eligibility would be
understandable if HDC had not previously accepted our eligibility.
We again ask HDC to provide an explanation for this inconsistency. For the
avoidance of doubt we confirm that we are a person in New Zealand and
therefore entitled to make this request under the Official Information
Act.
If you want our identity/personal contact details then you will need to be
specific. We also bring to your attention the following advice from the
Ombudsman in “Requests made online
A guide to requests made through fyi.org.nz and social media”:
“Even if the requester turns out to be ineligible to make a request under
the OIA agencies should still provide a reasonable response, as their
response could be investigated under the Ombudsmen Act 1975 (if the agency
is subject to that Act).”
We would prefer to resolve this matter without involving the Ombudsman so
we humbly request that the HDC Chief Legal Advisor consider the above
points when making their decision.
Yours sincerely,
NZ Health Justice
show quoted sections
From: NZ Health Justice
Dear Craig,
Thank you. We confirm receipt.
Yours sincerely,
NZ Health Justice
From: Craig Goodwillie
Health and Disability Commissioner
Dear NZ Health Justice,
Thank you.
Password: NZ1464CG
Regards
Dr Craig Goodwillie
OIA Advisor
Office of the Health and Disability Commissioner
PO Box 11934, Wellington 6142│ Level 11, TechnologyOne House, Wellington
6011
DDI (04) 494 7914
Please consider the environment before printing this email
From: NZ Health Justice
<[FOI #16115 email]>
To: Craig Goodwillie <[email address]>
Date: 16/08/2021 08:09 a.m.
Subject: Re: Information request
--------------------------------------------------------------------------
Dear Craig,
Thank you. We confirm receipt.
Yours sincerely,
NZ Health Justice
show quoted sections
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