Knowledge of potential criminal activity by government employees
Canterbury Victim made this Official Information request to Priyanca Radhakrishnan
Response to this request is long overdue. By law Priyanca Radhakrishnan should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Canterbury Victim
Dear Priyanca Radhakrishnan,
I am making requests for official information. These requests are being made on the grounds of public interest in relation to the matters of transparency; participation; accountability; administration of justice; health, safety and the environment.
Please note that the requests are not just for documents, but also information. As such with regards to the Office of the Ombudsman guidance document “The OIA for Ministers and Agencies” these requests for official information include “information held in the memory of” the Minister addressed and only the Minister addressed, not the staff of the office of the Minister. As such unless there is a document which provides the information requested, the Minister must be questioned to provide the held information from their memory. No sections of this request can be denied based on Section 18(e) unless they are also denied on Section 18(g).
Each of the points below is an individual request for official information. If any of the responses need to be extended that should not impact delivery of responses for those that do not require an extension. Any decision to extend a deadline should be accompanied with a Section 23 response.
Any information that is denied should be accompanied with a Section 23 response providing the reasons for the decision to deny the information. These should include the dates and times that the Minister was questioned about their memory of the official information.
As per the Office of the Ombudsman guidance a clarification requested will only reset the deadline for the individual requests where a clarification is provided, the remainder of the requests for official information in this communication will have the original deadline remain.
Further in relation to the Office of the Ombudsman guidance “The agency’s primary legal obligation is to notify the requester of the decision on the request ‘as soon as reasonably practicable’. The reference to 20 working days is not the de facto goal but the absolute maximum (unless it is extended appropriately).” If the notification does happen on the last day of the 20 working day deadline please provide a Section 23 response as to why the decision was made that it was not ‘reasonably practicable’ to provide the decision sooner.
I am not providing a Privacy Waiver, and so any response to these requests for official information should have my personal information redacted.
These requests will make reference to official information held within the document located at https://bit.ly/3K29MME Despite their being other Ministers that may have official information with regards to the content of that document, this request for official information is about official information held by the Minister addressed and therefore should not be transferred and instead be denied if the information is not held by the addressed Minister.
1. When did the Minister first become aware of the document that exists at https://bit.ly/3K29MME? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of the document before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
2. The linked document includes official information where government employees at Southern Response have been altering documents and instructing others to alter documents they did not author in order to create a false representation of facts and timelines where those documents were then used to cause loss by deception. When did the Minister first become aware of these or similar events? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
3. The linked document includes official information where Southern Response employees conspired with a Consent Team Leader at Christchurch City Council to get agreement that a building consent would be granted despite the repair methodology did not match the submitted technical documents, was in violation of the MBIE repair guidance, and ultimately would result in a house repair that they knew had not been approved as meeting the Building Code. When did the Minister first become aware of these or similar events? This question is not limited to the example given in the linked document and can relate to any instance of this deceptive behaviour. If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
4. The linked document includes information regarding Southern Response committing a significant breach of the Fair Insurance Code (the accepted New Zealand Code of Ethics for the Insurance Industry) so significantly that the behaviour of the involved government employees would bring the entirety of the New Zealand Insurance Industry into disrepute. When did the Minister first become aware that government employees were responsible for the first ever unresolved significant breach of the Fair Insurance Code being referred to the Insurance Council of New Zealand? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
5. The linked document includes information regarding the Dispute Resolution Scheme (regulated by the Financial Service Providers (Registration and Dispute Resolution) Act 2008) specifically not addressing matters of dishonesty in their assessment of behaviour of the government staff despite finding that Southern Response significantly breached the Fair Insurance Code. When did the Minister first become aware that the Dispute Resolution Scheme declined to consider dishonesty, when specifically asked to address matters of dishonesty in the details of the complaint, when assessing violations of the insurance industry Code of Ethics? This question is not limited to the example given in the linked document and can relate to any instance of this behaviour. If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
6. The linked document includes official information regarding the Insurance Council of New Zealand (ICNZ) communicating with the CEO of Southern Response stating that the complaint of the behaviour of Southern Response had been heard at their last meeting despite us being told that it would not be heard at that meeting; and that had ICNZ not forced us to go through the Dispute Resolution Scheme that ICNZ would have found Southern Response in violation of the Code at that meeting, but instead ICNZ delayed the complaint of two cancer patients to allow Southern Response to be better prepared should the DIspute Resolution Scheme refer the complaint back to ICNZ. Southern Response then went on to utilise the law firm where a former partner, and consultant of that law firm is a sitting member of the ICNZ committee that assessed Southern Response’s behaviour. When did the Minister first become aware of these events? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
7. The linked document includes information regarding the Dispute Resolution Scheme finding that the Significant Breach of the Fair Insurance Code was unresolved despite the apology and ex gratia payment, but the Insurance Council of New Zealand (ICNZ) stating that the complaint was resolved by the apology and ex gratia payment. This is despite direct communication between Southern Response and ICNZ where Anthony Honeybone states that the apology was not sincere and instead was simply easier than telling me how I was wrong about Southern Response’s behaviour. The linked document also addresses all parts of the Southern Response apology with official information to show that it was not sincere. When did the Minister first become aware of these events? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
8. The linked document includes information regarding government employees setting a one week deadline for me after I told them I was in hospital and needed to reduce stress. The deadline required me to provide engineering information because they would not accept their own engineering advice that their desired repair methodology was inappropriate. These actions have been described by the New Zealand Police as “seems inappropriate and appears to be taking advantage of your medical circumstances”. When did the Minister first become aware of these events? If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the date the Minister was asked to recall their memory will fulfil the request.
9. Please provide the dates for each of these connected events if they happened with the Minister all for a single official information requestor within the last 6 months:
a. The Minister denied the existence of official information based on section 18(e)
b. The requestor provided evidence that documents do exist with the requested information
c. The Minister then stated that it was already known the documents existed, but that there was a desire to not provide the documents because they contain discussions that are too “full and frank” to be made public
d. The Minister then denied the request again based instead on 9(2)(ba)
If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming aware of such events before receiving this request for official information, then the please deny this request based on Section 18(e) and 18(g).
10. If request 9 is not denied then please provide the date at which the Minister was first informed that there was belief that those engaged with the Minister in the “full and frank” conversations may be committing crimes. If there does not exist a document with this information then an approximate date from the Minister’s memory will fulfil the request. If the Minister has no recollection of becoming informed of criminal behaviour then please deny this request based on Section 18(e) and 18(g).
As I have a significant amount of additional information to make public in relation to these matters and an unknown number of request and response cycles in order to allow the matters of public interest to be adequately addressed, I would appreciate it if these requests were addressed as a matter of urgency.
Yours faithfully,
“Canterbury Victim”
From: Hon Priyanca Radhakrishnan
Kia Ora
Thank you for contacting the Hon Priyanca Radhakrishnan, Minister for the
Community and Voluntary Sector, Minister for Diversity, Inclusion and
Ethnic Communities, Minister for Youth, Associate Minister for Social
Development and Employment , Associate Minister for Workplace Relations
and Safety and MP for Maungakiekie. The Minister considers all
correspondence important and appreciates you taking the time to write.
Please note that as Minister Radhakrishnan receives a large amount of
correspondence it is not always possible to personally reply to all
emails.
The following guidelines apply:
o Portfolio related correspondence will be considered and responded to
where appropriate.
o Invitations and requests to meet with the Minister will be processed
as soon as possible and a staff member will be in contact with you in
due course. Please note this email is an acknowledgment that your
invitation/request has been received.
o Media queries will be responded to by a staff member.
o Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
o If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be
no further response to you.
o If your correspondence is to the Minister as the Member of Parliament
for Maungakiekie, this will be referred to her electorate office.
Thank you again for writing.
Office of Hon Priyanca Radhakrishnan
MP for Maungakiekie
Minister for the Community and Voluntary Sector| Minister for Diversity,
Inclusion and Ethnic Communities |Minister for Youth | Associate Minister
for Social Development and Employment| Associate Minister for Workplace
Relations and Safety
Private Bag 18-041, Parliament Buildings, Wellington 6160
[1][email address]
Authorised by Hon Priyanca Radhakrishnan, Parliament Buildings, Wellington
The information contained in this email is privileged and confidential and
intended for the addressee only. If you are not the intended recipient,
you are asked to respect that confidentiality and not disclose, copy or
make use of its contents. If received in error you are asked to destroy
this email and contact the sender immediately. Your assistance is
appreciated.
P Please consider the environment before printing this e-mail
Please note: information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy
at [2]http://www.dia.govt.nz/Proactive-Release...
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1. mailto:[email address]
2. http://www.dia.govt.nz/Proactive-Release...
From: Hon Priyanca Radhakrishnan
Tēnā koe,
We acknowledge receipt of your official information request which we
received today for the following information;
1. When did the Minister first become aware of the document that
exists at [1]https://bit.ly/3K29MME? If there does not exist a document
with this information then an approximate date from the Minister’s memory
will fulfil the request. If the Minister has no recollection of becoming
aware of the document before receiving this request for official
information, then the date the Minister was asked to recall their memory
will fulfil the request.
2. The linked document includes official information where
government employees at Southern Response have been altering documents and
instructing others to alter documents they did not author in order to
create a false representation of facts and timelines where those documents
were then used to cause loss by deception. When did the Minister first
become aware of these or similar events? If there does not exist a
document with this information then an approximate date from the
Minister’s memory will fulfil the request. If the Minister has no
recollection of becoming aware of such events before receiving this
request for official information, then the date the Minister was asked to
recall their memory will fulfil the request.
3. The linked document includes official information where Southern
Response employees conspired with a Consent Team Leader at Christchurch
City Council to get agreement that a building consent would be granted
despite the repair methodology did not match the submitted technical
documents, was in violation of the MBIE repair guidance, and ultimately
would result in a house repair that they knew had not been approved as
meeting the Building Code. When did the Minister first become aware of
these or similar events? This question is not limited to the example
given in the linked document and can relate to any instance of this
deceptive behaviour. If there does not exist a document with this
information then an approximate date from the Minister’s memory will
fulfil the request. If the Minister has no recollection of becoming aware
of such events before receiving this request for official information,
then the date the Minister was asked to recall their memory will fulfil
the request.
4. The linked document includes information regarding Southern
Response committing a significant breach of the Fair Insurance Code (the
accepted New Zealand Code of Ethics for the Insurance Industry) so
significantly that the behaviour of the involved government employees
would bring the entirety of the New Zealand Insurance Industry into
disrepute. When did the Minister first become aware that government
employees were responsible for the first ever unresolved significant
breach of the Fair Insurance Code being referred to the Insurance Council
of New Zealand? If there does not exist a document with this information
then an approximate date from the Minister’s memory will fulfil the
request. If the Minister has no recollection of becoming aware of such
events before receiving this request for official information, then the
date the Minister was asked to recall their memory will fulfil the
request.
5. The linked document includes information regarding the Dispute
Resolution Scheme (regulated by the Financial Service Providers
(Registration and Dispute Resolution) Act 2008) specifically not
addressing matters of dishonesty in their assessment of behaviour of the
government staff despite finding that Southern Response significantly
breached the Fair Insurance Code. When did the Minister first become
aware that the Dispute Resolution Scheme declined to consider dishonesty,
when specifically asked to address matters of dishonesty in the details of
the complaint, when assessing violations of the insurance industry Code of
Ethics? This question is not limited to the example given in the linked
document and can relate to any instance of this behaviour. If there does
not exist a document with this information then an approximate date from
the Minister’s memory will fulfil the request. If the Minister has no
recollection of becoming aware of such events before receiving this
request for official information, then the date the Minister was asked to
recall their memory will fulfil the request.
6. The linked document includes official information regarding the
Insurance Council of New Zealand (ICNZ) communicating with the CEO of
Southern Response stating that the complaint of the behaviour of Southern
Response had been heard at their last meeting despite us being told that
it would not be heard at that meeting; and that had ICNZ not forced us to
go through the Dispute Resolution Scheme that ICNZ would have found
Southern Response in violation of the Code at that meeting, but instead
ICNZ delayed the complaint of two cancer patients to allow Southern
Response to be better prepared should the Dispute Resolution Scheme refer
the complaint back to ICNZ. Southern Response then went on to utilise the
law firm where a former partner, and consultant of that law firm is a
sitting member of the ICNZ committee that assessed Southern Response’s
behaviour. When did the Minister first become aware of these events? If
there does not exist a document with this information then an approximate
date from the Minister’s memory will fulfil the request. If the Minister
has no recollection of becoming aware of such events before receiving this
request for official information, then the date the Minister was asked to
recall their memory will fulfil the request.
7. The linked document includes information regarding the Dispute
Resolution Scheme finding that the Significant Breach of the Fair
Insurance Code was unresolved despite the apology and ex gratia payment,
but the Insurance Council of New Zealand (ICNZ) stating that the complaint
was resolved by the apology and ex gratia payment. This is despite direct
communication between Southern Response and ICNZ where Anthony Honeybone
states that the apology was not sincere and instead was simply easier than
telling me how I was wrong about Southern Response’s behaviour. The
linked document also addresses all parts of the Southern Response apology
with official information to show that it was not sincere. When did the
Minister first become aware of these events? If there does not exist a
document with this information then an approximate date from the
Minister’s memory will fulfil the request. If the Minister has no
recollection of becoming aware of such events before receiving this
request for official information, then the date the Minister was asked to
recall their memory will fulfil the request.
8. The linked document includes information regarding government
employees setting a one week deadline for me after I told them I was in
hospital and needed to reduce stress. The deadline required me to provide
engineering information because they would not accept their own
engineering advice that their desired repair methodology was
inappropriate. These actions have been described by the New Zealand
Police as “seems inappropriate and appears to be taking advantage of your
medical circumstances”. When did the Minister first become aware of these
events? If there does not exist a document with this information then an
approximate date from the Minister’s memory will fulfil the request. If
the Minister has no recollection of becoming aware of such events before
receiving this request for official information, then the date the
Minister was asked to recall their memory will fulfil the request.
9. Please provide the dates for each of these connected events if
they happened with the Minister all for a single official information
requestor within the last 6 months:
a. The Minister denied the existence of official information based
on section 18(e) b. The requestor provided evidence that documents do
exist with the requested information c. The Minister then stated that it
was already known the documents existed, but that there was a desire to
not provide the documents because they contain discussions that are too
“full and frank” to be made public d. The Minister then denied the request
again based instead on 9(2)(ba)
b. If there does not exist a document with this information then an
approximate date from the Minister’s memory will fulfil the request. If
the Minister has no recollection of becoming aware of such events before
receiving this request for official information, then the please deny this
request based on Section 18(e) and 18(g).
10. If request 9 is not denied then please provide the date at which the
Minister was first informed that there was belief that those engaged with
the Minister in the “full and frank” conversations may be committing
crimes. If there does not exist a document with this information then an
approximate date from the Minister’s memory will fulfil the request. If
the Minister has no recollection of becoming informed of criminal
behaviour then please deny this request based on Section 18(e) and 18(g).
We will endeavour to respond to your request as soon as possible and in
any event, no later than 16 January 2023.
If we are unable to respond to your request within the appropriate
timeframe, we will notify you of an extension of that timeframe. If your
OIA request requires full or part transfer, we will contact you within the
required timeframe.
Regards,
[2]cid:image001.png@01D76117.F83F9EA0 Office of Hon Priyanca Radhakrishnan
MP for Maungakiekie
Minister for the Community and
Voluntary Sector | Minister for
Diversity, Inclusion and Ethnic
Communities | Minister for Youth |
Associate Minister for Social
Development and Employment |
Associate Minister for Workplace
Relations and Safety
Private Bag 18041, Parliament
Buildings, Wellington 6160, New
Zealand
Phone: (04) 817 8735
show quoted sections
From: Hon Priyanca Radhakrishnan
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Kia ora,
Please see attached response to your Official Information Act request
dated 28 November 2022.
Ngā mihi,
[1]cid:image001.png@01D76117.F83F9EA0 Office of Hon Priyanca Radhakrishnan
MP for Maungakiekie
Minister for the Community and
Voluntary Sector | Minister for
Diversity, Inclusion and Ethnic
Communities | Minister for Youth |
Associate Minister for Social
Development and Employment |
Associate Minister for Workplace
Relations and Safety
Private Bag 18041, Parliament
Buildings, Wellington 6160, New
Zealand
Phone: (04) 817 9154
--------------------------------------------------------------------------
References
Visible links
From: Canterbury Victim
Dear Hon Priyanca Radhakrishnan,
The Minister has not responded to each request for official information separately. At the beginning of the document I stated “Each of the points below is an individual request for official information,” and for each request I presented options for responses to limit the scope of the requests in a way that I felt would fulfil my requests. Please provide a Section 23 response for the decision to respond in such a way that did not allow for an understanding of the results of each decision made against the 10 requests for official information.
The Minister’s response refuses to provide official information. In the document I stated “Any information that is denied should be accompanied with a Section 23 response providing the reasons for the decision to deny the information.” Please provide a section 23 response for the decision to not include a section 23 response for each of the refusals of official information. Please also provide the Section 23 responses for the refusals themselves, as previously requested. Please see the Office of the Ombudsman document “Requests for reasons for a decision or recommendation A guide to section 23 of the OIA and section 22 of the LGOIMA“ for information on how to properly respond to a section 23 request.
Yours sincerely,
“Canterbury Victim”
From: Hon Priyanca Radhakrishnan
Kia Ora,
Thank you for contacting the Hon Priyanca Radhakrishnan, Minister for the
Community and Voluntary Sector, Minister for Diversity, Inclusion and
Ethnic Communities, Minister for Youth, Associate Minister for Social
Development and Employment and MP for Maungakiekie. The Minister considers
all correspondence important and appreciates you taking the time to write.
Please note that as Minister Radhakrishnan receives a large amount of
correspondence it is not always possible to personally reply to all
emails.
The following guidelines apply:
o Portfolio related correspondence will be considered and responded to
where appropriate.
o Invitations and requests to meet with the Minister will be processed
as soon as possible and a staff member will be in contact with you in
due course. Please note this email is an acknowledgment that your
invitation/request has been received.
o Media queries will be responded to by a staff member.
o Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
o If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be
no further response to you.
o If your correspondence is to the Minister as the Member of Parliament
for Maungakiekie, this will be referred to her electorate office.
Thank you again for writing.
Office of Hon Priyanca Radhakrishnan
MP for Maungakiekie
Minister for the Community and Voluntary Sector| Minister for Diversity,
Inclusion and Ethnic Communities |Minister for Youth | Associate Minister
for Social Development and Employment| Minister for Workplace Relations
and Safety
Private Bag 18-041, Parliament Buildings, Wellington 6160
[1][email address]
Authorised by Hon Priyanca Radhakrishnan, Parliament Buildings, Wellington
The information contained in this email is privileged and confidential and
intended for the addressee only. If you are not the intended recipient,
you are asked to respect that confidentiality and not disclose, copy or
make use of its contents. If received in error you are asked to destroy
this email and contact the sender immediately. Your assistance is
appreciated.
P Please consider the environment before printing this e-mail
Please note: information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy
at [2]http://www.dia.govt.nz/Proactive-Release...
--------------------------------------------------------------------------
References
Visible links
1. mailto:[email address]
2. http://www.dia.govt.nz/Proactive-Release...
From: Hon Priyanca Radhakrishnan
Tēnā koe,
Thank you for your email of 24 January regarding knowledge of potential
criminal activity by government employees. As noted in our initial reply,
Minister Radhakrishnan does not hold any information that would fall in
scope of Parts One to Ten of this request. Therefore your request was
refused under s18(e) and s18(g) of the Official Information Act.
Your initial request made references to an online document that contains
reiterations and/or communications from previous requests made under the
OIA and the Privacy Act 2020. You also referred to “official information
held within” an online document. While that online document may contain
excerpts to those requests, the document itself cannot be considered
official information as it is not written or commissioned by the New
Zealand Government.
Please note Minister Radhakrishnan is not the Responsible Minister for the
Earthquake Commission (EQC), and is unable to respond to matters relating
to that portfolio. I encourage you to get in touch with the Minister
Responsible for the Earthquake Commission, Hon Dr David Clark, should you
have any further questions about the insurance claims arising out of the
Canterbury earthquakes.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602
Ngā mihi,
[1]cid:image001.png@01D76117.F83F9EA0
Office of Hon Priyanca Radhakrishnan
MP for Maungakiekie
Minister for the Community and
Voluntary Sector | Minister for
Diversity, Inclusion and Ethnic
Communities | Minister for Youth |
Associate Minister for Social
Development and Employment |
Associate Minister for Workplace
Relations and Safety
Private Bag 18041, Parliament
Buildings, Wellington 6160, New
Zealand
Phone: (04) 817 9154
show quoted sections
From: Canterbury Victim
Dear Hon Priyanca Radhakrishnan,
Please provide a Section 23 response on the decision to continue to not provide the official information that I have requested, including other Section 23 requests.
I spent a lot of time trying to make it clear the format I desired the responses to be in. If it is not clear, or is deemed inappropriate for some reason then please provide reasonable assistance to me in understanding why this is the case so that I may amend the requests appropriately.
** Regarding ability to respond to requests
In your response you have stated: “Please note Minister Radhakrishnan is not the Responsible Minister for the Earthquake Commission (EQC), and is unable to respond to matters relating to that portfolio.”
I believe this statement is incorrect. A minister's requirements to respond to requests under the Official Information Act are only limited by their official capacity as a Minister. The Cabinet Manual does not limit Minister responsibilities to only their portfolios, and there is no restriction in the law regarding portfolios held. There are clauses in the OIA related to transfers of requests based on portfolios, however I have asked for documents and information specifically held by Hon Priyanca Radhakrishnan in their official capacity as a Minister.
** Regarding making requests from Hon Dr David Clark
In your response you have stated “I encourage you to get in touch with the Minister Responsible for the Earthquake Commission, Hon Dr David Clark, should you have any further questions about the insurance claims arising out of the Canterbury earthquakes.”
I would encourage you to refer to https://fyi.org.nz/request/21235-knowled... which shows that I have been communicating with Hon Dr David Clark, but also indicates that Hon Dr David Clark is not providing responses that align with verifiable facts.
As a matter of Public Interest I believe it is important to understand the scope of involvement of Ministers in matters related to crimes committed by government employees.
** Regarding phrasing of request
The response provided includes a comment about the following phrase in the request.
“These requests will make reference to official information held within the document located at https://bit.ly/3K29MME”
I take it the concern is with the word “held” being used. I am happy for you to instead consider the following rewording which does not change the intent of the sentence at all. “These requests will make reference to official information that has been included in a document located at https://bit.ly/3K29MME”
Yours sincerely,
“Canterbury Victim”
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