Witness summons for review hearings
Anon made this Official Information request to Accident Compensation Corporation
Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Anon
Dear Accident Compensation Corporation,
This is a request for documents and information on how to have a witness summoned (e.g., ACC decision maker, or ACC contracted clinical adviser) for a ACC reviews held by FairWay or ICRA. I make this request under the Code and the OIA. Specifically s 2(5) which means that ACC must include all information held by FairWay and ICRA regarding witness summons for hearings held by their employees.
I ask you treat this with urgency.
Thanks
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement Team
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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
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2. http://www.acc.co.nz/
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From: Government Services
Accident Compensation Corporation
Kia ora Anon
There are no circumstances where a witness is served with a summons to
attend an ACC review hearing. The information is therefore refused as
it does not exist. This decision has been made under section 18(e) of the
Act.
If you are not happy with this response, you can also contact the
Ombudsman via [1][email address] or by phoning 0800 802 602.
Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz.
Ngā mihi
Sara Freitag (she/her)
Manager OIA Services
' 027 973 7330
* PO Box 242, Wellington 6011
show quoted sections
From: Anon
Dear Government Services,
Your response appears to be inconsistent with the ACC response in GOV-029177, GOV-028422 and GOV-027824.
The Review Specialist Induction Guide (GOV-028422) states the claimant may call witnesses, and cross-examine the witness (p 70). However, there is information as to how a claimant goes about summoning a witness so that the claimant may cross-examine the witness during the review. Please provide me with that information (held by ACC, the ICRA and FairWay). ACC
In GOV-027824, you attached the Responding to a witness summons Policy (p 47). At section 4 of this policy, it states: "You can get a copy of the Dealing with a Witness Summons leaflet from your team manager (TM) or branch manager (BM). TMs and BMs can contact the Manager Litigation in the
General Counsel team for further information."
Clearly your statement "There are no circumstances where a witness is served with a summons to
attend an ACC review hearing" was wrong, as it is inconsistent with both the Review Specialist Induction Guide and Responding to a witness summons Policy.
I request all documents, rules, policies, guides, advice or any other information, pertaining to ensuring the claimant's right to call (summon) and cross-examine ACC witnesses (i.e., claims assessors, review specialists, resolution specialists, and external clinical advisers). If the information is held in the minds of persons at ACC (e.g., Manager Litigation in the General Counsel team), then I request that information to be provided in writing.
I request honest answer to my questions, from your Manager Litigation in the General Counsel team, the ICRA and FairWay, pursuant to rights 1 & 8 of the Code, which are as follows:
(1) What steps must a claimant take (including forms filled in) in order to exercise their legal right to call or summon an ACC witnesses? Please attache the form or details of the information that must be included as well as the email address and physical to which the forms must be sent (e.g. [email address]).
(2) What steps must a claimant take (including forms filled in) in order to exercise their legal right to cross-examine ACC witnesses?
To be clear, when I say an ACC witness, I am referring to the specific ACC employees who were decision makers, or to the persons contracted to ACC (e.g., external clinical advisers) who provided reports which informed ACC's decisions.
Yours sincerely,
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement Team
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
From: Anon
Dear Government Services,
You had referred me to your response of 27 October 2023 (ref: GOV-028448) for a copy of ACC’s current Delegations Framework. However, this response is not on your website. Please provide a copy in this response.
I'm perplexed, why would you charge $13,392 in order to provide information which should be readily accessible? Are you saying that the delegated authorities, and definitions for delegated authorities are not readily accessible to ACC employees, managers, the executive team an the Board?
Yours sincerely,
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement Team
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
From: Government Services
Accident Compensation Corporation
Kia ora Anon
Please find attached our response to your official information request
dated 14 December 2023. 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.
Ngâ mihi
Jason Hope (he/him)
Acting Manager | OIA Services
Tel +64 4 816 5796 / Mobile +64 27 600 7327
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora Anon
Please find attached our response to your official information request
dated 14 December 2023. 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.
Ngâ mihi
Jason Hope (he/him)
Acting Manager | OIA Services
Tel +64 4 816 5796 / Mobile +64 27 600 7327
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Anon
Dear Government Services,
This is an official complaint. You denied my request on the grounds section 9(2)(g)(i)) of the Act". You claimed, "Our decision is consistent with the general position outlined by the Ombudsman, which you
can view at www.ombudsman.parliament.nz/resources/re....
Your statement is false.
Had you read the referenced materiel (Case number 313287), at page 1, you would have seen that the Ombudsman said the following:
"This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future."
Thus, your statement "We note that our decision is consistent with the general position outlined by the Ombudsman" is not true. It is not the Ombudsman's general position, but the position relevant to a very specific case.
Again, I reiterate my request.
Yours sincerely,
Anon
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
From: Government Services
Accident Compensation Corporation
Kia ora
We are satisfied that our response of 19 January (GOV-029592) was
appropriate. However, and as noted in our response, if you are unhappy
with it, you can contact the Ombudsman.
Ngā mihi
Jason Hope (he/him)
Acting Manager | OIA Services
Tel +64 4 816 5796 / Mobile +64 27 600 7327
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Anon
Dear Government Services,
Let me be more specific. This is an official complaint under the code for failure to provide accurate, honest information. Please respond to my code complaint via FYI.org.nz.
Yours sincerely,
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
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