To find out who was resonsible for submitting the 48 page govt reponse at the UNHRC.
Robert Newcombe made this Official Information request to Ministry of Social Development
Response to this request is long overdue. By law Ministry of Social Development should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Robert Newcombe
Dear Ministry of Social Development,
In February 2014, a group of seniors including my wife and I lodged a complaint with the United Nations Human Rights Council in Geneva over the use of Section 70 of the Social Security Act 1964 whereby we are denied the right to keep overseas government pensions we have worked and paid for out of earnings.
I asked the UNHRC who drew up the government document that was instrumental in our losing the case but the request was refused stating it was not possible under its privacy rules.
Then under the OIA, I asked the Ministry of Foreign Affairs and Trade who it was that produced the Government’s defence in the form of the 48 page document called ARNESEN COMMUNICATION – NEW ZEALAND GOVERNMENT RESPONSE- HRC.
The MAFT has confirmed to me that it was drawn up by the Ministry of Social Development.
I would therefore like to know who authorized the production and contents of the document, was it a Minister and if so whom, was it the CEO of the MSD and if it was neither who was it?
Yours sincerely,
Yours faithfully,
Robert Newcombe
From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe Robert Newcombe
Thank you for your email received 30 November 2015, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Please note that the period commencing 25 December 2015 and ending 4 January 2016 does not count as 'working days' as defined in section 2 of the Official Information Act 1982. Due to this holiday, your response would be due on 19 January 2014.
Nāku noa, na
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: Robert Newcombe [mailto:[FOI #3429 email]]
Sent: Monday, 30 November 2015 2:34 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - To find out who was resonsible for submitting the 48 page govt reponse at the UNHRC.
Dear Ministry of Social Development,
In February 2014, a group of seniors including my wife and I lodged a complaint with the United Nations Human Rights Council in Geneva over the use of Section 70 of the Social Security Act 1964 whereby we are denied the right to keep overseas government pensions we have worked and paid for out of earnings.
I asked the UNHRC who drew up the government document that was instrumental in our losing the case but the request was refused stating it was not possible under its privacy rules.
Then under the OIA, I asked the Ministry of Foreign Affairs and Trade who it was that produced the Government’s defence in the form of the 48 page document called ARNESEN COMMUNICATION – NEW ZEALAND GOVERNMENT RESPONSE- HRC.
The MAFT has confirmed to me that it was drawn up by the Ministry of Social Development.
I would therefore like to know who authorized the production and contents of the document, was it a Minister and if so whom, was it the CEO of the MSD and if it was neither who was it?
Yours sincerely,
Yours faithfully,
Robert Newcombe
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This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe Robert Newcombe,
Please find attached the Ministry's response to your Official Information Act request of 30 November 2015.
Nā mātou noa, nā
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: OIA_Requests (MSD)
Sent: Monday, 30 November 2015 4:54 p.m.
To: Robert Newcombe
Subject: RE: Official Information Act request - To find out who was responsible for submitting the 48 page govt response at the UNHRC.
Tēnā koe Robert Newcombe
Thank you for your email received 30 November 2015, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Please note that the period commencing 25 December 2015 and ending 4 January 2016 does not count as 'working days' as defined in section 2 of the Official Information Act 1982. Due to this holiday, your response would be due on 19 January 2014.
Nāku noa, na
Official and Parliamentary Information team | Ministerial and Executive Services Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: Robert Newcombe [mailto:[FOI #3429 email]]
Sent: Monday, 30 November 2015 2:34 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - To find out who was resonsible for submitting the 48 page govt reponse at the UNHRC.
Dear Ministry of Social Development,
In February 2014, a group of seniors including my wife and I lodged a complaint with the United Nations Human Rights Council in Geneva over the use of Section 70 of the Social Security Act 1964 whereby we are denied the right to keep overseas government pensions we have worked and paid for out of earnings.
I asked the UNHRC who drew up the government document that was instrumental in our losing the case but the request was refused stating it was not possible under its privacy rules.
Then under the OIA, I asked the Ministry of Foreign Affairs and Trade who it was that produced the Government’s defence in the form of the 48 page document called ARNESEN COMMUNICATION – NEW ZEALAND GOVERNMENT RESPONSE- HRC.
The MAFT has confirmed to me that it was drawn up by the Ministry of Social Development.
I would therefore like to know who authorized the production and contents of the document, was it a Minister and if so whom, was it the CEO of the MSD and if it was neither who was it?
Yours sincerely,
Yours faithfully,
Robert Newcombe
-------------------------------------------------------------------
This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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hide quoted sections
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Robert Newcombe left an annotation ()
It has now been confirmed that Anne Tolley as Minister for Social Development authorized the production of the document that was designed specifically to mislead the UNHRC and deny us the right to a fair hearing.
It quoted the original 1938 legislation without making any references to the Ministry's own investigations in 2004/5 plus the HRC/RPRC reviews that all concluded that the legislation is "outdated, unfair, discriminatory, and unjust".
It played heavily upon the UNHRC's inability to understand what is an abuse of power by simply not rewording the legislation to bring it into line with modern international pension portability rights.
The object now is to have the document legally and morally scrutinized in order to bring the government to account and to end the legal but immoral impoverishment of so many of us elderly and the return of all our pensions abated against our entitlement to full New Zealand Superannuation
Link to this