How many complaints did Ms Theo Baker, deputy HDC commissioner close; using HDC Act section 38, "To take no further action".

Paul Riddler made this Official Information request to Health and Disability Commissioner

The request was partially successful.

From: Paul Riddler

Dear Health and Disability Commissioner,
Please supply me with the following information.

1.How many complaints were closed using; HDC act, section 38, "To take no further action", under Ms Theo Bakers tenure as deputy health and disability commissioner.
2.How many complaints against mental health providers did Ms Theo Baker close using HDC act, section 38," to take no further action"; please provide the exact amount of complaints, where the complaint directley related to suicides and uncompleted suicides, where the complainant asked the health and disability commissioner to investigate negligent actions of health and disability providers.
3. How many times between 2008 to September 2016, has the health and disability commissioner Act (The act), section, 38, "To take no further action" been used, please provide the exact amount of complaints that have been closed using section 38 HDC act.

Yours faithfully,

Paul Riddler.

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From: HDC
Health and Disability Commissioner


Attachment HDC FPS02 HDC Wellington Copier Output 2 1559 001.pdf
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Dear Mr Riddler

Please find attached a response to your email of 19 September 2016.

Yours sincerely

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From: Paul Riddler

Dear HDC,This OIA request is way over due, the HDC has completely failed to provide the requested information.
I am working on a second request that relates directley to this request; it is regarding the harm caused from the over use of HDC act Section 38 "To take no further action".
Complainant's who file serious systemic complaints with HDC; that are subsequently shut down without investigation under HDC act 38 "To take no further action", are left vulnerable to retribution from health and disability providers, criminal retribution in some cases; where much needed allocated support for disabled people is intentionally​ with held.

Please supply requested information; HDC has failed to provide any.

Yours sincerely,

Paul Riddler

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From: Paul Riddler

Dear HDC, Section 38 can be over turned in special circumstances. Yes or No.

Yours sincerely,

Paul Riddler

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From: HDC
Health and Disability Commissioner

Dear Mr Riddler
Thank you for your email. You have asked whether section 38 of the Health
and Disability Act can be overturned.
We understand that to mean decisions made by the HDC under section 38.
Decisions made by the HDC pursuant to its powers may be the subject of a
complaint to the Ombudsman. While the Ombudsman does not have the power to
overturn the decision, s/he may make recommendations that the HDC
reconsider a decision.
For more information about the Ombudsman, visit:
[1]http://www.ombudsman.parliament.nz/
We trust this is of assistance.

Yours sincerely

_____________________________________
Health and Disability Commissioner
45 Queen St, Level 10, Tower Centre Building
PO Box 1791, Auckland 1140
NEW ZEALAND
0800 11 22 33
[2]www.hdc.org.nz

From:        Paul Riddler <[FOI #4625 email]>
To:        HDC <[Health and Disability Commissioner request email]>
Date:        29/07/2017 07:44 p.m.
Subject:        Re: Your OIA request

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Dear HDC, Section 38 can be over turned in special circumstances. Yes or
No.

Yours sincerely,

Paul Riddler

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