Friday, October 22, 2010

HNZ seem to think they are above the law

On the 8th September 2010 I requested a copy of all information HNZ have on file about me/us under the Privacy Act 1993, The request had to be either fulfilled or reasons why the information was not going to be supplied had to be outlined within 21 working days.

After this time on the 6th October 2010 I contacted HNZ's privacy officer Karaka Tuhakaraina who stated he would look in to the matter.

The reason we need this information is that we are due in court 9th of November 2010 regarding HNZ's breach in the tenancy act and the appeal process.

Today being the 22 October 2010 we received a letter from Karaka Tuhakaraina denying us this information under section 29 (ia) of The Privacy Act 1993.
  • (ia) the request is made by a defendant or a defendant's agent and is
    • (i) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or
    • (ii) for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act;
It should be noted that HNZ only filed their claim on the 4th October 2010 and from memory we were not served with any proceedings until the 7th October 2010 (actually this is the date on the video when I recorded both Debbie and I being served).

Now I am not a lawyer but I'm pretty sure that retrospectively denying access to information is a little unfair and given that we will not have this information for our hearing against HNZ on the 9th of November really goes to show what dirty tricks these guys are playing.

1 comment:

  1. Hi Andrew - my name is Ruth Hill, i'm a reporter with Radio NZ. I'd be interested in hearing more about this. My number is 0800 420035.