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MSD Pension process with Michael Clark’s pension

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This email constitutes a request for official information under the Official Information Act 1982.

This request arises from the Ministry of Social Development’s failure to act on documents personally served at the Queenstown office on 31 October 2025 concerning Michael Clark’s pension entitlement, and the subsequent delay which has now resulted in material financial harm to a man with no income.

The information requested is as follows:

  1. All internal records, notes, emails, instructions, and communications (including those involving legal services or external advisers) relating to:

– the handling of the documents served on 31 October 2025;

– any decision not to process, respond to, or act on those documents.

  1. The reasons for the delay, including:

– when the documents were first received and logged;

– what actions (if any) were taken following service;

– who made decisions to defer, halt, or redirect processing.

  1. Any legal advice, policy guidance, or interpretive material relied upon by MSD staff or agents in:

– treating the matter as requiring completion of an MSD-generated pension application form;

   – distinguishing (or failing to distinguish) between service of documents and application.

  1. The statutory authority relied upon to disregard or suspend action on documents that were properly served, pending execution of an MSD form.
  1. Any assessment of financial harm or hardship arising from the delay, including whether MSD considered the foreseeable impact of non-payment once the first pension payment date passed.

Clarification

For the avoidance of doubt, Michael Clark has not refused to engage. He has declined to sign an MSD pension application form because it does not reflect the authority or protocol set out in the documents that were served. Signing a materially incorrect or misrepresentative form would expose him to legal and financial risk, including the risk of making a false declaration.

The issue here is not an “incomplete application”, but whether MSD has acted lawfully, promptly, and with proper understanding of the documents already in its possession.

Given the seriousness of the resulting financial harm, this request is made urgently. Please confirm receipt and the applicable statutory response timeframe.

Tracy Lynch

Supporting Michael Clark

[email protected]

 

On Jan 13, 2026 at 3:49 PM, <Seniors Portfolio> wrote:

Tēnā koe Tracey,

 

On 8 January 2026 you emailed the Minister for Seniors, Hon Casey Costello, requesting, under the Official Information Act 1982, the following information:

 

  •  documents personally served at the Ministry of Social Development Queenstown office on 31 October 2025 concerning Michael Clark’s pension entitlement including the receipt, logging, and current whereabouts of the served documents; the statutory authority relied upon; the due process followed (if any); and the reasons for the absence of contact, decision, or payment

 

We have transferred your request to the Ministry of Social Development as the information to which your request relates is not held by the Minister for Seniors but is believed to be held by the Ministry of Social Development. In these circumstances, we are required by section 14 of the OIA to transfer your request.

 

Please note that according to sections 14 and 15(1) of the Official Information Act, the 20-working day response period is reset by the transfer and starts again on the day the Ministry of Social Development receives the transfer notification. Minister Costello’s office notified the Ministry of Social Development of the transfer today.

 

You will hear further from the Ministry of Social Development concerning your request in due course.

 

Ngā mihi

 

Liz Marks | Private Secretary (Seniors) | Office of Hon Casey Costello

Minister of Customs | Minister for Seniors

Associate Minister of Immigration | Associate Minister of Health | Associate Minister of Police

2.054 PH, Parliament Buildings, Wellington 6160, New Zealand

 

The information in this email (including attachments) is confidential and may be legally privileged. If an addressing or transmission error has misdirected this email, please notify the author by replying to this email and destroy the message. If you are not the intended recipient, any use, disclosure, copying or distribution is prohibited and may be unlawful.

 

 

 

 

From: F Q <[email protected]>
Sent: Thursday, 8 January 2026 3:59 pm
To: Casey Costello (MIN) <[email protected]>
Subject: OIA

 

 

 

Please find attached an Official Information Act request relating to the handling of documents personally served on the Ministry of Social Development at the Queenstown office on 31 October 2025, concerning Michael Clark’s pension entitlement.

 

This request seeks clarification of:

– receipt, logging, and current whereabouts of the served documents;

– the statutory authority relied upon;

– the due process followed (if any);

– and the reasons for the absence of contact, decision, or payment.

 

The request is made under the Official Information Act 1982.

Please confirm receipt and note the statutory response timeframe.

 

Yours faithfully,

 

Tracy Lynch

Supporting Michael Clark

 

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.

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.