FORMAL NOTICE OF OVERSIGHT FAILURE AND DEMAND FOR DETERMINATION

To: Office of the Ombudsman

From: InLandsAirWater Counsel – Attorney’s Office (PTNDA)

PO Box 265, Queenstown

FORMAL NOTICE OF OVERSIGHT FAILURE AND DEMAND FOR DETERMINATION

This correspondence is issued as a generalised and formal notice concerning the Office of the Ombudsman’s handling of multiple Official Information Act matters referred to your office, in which:

– statutory response periods have expired,

– substantive determinations have not been made, and

– oversight has been replaced with mandate-based deflection rather than lawful investigation.

This notice is not limited to a single OIA reference. It applies to a growing body of matters already before your office in which no meaningful decision has been issued.

1. The legal position is clear and settled

Under section 15(1) of the Official Information Act 1982, agencies are required to make and communicate a decision within statutory timeframes.

Under section 15(4), failure to do so results in a deemed refusal as a matter of law.

Once a deemed refusal exists:

– section 28(4) confers jurisdiction on the Ombudsman; and

– section 29(1) imposes a mandatory duty to investigate failures to make a decision.

There is no discretion to decline investigation on the basis of mandate, workload, policy preference, or administrative framing.

This is not arguable.

1. The current pattern constitutes oversight failure

In multiple matters now before the Ombudsman:

– agencies have failed to answer lawful OIA requests;

– statutory deadlines have expired without lawful extension;

– the Ombudsman has not issued determinations; and

– correspondence has focused on scope, mandate, or process rather than findings.

That approach is inconsistent with the purpose of the Official Information Act, which exists to ensure accountability of public power, not to manage correspondence.

As confirmed in Kelsey v Minister of Trade [2015] NZHC 2497, conduct that frustrates the purpose of the Act — including delay and avoidance — is unlawful.

1. Silence is no longer neutral

Where an oversight body fails to act in the face of clear statutory breach, it ceases to be a passive observer.

It becomes part of the failure chain.

This is particularly serious where the information withheld concerns:

– public expenditure,

– enforcement activity,

– surveillance or investigative conduct, and

– decisions impacting rights, liberty, or property.

The courts have repeatedly held that such matters require heightened transparency and scrutiny, not administrative minimalism (see Dotcom v Attorney-General [2014] NZSC 199; Chief Executive of Ministry of Fisheries v United Fisheries Ltd [2010] NZSC 106).

1. What is now required

Accordingly, this letter constitutes a formal demand for action, not further correspondence.

The Office of the Ombudsman is required to:

1. Acknowledge that multiple OIA matters before it are now deemed refusals as a matter of law;
2. Confirm that investigations are underway under sections 28–29 OIA;
3. Provide a clear timeframe for determinations to be issued; and
4. Cease reliance on “mandate” language where statutory duties are engaged.

This is a request for determination, not mediation.

1. Notice of record and escalation

This notice is placed on the formal record.

If determinations continue to be withheld, the failure will be documented as systemic oversight non-performance, and escalation beyond domestic administrative review will proceed.

That record will stand whether or not the Ombudsman chooses to act.

Please confirm, within 10 working days, the steps being taken to discharge your statutory duties.

Yours faithfully,

Tracy Lynch

Attorney / Secretary

For the Trustees

InLandsAirWater Counsel – Private Trust (PTNDA)

PO Box 265, Queenstown

 

On Oct 29, 2025 at 9:07 AM, <F Q> wrote:

NOTICE OF FIDUCIARY ACCOUNTABILITY & INSURANCE DISCLOSURE

From: InLandsAirWater Counsel – Private Trust (PTNDA)

To: Ministry of Justice – Ministerial Services

Cc: MPI Official Information Act Office | Crown Law Office | PRLaw | Marsh Ltd (Broker)

Ref: ILAW-MOJ-INS-DISC-2025-001

Date: 29th October 2025

SUBJECT: Request for Insurance Disclosure and Recovery Pathways — OIA Ref 126889 / CRI-2024-025-000683

Hello,

This Notice is issued under instruction from the Trustees of the InLandsAirWater Counsel – Private Trust, in reference to your partial transfer acknowledgment (OIA Ref 126889) and related discovery request OIA25-0683 concerning case CRI-2024-025-000683.

1. Fiduciary Accountability and Standing

The Supreme Court of New Zealand has confirmed that fiduciary agents and administrators are accountable for harm arising from their decisions, particularly where those decisions impact us — those born here — who are not legal entities nor parties to any Crown contract.

Furthermore, the High Court of Wellington (February 2025) publicly recorded that InLandsAirWater Counsel – Private Trust is not a legal entity, and therefore not subject to statutory or corporate enforcement frameworks.

Accordingly, any administrative action taken against Trust beneficiaries falls under personal fiduciary liability of the decision-maker(s) and the insurance coverage attached to their role or employer.

1. Insurance Disclosure Request

We now require full insurance disclosure for each administrative party involved in this matter, including but not limited to:

Entity / Office	Required Disclosure
Ministry of Justice (Invercargill District Court)	Professional Indemnity, Public Liability, Judicial or Crown Risk Coverage
Ministry for Primary Industries	Agency Liability, Staff Indemnity, Third-party Contractor and Police Coordination Cover
PR Law (Prosecution Services)	Professional Indemnity and Fidelity Cover
New Zealand Police	Operational Liability and Third-party Risk Cover
Crown Law Office	Indemnity, Public Liability, and Professional Negligence Cover

Each insurer, broker, and policy reference must be provided under sections 12–13 OIA, sections 7–8 Privacy Act 2020, and fiduciary disclosure duties established under the Evidence Act 2006 and Criminal Disclosures Act 2008.

1. Claim and Cost Recovery Pathways

Due to ongoing administrative harm and the absence of lawful authority or verified contract, the Trust will pursue direct recovery through insurers rather than intermediaries acting as legal service providers to the Crown.

Please provide:
– Policy details and claim-lodgement procedures for each insurer;
– Confirmation of the Ministry’s self-insurance or Treasury Risk Management arrangements (if applicable);
– Details of any excess, limitation, or exclusions relevant to harm caused by administrative error or misapplication of authority.

This disclosure will enable lawful settlement of damages and restoration of affected Trust property without further conflict.

1. Authority and Notice

This notice is issued under the Private Trust Non-Disclosure Agreement (PTNDA) and the lawful authority of the Trustees of InLandsAirWater Counsel.

All further correspondence shall be directed to:

Attorney Office — InLandsAirWater Counsel (PTNDA)
PO Box 265, Queenstown
Email: [email protected]

Failure to respond or provide full insurance disclosure within 10 working days will be treated as a breach of fiduciary duty and an insurable event, giving rise to invoice enforcement under the Trust fee schedule.

By:Tracy Lynch
Attorney / Secretary – InLandsAirWater Counsel (PTNDA)
For:Trustees

Begin forwarded message:

From: Crown-Richard <[email protected]>
Date: Oct 29, 2025 at 7:51 AM
To: F Q <[email protected]>
Subject: FW: Partial transfer – Richard Powell (ref: 126889)

 

 

From: [email protected] <[email protected]>
Sent: Wednesday, October 29, 2025 7:40 AM
To: [email protected]
Cc: Official Information Act <[email protected]>
Subject: Partial transfer – Richard Powell (ref: 126889)

 

Tçnâ koe Richard,

We acknowledge receipt of your request partially transferred to the Ministry of Justice, under the Official Information Act 1982.  Specifically, you requested:

III. The costs incurred by the Justice Department and or the Invercargill District Court in hiring the court rooms, facilities, Judges, registrars for each hearing, expected costs for pretrial and trial.

This has been forwarded onto the relevant business unit to respond to.

The Ministry may publish the response to your request on our website, you can expect that if your OIA is to be published that this will take place at least 10 working days after it has been sent you. Your name and any other personal information will be withheld under Section 9(2)(a) (protect the privacy of natural persons).

You can expect a response by 14 November 2025.

Ngâ mihi nui,

 

Ministerial Services

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