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J Shipley Ministerial Directive To Winz affects supplementary backpay to ACC.

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Posted 08 November 2005 - 08:39 PM


IN THE MATTER of Section 5 of the Social Security Act 1964-

To: The Director-General of Social Welfare

Pursuant to section 5(2) of the Social Security Act 1964, I, Jennifer Mary Shipley, Minister of Social Welfare, HEREBY DIRECT that in relation to the exercise of your powers contained in section 86A of the Act to recover monies as debts due to the Crown under section 86 of the Act:
  • That where a debt has been established, you will send a written notice to the debtor, stating that the debt has been established, specifying the amount of the debt, asking the debtor to contact the department so that arrangements for recovery can be made, and advising the debtor of his or her review and appeal rights.

  • If no satisfactory response is received within 1 week, you will send a further notice
    asking the debtor to contact the department so that arrangements for recovery can be made.

  • If no satisfactory response is received within two weeks of that second notice being
    sent, you will send a third notice informing the person that he or she has 10 days to contact the department and make satisfactory arrangements for the repayment of the debt, and that if he or she does not do so then a deduction notice may be issued.

  • You will send deduction notices to employers in preference to banks, unless recovery through the latter is the only realistic option available in the circumstances.

  • Deductions from bank accounts will be lump sum deductions. The level of the deduction will be based on the level of debt, and in setting the amount to be deducted, you will take into account the balance in the various accounts that the debtor has, the outgoings of that person (such as essential automatic payments, home mortgage repayments, etc) that are known to you, and the amount that the debtor could reasonably be assumed to require to live on for 1 week.

  • If a debtor approaches the department claiming that a deduction notice is causing hardship, you shall review the issue of the deduction notice talking into account any alternative method of payment offered by the debtor.

  • Nothing in this direction shall prevent you from carrying out your duty to consider each case on its own individual circumstances, and in special circumstances to not follow this direction eg where a debtor is about to leave the country.

  • This direction shall not apply if at any stage the person has given his or her written consent to a deduction notice being issued.

  • You shall not issue a deduction notice if the debtor has filed an application for a review or an appeal which has not yet been decided.

Dated this 12th day of July 1993

Jennifer Mary  Shipley Minister of Social Welfare

New Zealand Income Support Service    Page 7 of 25 Deduction Notice Policy & Procedures
22/07/93 06; 15 PM

Take note of this Ministerial Directive. WINZ are failing to inform of review rights when writing to ACC claimants requesting consent form be signed to consent to the payback of supplementary assistance.

WINZ fail to inform that by signing the WINZ consent form to pay back supplementary assistance out of your owed back pay from ACC, that by signing that consent form you give up your right to review the WINZ Decision.

Understand that, by excercising your right to review the WINZ decision, ACC do not have any further right to with hold your back pay monies from you. ACC only have the legislative provision to pay back in bulk the base taxable winz benefits, nothing more.

There are 2 (among others) items for discussion:
  • When exited from ACC and sent to deliberate poverty on WINZ, do you still manage to obtain proper access to medical treatment and rehabilitation services? Do ACC pay for those? yes/no? Do you miss out on proper access to medical treaTMENT AND REHABILITATION WHEN ON POVERTY winz?? Whjen on WINZ, often extra services/ supplementary assistance is requested and obtained under SUBSISTENCE LIVING AT THE TIME. That means, any medical /rehabilitation items you manage to get assistance from WINZ because of the ACC KPI exit targets to refuse you entitlements and treatment, the WINZ manner and method of writing to claimants with the consent form mean they are, by seeking the supplementary assistance(granted at the time of application when under subsistence living) means WINZ and ACC are effectively tag teaming to transfer injury medical treatment and rehab costs to the injured via the WINZ clawback methods.

  • It is known that ACC further pressure , possibly threaten, and stress claimants by writing to claimants stating that by not signing the WINZ supplementary assistance payback consent form and excercising your lawful right to review, ACC make claims that WINZ are refusing to give figures, therefore ACC cannot pay out what they owe you, this is of interest to find oput if ACC are invoking deliberate delays, if that is the case, then discuss the possibiilty of seeking a wrongful action againsty ACC. Ity is not your fault WINZ and ACC are tag teaming to deliberately disadvantage you.

i think you all need to consider the above and discuss it, not about individual cases, but how it is done to many to establish a record of management behaviour as WINZ, for a long time, have KPI systems for their staff too.

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#2 User is offline   hukildaspida 

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Posted 14 February 2013 - 03:45 PM

Jenny Shipley denies conflict
Chris Hutching | Thursday February 14, 2013 | comments

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Shipley's Mainzeal role 'clear conflict of interest' – Peters

Dame Jenny Shipley has issued a hot denial of conflict of interest over her Mainzeal directorship.

The accusations were fired in parliament yesterday by NZ First Leader Winston Peters.

He says her role as a director of Mainzeal conflicts with her position on the review board of the Canterbury Earthquake Authority.

The former National prime minister hired PR spin doctor Bill Ralston to write a media statement on her behalf refuting the accusation.

In a statement she says she "absolutely rejects" suggestions that her role in the CERA Review Panel – paying $1000 per day – constituted any conflict of interest due to her former role with the Mainzeal companies.

“The CERA Review Panel, of which I am a member, reviews proposed variations to rules, regulations and the law in relation to the Christchurch emergency powers and has no connection at all with the commercial letting of contracts,” she says.

“Accordingly, there is no potential for conflict of interest whatsoever.

“For the record, I have never claimed any fees or expenses for my CERA panel work because I felt that sharing my experience in this way was something I could contribute to Christchurch post earthquake.”

Dame Jenny enjoys $109,832 fees as Genesis Energy chairman.

Her directorship at Mainzeal ended when she and fellow board members, ex-Brierley chief executive Paul Collins and Clive Tibby, quietly resigned in January.

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#3 User is offline   hukildaspida 

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Posted 09 June 2014 - 12:39 PM

Degrees of difference on boards
5:30 AM Monday Feb 10, 2014


They were also less likely to have a leadership position such as chair, although some women such as Mighty River Power chair Joan Withers and soon to be listed Genesis Energy chair Dame Jenny Shipley have made it through to the top ranks

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