Order for Examination.

[Keys]

Morning guys.

I post this in Tenancy as those who may have the info will read it.

I will be posting a request under the OIA soon.

Here it is:

District Court
Private Bag 4618
Christchurch 8140

Dear Sir or Madam:

With reference to an Order For Examination.

Pursuant to the Official Information Act.

What are the powers of the court?
What are the duties of the court registrar?
What are the responsibilities of the debtor?
What are the powers of the creditor?
What are the priorities of the debtors commitments?
What are the consequences to the debtor for failing to comply?

Yours truly,

If you have any additional questions you want me to ask can you post them up here?

Ta.

[xris]

Hello keys,

Good luck getting a meaningful reply but something tells me you won't.

I do not think the OIA is relevant here anyway. The answers you want are embedded in publicly available legislation.

I would think a better question would be along the lines of:

"Under what legislation are you acting in this way, namely...."

The reply is likely to be something like:

"Under the Dangerous Dogs Act, the Prevention of Terrorism Act, and the Fencing of Swimming Pools Act."

You then need to plead with them to do things properly, which they will not, or take legal action against them for something or other.

For a quick burst of satisfaction you could also pick up the phone and speak to **** and tell them what you really think of them.

xris

[artemis]

Good idea, Keys. The advantage of an OIA request is that it must be responded to within a specified timeframe - 20 days. Perhaps you could add some questions which are not specifically covered in the legislation. For example, "please provide a copy of any departmental policies and procedures which the Department can apply in the case of a debtor who does not appear at an Order for Examination".

Government department procedures are usually very detailed. Once one has these, then a series of more specific questions can follow, such as - in the case of x v y, what were the department's reasons for not following procedures 1, 2 and 3. I guess would have to be a party to this.

It is a very powerful aspect of the OIA that one is entitled to ask for reasons for any decision made about oneself. I did this once, a few years ago. It went to the Ombusdman in the end, but I did get the information.

[Keys]

Good idea, Keys. The advantage of an OIA request is that it must be responded to within a specified timeframe - 20 days. Perhaps you could add some questions which are not specifically covered in the legislation. For example, "please provide a copy of any departmental policies and procedures which the Department can apply in the case of a debtor who does not appear at an Order for Examination".

Government department procedures are usually very detailed. Once one has these, then a series of more specific questions can follow, such as - in the case of x v y, what were the department's reasons for not following procedures 1, 2 and 3. I guess would have to be a party to this.

It is a very powerful aspect of the OIA that one is entitled to ask for reasons for any decision made about oneself. I did this once, a few years ago. It went to the Ombusdman in the end, but I did get the information.

Another good thing with the OIA is that they can't "change their mind" unless "policy" or "legislation" have been changed.

I've copied your suggested question. Ready to be sent.

I'll send it sometime next week, just in time to have the Christmas holidays involved in the required reply time.

[artemis]

Actually I think it is 20 working days, so depends what they call a "working day" over Christmas. From my government days (long ago) some of the days bewtween Christmas and New Year were counted as non working days, as well as the usual holidays of course.

[xris]

Good idea, Keys. The advantage of an OIA request is that it must be responded to within a specified timeframe - 20 days. Perhaps you could add some questions which are not specifically covered in the legislation. For example, "please provide a copy of any departmental policies and procedures which the Department can apply in the case of a debtor who does not appear at an Order for Examination".

Government department procedures are usually very detailed. Once one has these, then a series of more specific questions can follow, such as - in the case of x v y, what were the department's reasons for not following procedures 1, 2 and 3. I guess would have to be a party to this.

It is a very powerful aspect of the OIA that one is entitled to ask for reasons for any decision made about oneself. I did this once, a few years ago. It went to the Ombusdman in the end, but I did get the information.

I wholeheartedly agree with this general approach of keys even if I am somewhat cynical about the end result.

Artemis has made some good points although cynical I remain.

Having to respond is one thing; getting a response is another.

there are plenty of thinfs they should do that they do not do, so why should this be any different. You will find that senior management at the CU is somewhat lacking in brain cells which does not help the matter.

Keys, if you have the stamina then go for it, I am right behind you.

xris

[Keys]

I wholeheartedly agree with this general approach of keys even if I am somewhat cynical about the end result.

Artemis has made some good points although cynical I remain.

Having to respond is one thing; getting a response is another.

there are plenty of thinfs they should do that they do not do, so why should this be any different. You will find that senior management at the CU is somewhat lacking in brain cells which does not help the matter.

Keys, if you have the stamina then go for it, I am right behind you.

xris

Ombudsman

It's fun, sometimes, to use their system against them.

[artemis]

Keys, if you can come up with a question to which you already know the answer, you may be able to assess whether you are being fobbed off or not.

[Perry]

I agree, generally, all round.

Best of luck! You may need
some of that, too.