Tracking down ex tenant's new address

[paul.geertson]

Hi from Hastings. I have had a positive out come from the tenancy tribunal in my favour. The problem is I don't have the ex tenant's new address so the court bailiffs can serve her.

I have the following information on the tenant, full name, DoB, Winz client #, Partner's name, relative's name and address in different city.

I searched the DBH website and came up with the following form and information sheets. "Application for contact information" form, Tenancy information sheet, your application for the release of address information was unsuccessful - what next? Tenancy information sheet, Finding a new address for someone when you are trying to enforce a sealed mediator or Tenancy Tribunal order. I also obtained a "Civil Address Request Form" from the court house.

According to the information sheet the DBH search the databases of the DBH, the Ministry of Justice and the Ministry of Social Development (?Winz)

Has anyone had success with this process and are there alternatives eg electoral role, IRD?

[charmed]

IRD arent going to give you any info and

the electoral roll may be out of date.

[Fuzz]

Charmed is correct, Electoral rolls are 3 years old and the Cheif Electoral Officer won't release any current enrollment info until the rolls are reprinted, claiming Privacy Act - complete BS. Its more than likely that your tenant will be the type who doesn't enroll and flies under the radar.

Unfortunately you are chasing civil debt and your pushing up hill all the way to get info. Now if you were a Govt Dept all the rules are in place to for information sharing to clolect the debt. Sucks Aye.

Lodge the Civil Address Request Form if it comes back with a "sorry no new information available to what your provided" Have the Bailiff go to the address again and if they come back with the "no longer living at that address: lodge a complaint with WINZ advising the the ex tenant is no longer living at the address you gave to the Bailiff. Whamo once WINZ stop the benefit your ex tenant will be into WINZ like grease lightening and give the new address. Normal excuse is forgot to change due to the stresses of moving blab, blab, give me back my entilement.

Give it a couple of months and file for the address info again, hopefully you have luck this time.

Alternatively give it to a Debt Collector, you can now have the Debt collection costs added the debt, provided you have the Debt Collect clause in your TA and have requested a TT Order for the collection costs.

Best of luck.

[Keys]

Read up on the Official Information Act together with the Privacy Act. Serve a request for address release on IRD to hand the address to the Courts.

[NIK]

Apply to them all---
DBH using their application for release information - and e-mail it right away and at the same time apply to
The Ministry of Justice and Ministry of Social Development using the Act Key mentions above - Confidential Address Reques - but be prepared that the OE might still return as 'unable to serve' as I had this happen 3 times in the last 13 months, continue to apply until you get the ******, you will eventually, also if you are unable to serve them at the address the Ministry of Social development supplies to court, ring up the allegation line and advise them that the person is not living there and probably never had that way WINZ will contact them and ask them to update their address then apply again!!! it worked for me but it took 13 months (OE finally tomorrow).
good luck

[paul.geertson]

Thanks everyone. I appreciate the advice. Will do the homework on Official Information Act and Privacy Act and send in the requests.

[Neongreen]

The key clause in the Privacy Act you want is (I'm completely paraphrasing here, since I'm too lazy to look it up) the one that states that agencies are allowed to disclose private information if the person they're disclosing it to is reasonably contemplating, or in the process of, taking the person to court.

Envisaged for just this sort of situation I'd assume. Write letters, quote the laws, don't let them off of it.

If you'd like to find them through other (legal) means, give me a shout and I'll see what I can do for you.

[paul.geertson]

: Tracking down ex tenant's new address

The key clause in the Privacy Act you want is (I'm completely paraphrasing here, since I'm too lazy to look it up) the one that states that agencies are allowed to disclose private information if the person they're disclosing it to is reasonably contemplating, or in the process of, taking the person to court.

Envisaged for just this sort of situation I'd assume. Write letters, quote the laws, don't let them off of it.

If you'd like to find them through other (legal) means, give me a shout and I'll see what I can do for you.

Does this sound like the key clause
"Limits on disclosure of personal information (principle eleven)
An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds –
(iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or"

Located at (privacy.org.nz/limits-on-disclosure-of-personal-information-principle-eleven)

[Neongreen]

That's the one, now use it to wreak havoc. But be aware 99% of the agencies you deal with won't know what the hell you're talking about so you will need to write them letters and include it, and bring their legal depts into the discussion where ever possible.

If you want, PM me his details and I'll run it through a few databases and see what I can dig up.

[Keys]

Don't forget to use the Ombudsman when they fail to deliver within the 20 working day limit.

[paul.geertson]

Thanks, I will