There is a parallel story to the ACC scandal that has already cost Nick Smith his Ministerial career, and may well cost other Ministers or senior public servants theirs. It is a story that no-one apart from Kevin Hague appears to be telling.Click here to read the rest of this post.
That is the story of how ACC claimants are being treated (or mistreated) by ACC.
Key Points:Click here to read more.
• Collins set to survive ACC scandal but defamation actions expected to fail
• “Beehive staffer” most likely culprit for Boag email leak
• Police expected to investigate while new stock launched on probability of Prime Minister announcing an inquiry
• Nick Smith looks safe from further sanction and has 1/3 chance of being re-appointed a minister by year’s end
• National appears unaffected by scandal with new stocks on next TVNZ poll launched overnight
• Labour still favoured to win next New Zealand election
Cabinet Minister Judith Collins has been labelled "thin-skinned" for threatening legal action against two Labour MPs and a news organisation over the ACC privacy fiasco, an accusation that is either sound or scurrilous, depending on whose side you're on.© 2012 Fairfax NZ News
While some will argue Ms Collins is being, in NZ First leader Winston Peters' words, "a tad hysterical", others will say she has every right to protect her reputation if she thinks it's been unfairly besmirched.
What seems far more clear-cut, though, is the political wisdom of such a heavy-handed response from the ACC Minister. Quite simply, there is none.
This Government has lost complete control of its agenda, lurching from faux pas, to own goal, to scandal as its message is drowned out by a cacophony of peripheral noise.
Ms Collins might feel personally justified in taking defamation proceedings against Radio NZ and Labour MPs Andrew Little and Trevor Mallard, but she's only throwing fuel on a fire her Government needs to extinguish.
Ms Collins has been questioned about who leaked an email containing personal details about ACC claimant Bronwyn Pullar, but says she's "100 per cent certain" the leak wasn't from her or her office. If she's so confident of her position, it would have been eminently more sensible to hold her ground and let the saga blow over.
Instead, she's thrown the parliamentary press gallery another angle to the controversy, which will fill column centimetres that could have otherwise been dedicated to what the Government is trying to achieve to better the lives of New Zealanders.
Much like Prime Minister John Key's handling of the so-called "tea tapes" controversy, Ms Collins' strong stance has only upped the ante, when taking a bit of short-term political pain and moving on would have been much smarter.
National needs to pull itself out of the political mire it's in and get back on message. At the moment, the Opposition is having to do little more than watch the Government repeatedly punch itself in the face, then rub a bit of salt into the wounds.
While the public finds the intrigue surrounding political scandals mildly entertaining, they're far more interested in issues that affect their daily lives – the state of the economy, the cost of living, the standard of health services, the availability of jobs.
If National is to shake itself out of its funk, it needs to be far more disciplined in managing the political agenda. It needs the public to be discussing the merits of its policies, not the thickness of its ACC Minister's skin.
Labour has rubbished Michelle Boag's explanation of why John Key's name was used in support of her friend Bronwyn Pullar's $14 million insurance claim in 2007 while Mr Key was Leader of the Opposition.© 2012 APN Holdings NZ Ltd
Former National Party president Ms Boag was in damage control mode yesterday as the ongoing ACC fiasco, centred on her ACC claimant friend and former party activist Ms Pullar, drew in the Prime Minister and other prominent party members.
It emerged this week that a letter Sovereign Insurance wrote to Ms Boag in 2007 referred to 28 people it identified as members of Ms Pullar's "claimed support/advisory team" including Mr Key, Dame Jenny Shipley, and former minister Wayne Mapp.
But Ms Boag yesterday denied the names were a list of supporters.
"One of her advisers, anticipating that a confidential settlement might be reached, said it would be wise to include all the people who were aware of the dispute so that if any of them asked afterwards, Bronwyn would not be accused of breaching confidentiality."
But Labour's ACC spokesman, Andrew Little, said that explanation lacked credibility.
"I have severe doubts that what she said is the case," he said.
In a statement yesterday, Ms Pullar said she recalled only one conversation with Mr Key where she made him aware of her situation and that was before he became leader of the National Party. "I was very distressed at the time and I took the opportunity to vent my frustrations.
"He listened politely, but I did not ask him to do anything and he did not offer to assist."
Mr Key denies being involved in a support team for Ms Pullar.
Sovereign yesterday said it would not release the correspondence that preceded its 2007 letter unless Ms Boag and Ms Pullar gave their consent. Ms Pullar refused to do so.
Ms Pullar is the woman who was mistakenly sent the private information of 6700 other ACC clients in July last year and allegedly tried to use it as leverage to secure benefits.
Police are now investigating.
And the Privacy Commissioner is investigating ACC's privacy policies and matters around the leak of information to the media.
Opposition parties want an independent inquiry into Ms Pullar's use of her political links in pursuit of ACC claims for cycling injuries.
Prime Minister John Key has revealed he and his staff took the extraordinary step of combing through his parliamentary and electorate office files for evidence of any official contact with ACC claimant Bronwyn Pullar as her case drags National into a widening ACC scandal.© 2012 Fairfax NZ News
Mr Key said the search confirmed there had been no contact other than at social functions where Ms Pullar had raised her beef with ACC with him.
A letter from Ms Pullar's private insurance company Sovereign detailing a $14 million claim was leaked on Thursday. It showed Mr Key's name on a list of high-profile people who were claimed to be Ms Pullar's supporters.
Ms Pullar yesterday said Mr Key had not helped her with her claim and she had only one conversation with him about her fight for compensation.
"It was at a National Party Christmas function in Auckland when he was the MP for Helensville. I was very distressed at the time and I took the opportunity to vent my frustrations. He listened politely, but I did not ask him to do anything and he did not offer to assist."
Ms Pullar said she had been asked by "one of her advisers" to write a list of people who knew about her dispute with Sovereign. The letter referred to her $14m claim but it is understood she settled with the insurer for about $1m.
Mr Key said it was nothing new for him to be a victim of name dropping, but he knew he had nothing to hide.
"I've never been part of any support group or advisory group. I don't have Bronwyn Pullar's mobile phone or any other phone number in my phone. I've never rung her. I've gone through all my electorate office and/or parliamentary office files. There has never been any correspondence received from her or sent to her," he told Close Up.
"If anyone believes I'm not telling the truth, well, bring out the information and good luck to you because you'll have to be imagining a situation I wasn't involved in."
National is being torn apart by a series of leaks which resulted in the downfall of former ACC Minister Nick Smith, who got involved in Ms Pullar's case without declaring a conflict of interest over their close friendship. Speculation over the source of one of the leaks this week saw ACC Minister Judith Collins threaten to sue Labour MPs Andrew Little and Trevor Mallard and Radio New Zealand. But after the two MPs failed to meet a 5pm Thursday deadline to apologise, Ms Collins yesterday refused to comment on her next step.
Fate drew three of the central figures in the saga – Ms Pullar, support person Michelle Boag and Mr Key – to Queenstown yesterday. Ms Boag was the author of the email to Ms Collins which which was leaked. Ms Collins has denied that she or her office leaked it.
But while Ms Boag and Ms Pullar apparently caught up, lunching together in Queenstown, Ms Boag and Mr Key never crossed paths, despite being at the same golf tournament.
Sovereign general manager of marketing David Drillien said yesterday he was "very confident" the letter, shown on television had not been leaked by his company.
"It looked to me like it was an original that was mailed out."
Sovereign had an electronic copy of the letter which was only accessible to a few people, he said.
Prime Minister John Key was last night dragged into the widening ACC scandal and forced to deny a report he was part of a group of senior National Party figures who backed Bronwyn Pullar's bid for a $14 million insurance payout.© 2012 APN Holdings NZ Ltd
Mr Key's denial came at the end of a day in which ACC Minister Judith Collins sued Opposition MPs over allegations she leaked an email relating to Ms Pullar, and Ms Pullar claimed she used "stealth" software to monitor ACC's handling of her claim.
It also emerged in Parliament that the Green Party recently received the sensitive information about 6700 ACC claimants that was sent to Ms Pullar, sparking the affair, but returned it to the corporation.
TVNZ current affairs programme Close Up last night said it had received a letter written by Sovereign Insurance to former National Party president Michelle Boag in 2007. The letter named 28 people, among them prominent National Party figures including John Key and former Prime Minister Dame Jenny Shipley, as supporters of Ms Pullar as she sought a $14 million payout from the company in relation to injuries she suffered in a 2002 cycling accident. The claim, Sovereign said in the letter, was "greatly in excess of her entitlement".
Ms Boag is a long-standing friend of Ms Pullar who supported her during her battle with ACC, including attending a December meeting with ACC which has sparked investigations by the police and the Privacy Commissioner.
In the letter, Sovereign noted, it had been given a list of members of Ms Pullar's "claimed support/advisory team". The list included Sir Selwyn Cushing, Mr Key, Dame Jenny and Dr Wayne Mapp.
Mr Key was at the time the Leader of the Opposition. He has said he met Ms Pullar when he first entered politics - which was shortly after her accident - but had not had any contact with her since he became National Party leader.
Last night, he issued a statement saying: "I have not been involved in any 'claims support' or 'advisory team' for Bronwyn Pullar.
"The claim in the letter that I was part of such a team in 2007, or indeed any other time, is wrong."
Dr Mapp, a former minister who was an MP at the time, last night told Close Up he had met Sovereign to discuss the matter
"I simply facilitated some meetings ... they ultimately led to a settlement."
The Herald understands that settlement was in excess of $1 million. Ms Pullar did not respond to the Herald yesterday.
The letter preceded those that Nick Smith wrote in support of Ms Pullar's ACC claim while he was ACC Minister and which led to his resignation from Cabinet last week.
Green Party co-leader Russel Norman last night said the Sovereign letter "raises the question of whether John Key did declare his full involvement in this case".
"It also raises the question of whether, in the conduct of his private investigation into Nick Smith's conflict of interest, he too had a conflict of interest.
"These are questions that only an independent inquiry can legitimately answer."
Ms Collins, the current ACC Minister, yesterday initiated defamation action against Labour MPs Trevor Mallard and Andrew Little and also Radio NZ over allegations about the leaking of an email sent by Ms Boag to Ms Collins concerning Ms Pullar's claim. She demanded an apology from the pair, but Mr Mallard said Ms Collins' action was "an attempt to gag members of parliament, inside and outside of the House".
Meanwhile, it was reported that when Ms Pullar emailed Dr Smith's letter to ACC in support of her claim last year, she did so using software enabling her to track each time it was opened and who it was forwarded to without the knowledge of the email's recipients.
Internet security expert Peter Gutman, of Auckland University, said such "web bugs" were uncommon.
"Spammers use it on a massive scale, and beyond that it's used only by security geeks."
The Green Party says it is now essential an independent inquiry is held into the Bronwyn Pullar affair following the release of correspondence that potentially implicates John Key in the saga. John Key is listed as a supporter of Bronwyn Pullar in a letter to Sovereign Insurance regarding her multi-million dollar private insurance claim in 2007, when he was the leader of the opposition.http://www.scoop.co.nz/stories/PA1203/S00404/key-letter-means-independent-inquiry-needed.htm
“This raises the question of whether John Key did declare his full involvement in this case,” said Green Party Co-leader Dr Russel Norman.
“It also raises the question of whether, in the conduct of his private investigation into Nick Smiths conflict of interest, he too had a conflict of interest.
“These are questions that only an independent inquiry can legitimately answer.
“In Parliament John Key ruled out an independent inquiry that could have revealed this potential conflict of interest.
“An independent inquiry would establish if the Prime Minister had a conflict of interest at the point that he investigated Nick Smith.
“If it is true that the Prime Minister has no knowledge of being named in the Sovereign letter, or that his support of Bronwyn Pullar was as he has previously described it, then he has nothing to fear from an independent inquiry.
“New Zealanders have the right to have confidence in the propriety and actions of their Government. Only an independent inquiry can assess that,” said Dr Norman.
A letter leaked to TV ONE's Close Up draws a link between Prime Minister John Key and attempts by former National Party president Michelle Boag to persuade an insurance company to pay up $14 million. It's the latest twist in a saga that started with Boag advocating for her friend and former National Party activist Bronwyn Pullar who suffered a head injury in 2002.© 2012 Television New Zealand Ltd
The letter, sent from Sovereign Insurance to Boag in 2007, was passed on to Close Up anonymously. The letter names National Party heavyweights, including Key and former Prime Minister Jenny Shipley, in an attempt to get more than $14 million to settle an income insurance claim by Boag's friend Bronwyn Pullar. Sovereign says the claim was "greatly in excess of her entitlement".
Boag and Pullar are close friends and have a long association through the National Party. Pullar helped Boag successfully campaign for the party's presidency.
The wider party links emerge in the leaked correspondence with Sovereign noting: "We have been supplied with a list of 28 named people who are members of Bronwyn's 'claims support/advisory team'. This list includes prominent individuals such as Sir Selwyn Cushing, John Key, Jenny Shipley and Wayne Mapp."
At the time Key was National Party leader and in opposition.
After the resignation of minister Nick Smith for writing a letter in support of Pullar, the Prime Minister described his own relationship with Pullar as distant.
"I first met her when I came into politics in 2002. She was friends at that point with Michelle Boag and continues to be so," Key said at the time.
"I saw her at a few National Party events. For the life of me I can't remember seeing her ever since I've been a leader of the opposition, so it would be a good five or six years."
Claim 'wrong' - Key
Key issued a statement today saying he has not been involved in any "claims support" or "advisory team" for Pullar.
"The claim in the letter that I was part of such a team in 2007, or indeed any other time, is wrong."
Sir Selwyn told Close Up he had gone in to bat for Pullar and he said Sovereign's then chief executive conceded to him they had handled her claim badly.
The letter claims Wayne Mapp, who was an MP at the time, also had a meeting with Sovereign.
"I simply facilitated some meetings," Mapp told Close Up. "They were very professional and proper meetings and they ultimately led to a settlement."
Mapp says he does not know who put the list together.
"I've not seen this particular letter myself. What I did was assist Bronwyn, who was assisted by Michelle, for her to be able to get compensation for her injuries based on the insurance policy she was paying for."
Dame Jenny Shipley told Close Up she was not aware of any list and had not attended any meetings. She said she did not want to get drawn into it.
The Sovereign letter also addresses what it considers threats by Boag if it did not pay the multi-million dollar claim. It states: "For nearly 18 months Bronwyn and her advisers, including yourself personally, have been saying to us that if we did not settle Bronwyn's claims against us in a way acceptable to Bronwyn that she would 'go to the media'. The inference we drew from this was that you would seek to obtain media coverage that would be detrimental to Sovereign."
Sovereign Insurance, which is now part of the ASB group of companies, eventually settled a lump-sum payment thought to be over $1 million.
Boag initially told Close Up she could not remember the letter and that she does not even remember writing to Sovereign herself. When prompted about the list of prominent people, she said that was Sovereign's definition and she had never supplied any list.
On the issue of threats to go to the media, Boag said that was redundant as she had already at that stage talked to the media.
Pullar did not return Close Up's calls.
Renewed calls for inquiry
The Green Party says it is now "essential" an independent inquiry is held into the ongoing saga.
"This raises the question of whether John Key did declare his full involvement in this case," Green Party co-leader Russel Norman said in a statement tonight.
"It also raises the question of whether, in the conduct of his private investigation into Nick Smith's conflict of interest, he too had a conflict of interest.
"These are questions that only an independent inquiry can legitimately answer.
Key has ruled out an independent inquiry to look into potential conflicts of interest.
"If it is true that the Prime Minister has no knowledge of being named in the Sovereign letter, or that his support of Bronwyn Pullar was as he has previously described it, then he has nothing to fear from an independent inquiry," Norman said.
Otago University political scientist Bryce Edwards said with Mapp admitting he gave his consent for the letter, "there's a lot of smoke" and Key needs to front up.
"He has to answer a bit more than just saying 'oh I wasn't part of any team'," Edwards told Close Up. Edwards described the letter as a "remarkable insight" into how the New Zealand political class operates.
"It shows how people operate using their well connected friends to basically intimidate people. I think a lot of people will be astounded by this.
"There's nothing necessarily illegal about that but it does bring up a sense of legitimacy.
"Would the public see this as legitimate to use these connections. I don't think they would."
It has been confirmed that ACC Minister Judith Collins is planning legal action against Labour Party politicians Andrew Little and Trevor Mallard and Radio NZ for alleged defamation. It follows confirmation the Privacy Commission will investigate the email Ms Collins received from former National Party president Michelle Boag which helped end her colleague Nick Smith's ministerial career.© 2012 APN Holdings NZ Ltd
Ms Collins has announced she is taking legal action for allegedly defamatory comments made outside the House by the two Labour Party politicians, and also the radio station. While she initially would not name who the MPs or the media outlet were, she confirmed their identities this afternoon.
Labour deputy leader Grant Robertson says the MPs involved in Ms Collins legal bid are Mallard and Little, and they had received papers. Mr Roberson said he did not want to comment on the legal action, "other than to say we are doing our job holding the Government to account".
"There are serious questions to be answered here about the trust and confidence from the Government about how information about a private individual made its way into the public arena."
"Untrue and defamatory statements have been made about me and my conduct in relation to the handling of information I received concerning an ACC claimant," Ms Collins said in a statement this morning.
"I value my reputation and take very seriously any accusations that I have acted improperly. This is not a course of action I take lightly.
"I have made myself extremely clear from the outset, that neither I, nor my office, has played any part in the release of the claimant's name to the media."
Ms Collins denied to Radio Live the move was a ploy to close down debate on the issue.
Confirmation that Privacy Commissioner Marie Shroff will investigate the email's trail from Ms Boag to an eventual report in the Herald on Sunday came as Labour claimed Ms Collins, National Party operative Simon Lusk and right-wing blogger Cameron Slater all played a part in the leak. In the email, Ms Boag set out her account of a December meeting she attended between ACC claimant and former National Party insider Bronwyn Pullar and senior ACC managers.
All recipients of the email, including Ms Collins, ACC chief executive Ralph Stewart and ACC chairman John Judge have denied leaking the email to the Herald on Sunday.
The Herald on Sunday's report named Ms Pullar as the woman at the centre of a major privacy breach at ACC and identified Ms Boag as her support person at the December meeting. At that meeting ACC claims Ms Pullar attempted to strike a deal to exchange the private information of thousands of other ACC claimants in return for a guaranteed benefit. It subsequently emerged that Dr Smith, who was ACC Minister, wrote two letters supporting his old friend Ms Pullar's pursuit of her ACC claim, errors for which he resigned last week.
Ms Collins said the investigation, which she was told of early yesterday after a discussion with Ms Shroff on Tuesday night, was a "very good idea". The commission's work "may involve computer forensic investigation", she said. "Frankly I welcome that."
Labour has been pressing for the Auditor-General to investigate Ms Pullar's use of her political connections to advance her ACC case and the role of ACC's board in setting up the December meeting.
In Parliament yesterday, Labour's Trevor Mallard questioned Ms Collins on her handling of Ms Boag's email, asking whether she or any of her staff discussed its contents with Mr Lusk. Ms Collins said she had not, but Labour's deputy leader, Grant Robertson, pressed the attack later in a general debate.
"We know there are many National Party figures involved in this, with the mention of Simon Lusk's name. So we want to know about Simon Lusk's phone calls to Judith Collins' office."
Mr Robertson called on Ms Collins to ensure all emails in and out of her office, text messages and phone calls were made available to the Privacy Commissioner. Mr Lusk was the manager of the Vote for Change campaign against MMP last year and among other roles has served as Napier MP Chris Tremain's campaign manager, in 2008.
WHO SAW EMAIL
* Michelle Boag - the sender of the email and Bronwyn Pullar's friend and supporter.
* ACC Minister Judith Collins - the recipient of the email who then forwarded it to:
* ACC chief executive Ralph Stewart and his secretary, and:
* ACC chairman John Judge.
ACC Minister Judith Collins today announced she is taking action against two Labour Party MPs and one media organisation under the Defamation Act.http://www.scoop.co.nz/stories/PA1203/S00383/acc-minister-initiates-defamation-proceedings.htm
“Untrue and defamatory statements have been made about me and my conduct in relation to the handling of information I received concerning an ACC claimant.
“I value my reputation and take very seriously any accusations that I have acted improperly. This is not a course of action I take lightly.
“I have made myself extremely clear from the outset, that neither I, nor my office, has played any part in the release of the claimant’s name to the media.
“The Privacy Commissioner is now investigating the issue, which is the right thing to do.
“I fully support the Privacy Commissioner and welcome her report on the matter,” Ms Collins said.
ACC Minister Judith Collins says she's taking defamation proceedings against two Labour MPs and a news organisation. She says they have defamed her outside of Parliament, but won’t name them. Ms Collins says she takes her reputation seriously, which is why she is launching proceedings today.© 2012 MediaWorks TV
Labour wants a QC or a judge to hold an inquiry into the leaked email. There's a political firestorm around the email because only four people are known to have had access to it - Ms Collins, a member of her staff, ACC chairman John Judge and chief executive Ralph Stewart. Ms Collins says her office didn't leak it to the media and Mr Judge says it didn't come from ACC. The email detailed a meeting ACC claimant Bronwyn Pullar had with corporation officials, and was sent to Ms Collins by former National Party president Michelle Boag who was helping Ms Pullar with her claim.
Privacy Commissioner Marie Shroff is going to investigate the leak but Labour MP Trevor Mallard says that's not good enough. He says the investigation should be raised to the level of a full ministerial inquiry.
"The privacy commissioner can't put people under oath or require information in the way a QC or a judge doing a ministerial inquiry could," he said on Thursday.
"We need someone with those powers to conduct and organise a proper inquiry."
Ms Collins has told parliament the leak didn't come from her office but she's admitted a hard copy of the email was printed.
"We now have electronic copies and hard copies running around and we need someone who can look at faxes, emails and text messages," Mr Mallard said.
He disclosed to Radio New Zealand on Thursday that he's been receiving information for a year from a source who knows about "internal things within the National Party" and hinted he knew more about the email than had been revealed so far.
ACC Minister Judith Collins says she did not leak an email which is now part of a Privacy Commission inquiry. The Privacy Commissioner is investigating how the name of ACC claimant Bronwyn Pullar ended up in the media.© 2012 Radio New Zealand
Ms Pullar's name and information about her dealings with the Accident Compensation Corporation were leaked to a newspaper in early March. The information came from an email sent to Judith Collins by Ms Pullar's friend, former National Party president Michelle Boag, who says she did not leak it.
Labour Party MP Trevor Mallard says National Party supporter Simon Lusk acted as a conduit between the ACC Minister and one of her blogger friends with the information. Mr Mallard told Radio New Zealand's Morning Report programme on Wednesday he does not believe the Privacy Commissioner has the powers or technical skills to find out how it was leaked.
"The other thing that she can't do is, she can't put people on oath and she can't require information in the way that, for example a QC or a judge doing a ministerial inqiury could."
Judith Collins told reporters on Wednesday that Simon Lusk is not someone she or her staff have dealings with.
But Labour's ACC spokesperson Andrew Little says it should not be too hard for a well-trained investigator to find out what the trail was and where it came from. He believes Judith Collins is right in the thick of it.
"I think she's got to think very hard about how it could have got out. Because at the moment, she was the one who it was addressed to who got it from Michelle Boag and she's the obvious suspect.
"So you've got to have pretty good evidence to get her off the hook."
The chairman of the Accident Compensation Corporation board says the leak did not come from ACC.
The letter that led to Nick Smith's Cabinet resignation was repeatedly viewed by an ACC case worker a week before it was leaked to media – and three times on the day before it first appeared in a newspaper.© 2012 Fairfax NZ News
The ACC staffer who reread the letter was previously Bronwyn Pullar's case manager. The case manager – Jo Parker-Dennis – was taken off Ms Pullar's case six months ago, at Ms Pullar's request, after clashes over how her compensation claim was being handled.
Dr Smith resigned as a minister last week after it was revealed he wrote a letter supporting Ms Pullar, while he was ACC minister, on July 7 last year.
A hunt is on for who has leaked private ACC information about Ms Pullar to media. ACC Minister Judith Collins has repeatedly stated it was not her or her staff.
Ms Pullar sent Dr Smith's emailed letter to Ms Parker-Dennis on July 14. Ms Pullar forwarded the email using computer software that allows her to track each time her email has been opened and who it is subsequently forwarded to.
Ms Pullar is now demanding answers as to why her former case manager re-viewed Dr Smith's letter four times between March 13 and March 19, the day before the New Zealand Herald published details of the contents.
Ms Parker-Dennis opened the letter three times the day before the story broke, Ms Pullar said. She believes Ms Parker-Dennis had no legitimate reason to re-read the letter, given that she was no longer her case manager, days before its contents were leaked.
"So why did she seem to have such pre-occupation with that email [this month] and none at all with others around the time the letter was sent by Nick?"
The NZ Herald reported the anonymous source who leaked Dr Smith's letter was an ACC client who contacted the paper because she did not get "those kind of privileges ... we don't get to have meetings with senior managers or the board".
ACC declined to comment on Ms Parker-Dennis' actions yesterday, citing the independent review under way of the corporation's processes and procedures.
The Dominion Post revealed on March 13 that ACC had committed one of the biggest privacy breaches in New Zealand history when a staff member accidentally emailed thousands of clients' details. Ms Pullar was later identified by media as the recipient.
Ms Parker-Dennis reopened Dr Smith's letter at 12.37pm on March 13. It was the first time she had opened the document this year, Ms Pullar said. "She had no business going back into my file because if she was looking for the email containing the mass privacy breach ACC had been clearly told that was an email sent to me, not one I sent to them."
The email tracking software Ms Pullar attached to Dr Smith's email shows it was received by Ms Parker-Dennis on July 14 last year. Ms Parker-Dennis forwarded the email to three senior ACC managers.
Ms Pullar said she later had Ms Parker-Dennis removed as her case manager because the pair had developed a "fractious" relationship.
Ms Pullar's ACC claim relates to compensation for a head injury she suffered in a 2002 cycling accident. ACC had suggested she had a pre-existing "mental health condition" before the accident. But Ms Pullar said she was medically certified fit to hold a pilot's licence. ACC was "fully aware" she had no previous mental health or neurological conditions.
"It was typical of how ACC is going on fishing expeditions of so many of its clients to collect medical records that have no relevance to their injury claim as a way to get rid of clients and reduce [ACC's] liabilities."
TIMELINE
March 13: The Dominion Post reveals an ACC claimant, later identified as Bronwyn Pullar, had been emailed details of 6752 ACC clients. At 12:37pm that day – 242 days after first receiving a letter from then ACC minister Nick Smith – ACC case manager Jo Parker-Dennis reopens that email.
March 19: Ms Parker-Dennis again re-reads the email containing Dr Smith's letter at 10.22am, 10.43 am and 3.22 pm.
March 20: The day the New Zealand Herald publishes the contents of Dr Smith's letter, Ms Parker-Dennis again opens the email at 9.51am.
As you scan this list, please reflect on the fact that every one of these reminds me of issues other claimants have brought to me, and are endorsed by claimant organisations, lawyers and service providers who deal with ACC on a regular basis. And ask yourself if it is okay for this catalogue of issues to go uninvestigated (except for the privacy ones), as Government intends.© 2012 The Green Party of Aotearoa New Zealand
Legislation, Guidelines & Code Breaches by ACC:
1. Repeated non disclosure of correspondence regarding Bronwyn’s claim when requested.
2. Extensive disclosure of other claimant’s information to Bronwyn
3. No ability to restrict unauthorised access by 2500+ ACC staff and contractors to files, or medical files
4. Medical records (considered in law to be the most sensitive of personal information) are not given protection which is appropriate to their status and are treated as general documents.
5. Lack of procedure around dealing with statements of correction to incorrect reports
6. Threats of legal action against Bronwyn’s GP for refusing to disclosure non-injury information. Misuse of criminal provisions in ACC legislation.
7. Collection of information for an unlawful purpose
8. False written and oral statements by ACC staff with the purpose of unlawfully procuring medical reports for pecuniary purposes.
9. Defamatory statements by ACC employees
10. Exceeding lawful powers by investigating injuries for which no claim has been made.
11. Derogatory emails by ACC staff
12. Excessive Access to Bronwyn’s files – 1948 accesses within 3½ years, by about 150 different individuals, of which 1100 were in a single one year period.
13. Staff accessing files against management instructions
14. ACC167 Consent – used to coerce claimant’s into authorising otherwise unlawful collections of information.
15. Collection of personal information without claimant’s knowledge &/or attempted collection without knowledge
16. Collection and attempts to collect information unrelated to injury/claim
17. Imbalanced and biased decision making by Corporation
18. Covert/inappropriate communication to assessors which bias & negatively influence outcomes against claimants
19. Decision making without reviewing EOS
20. Lack of workability of electronic medical file for lawfully compliant decision making
21. Coercion, Harassment & Bullying, Unreasonable approach in management of claims. Use of threats of disentitlement to coerce
22. Dictatorial approach of Case Managers, failure to make reasonable accommodations for claimant needs.
23. “cherry picking” of unfavourable phrases from medical reports which contradict the ultimate conclusion.
24. ACC abusing its monopoly position by limiting the pool of qualified medical assessors to a select group (some individuals assessors are paid up in excess of $1 million annually for services), leading to the appearance of bias and unfair market practises.
25. Failure to demand adherence of staff to State Services Code of Conduct and to take appropriate action for breach
26. Failure of Office of Complaints Investigator to independently investigate complaints
27. Failure of Office of Complaints Investigator to follow a reasonable process when conducting investigations
28. Failure of Office of Complaints Investigator to validate the responses provided by ACC with the claimant for accuracy
29. ACC’s case management approach to Bronwyn is disruptive and destructive of her ability to rehabilitate/work part-time
30. ACC staff deliberately lying and writing false reports
31. ACC staff making clinical decisions without appropriate qualification
32. ACC staff making clinical assessments without medical competency
33. Deliberate interference in independent medical assessments
34. Prejudicial correspondence with independent assessors prior to assessments communicating ACC’s desired outcome – that injuries are spent &/or due to non-injury causes
35. Provision of unqualified, non-specialist opinions, by ACC internal medical advisors, contradicting existing specialist advice, prejudicing independent assessors and compromising their independence
36. Branches/Units having Case Managers who made an initial decision then conduct an administrative review of a matter before being sent to DRSL for review
37. Taking advantage of disabled claimants for actuarial/financial gain
38. Poor decision making which adds cost to the Corporation
39. Poor OCI processes which adds cost to the Corporation
40. Lack of flexibility over assessments/appointments/referrals
41. Lack of reasonable consultation and flexibility over assessments/appointments/referrals
42. Unreasonable referrals/assessments processes which are exploitative e.g., chaperones, multi-party assessments, lack of privacy & dignity;
43. Focus on avoiding liability at the expense of effective early rehabilitation
44. ‘Silo’ culture where case managers are unaware of ACC’s own research into rehabilitation best practice
45. Constant churn of case managers – each new case manager is unaware of the medical evidence on file leading to poor decision making and is unaware of claimant’s issues; Avoidance strategy for accountability of actions.
ACC Minister Judith Collins is welcoming an investigation by the Privacy Commissioner into a leaked email sent to her from former National Party president Michelle Boag. The email contained information about ACC claimant Bronwyn Pullar, but Collins and ACC management have denied leaking it to the media.© 2012 Television New Zealand Ltd
Pullar was inadvertently sent an email from an ACC employee which contained the private details of 6700 ACC claimants, including victims of sexual abuse and other violent crime. The leaked email had Boag's account of a December meeting where she and Pullar met with ACC management to discuss the privacy breach.
Pullar claims she promised not to divulge the personal details. She said ACC then leaked her name and details to the media, in an attempt to "destroy my privacy and reputation". An ACC report to Minister Judith Collins claimed Pullar threatened to go public about the breach unless the corporation gave her a "guaranteed benefit payment for two years".
The new investigation could include forensic scrutiny of computers used by Collins and her staff. Collins said she would be "very happy" for her computer to be examined.
Meanwhile, Labour is continuing to question the Government on who knew about the email. In Parliament today, Labour MP Trevor Mallard asked if the contents of the Boag email were discussed with Simon Lusk, who has worked on campaigns for a number of National Party MPs.
Collins said Lusk has no involvement with the email.
"I'm just staggered by Mr Mallard's comments today," she told media. "I'm not going to try and work out Mr Mallard's mind, I think he's still working it out himself."
The Privacy Commissioner has expanded her investigation into ACC to find out who leaked the name of ACC claimant Bronwyn Pullar to the media.
Another investigation in to privacy breaches at ACC has been launched, with the Privacy Commissioner set to make forensic investigations of computers over a leaked email.© 2012 Fairfax NZ News
ACC Minister Judith Collins today said she had been told by Privacy Commissioner Marie Shroff that an investigation was under way in to the leaking of personal details about ACC client Bronwyn Pullar.
Collins has insisted she is "100 per cent certain" neither she nor anyone in her office was responsible for the leak of an email about Pullar.
Collins yesterday said the email, from former National Party president Michelle Boag, had been forwarded only to ACC board chair John Judge and chief executive Ralph Stewart. Both have told Collins they do not know who leaked the email and Boag has also denied responsibility.
Collins today admitted she had printed out the email, but she maintained the leak had not come from her office. She has already twice assured Prime Minister John Key she was not responsible after he sought guarantees.
"It's now a matter for the Privacy Commissioner and I think that's the right place for it to be," Collins said today.
"The Privacy Commissioner has indicated to me that any investigation may well involve computer forensic investigation and that any other question should be referred to her."
Collins had encouraged Pullar or Boag to lay a complaint with the Privacy Commissioner to try and resolve the matter. Collins today said she did not know who had made a complaint.
"Frankly I welcome that," she said.
KEY SEEKS PLEDGES OVER ACC LEAK
Key has twice sought assurances from Collins that she was not behind the release of private details about ACC claimant Bronwyn Pullar.
Key said yesterday he was "utterly convinced" the leak did not come from Collins or her office and he had no reason to question her assurances.
But he revealed that he had "directly asked her the question on two occasions" as the row over how Pullar's name got into the public arena intensifies.
"She has absolutely assured me that it didn't come from her office and I've got no reason at all to question her."
Former ACC minister Nick Smith was forced to resign from the Cabinet last week in the fallout over a series of leaks involving Pullar after it emerged he had intervened in her case despite an apparent conflict of interest over their close friendship.
Last night, Collins contacted Shroff to discuss a possible probe into the source of a leaked email detailing a meeting involving Pullar and ACC staff. The email was written by Boag, who was at the ACC meeting with Pullar.
Collins said she would welcome Pullar putting in a complaint to the privacy commissioner "because I would like to have this matter dealt with".
A spokeswoman for Shroff said it was possible that an inquiry could be started without a complaint being laid.
Yesterday, Collins rejected any suggestion of involvement in the email being leaked and shifted attention to ACC. Collins said Boag's email was sent to herself and one staff member.
"I did not send it to anyone else. My staff member sent it to the chief executive of ACC and the chairman of the board, as I requested her to. It was not sent anywhere else."
Judge, who Collins confirmed had been summoned to the Beehive on Monday over concerns about ACC privacy breaches, did not respond to questions last night.
But Collins said he had told her he did not know the source of the leak. Judge had been "quite forthright", she said.
Stewart has also given Collins an assurance the information did not come from him or his staff.
However, Collins said she was "not at all satisfied" with privacy systems at ACC after revelations that it had accidentally sent a spreadsheet with information about 6748 ACC clients to Pullar last year.
"I'm not satisfied in terms of the overall privacy but I'm not going to accuse anybody of leaking information because that might well be defamatory," Collins said.
Boag said she was not responsible for the leak. However, she would not lay a complaint.
"I'm a busy girl. I've been in Wellington working all day for a living. I don't have time to dwell all day on these things.
"The ball now is in ACC's court. I will see what they will do," Ms Boag said.
Labour Party deputy leader Grant Robertson said Collins had "hung her own board chairman out to dry in a desperate act of self-preservation".
"A full, independent inquiry into this whole sorry saga is not only called for but should be a priority."
Former Labour government minister Lianne Dalziel was forced to resign as immigration minister after denying she was behind a leak that was later revealed as coming from her office.
Former National Party president Michelle Boag has angrily dismissed suggestions she leaked the email she sent to ACC Minister Judith Collins about her friend Bronwyn Pullar's controversial meeting with ACC managers.© 2012 APN Holdings NZ Ltd
Opposition parties yesterday continued their calls for an independent inquiry into events around Ms Pullar's use of National Party connections to advance her ACC claim.
A week ago the affair cost former ACC Minister Nick Smith his Cabinet position and the focus has moved on to how Ms Boag's email to Ms Collins reached the Herald on Sunday, whose subsequent report outed Ms Pullar as the woman at the centre of the ACC privacy breach.
Facing questions from the Opposition yesterday, Ms Collins told Parliament she was "100 per cent certain" neither she nor anyone in her office had passed the email to the Herald On Sunday.
Earlier, she said she had called ACC chairman John Judge to her office on Monday and he had assured her he did not leak the information. ACC chief executive Ralph Stewart has also denied leaking the email.
Ms Collins, who says she only passed the email to Mr Judge and Mr Stewart, went on to say: "The fact is it also came from Ms Boag, so there are possibilities."
However, Ms Boag reacted angrily to any suggestion she had leaked her own email. "I sent it to the minister only ... and I asked whether it was a secure email address before I sent it."
She said the email was sent to Ms Collins in the expectation it would not be sent to anyone else.
"When you can't send a communication to a Government minister without fearing that the privacy of that communication is going to be breached, that's very, very dangerous."
Prime Minister John Key has twice sought assurances from ACC Minister Judith Collins that she was not behind the release of private details about ACC claimant Bronwyn Pullar.© 2012 Fairfax NZ News
Mr Key said yesterday he was "utterly convinced" the leak did not come from Ms Collins or her office and he had no reason to question her assurances. But he revealed that he had "directly asked her the question on two occasions" as the row over how Ms Pullar's name got into the public arena intensifies.
"She has absolutely assured me that it didn't come from her office and I've got no reason at all to question her."
Former ACC minister Nick Smith was forced to resign from the Cabinet last week in the fallout over a series of leaks involving Ms Pullar after it emerged he had intervened in her case despite an apparent conflict of interest over their close friendship.
Last night, Ms Collins contacted Privacy Commissioner Marie Shroff to discuss a possible probe into the source of a leaked email detailing a meeting involving Ms Pullar and ACC staff. The email was written by former National Party president Michelle Boag, who was at the ACC meeting with Ms Pullar.
Ms Collins said she would welcome Ms Pullar putting in a complaint to the privacy commissioner "because I would like to have this matter dealt with".
A spokeswoman for Ms Shroff said it was possible that an inquiry could be started without a complaint being laid.
Yesterday, Ms Collins rejected any suggestion of involvement in the email being leaked and shifted attention to ACC. Ms Collins said Ms Boag's email was sent to herself and one staff member.
"I did not send it to anyone else. My staff member sent it to the chief executive of ACC and the chairman of the board, as I requested her to. It was not sent anywhere else."
Chairman John Judge, who Ms Collins confirmed had been summoned to the Beehive on Monday over concerns about ACC privacy breaches, did not respond to questions last night.
But Ms Collins said he had told her he did not know the source of the leak. Mr Judge had been "quite forthright", she said.
Chief executive Ralph Stewart has also given Ms Collins an assurance the information did not come from him or his staff.
However, Ms Collins said she was "not at all satisfied" with privacy systems at ACC after revelations that it had accidentally sent a spreadsheet with information about 6748 ACC clients to Ms Pullar last year.
"I'm not satisfied in terms of the overall privacy but I'm not going to accuse anybody of leaking information because that might well be defamatory," Ms Collins said.
Ms Boag said she was not responsible for the leak. However, she would not lay a complaint.
"I'm a busy girl. I've been in Wellington working all day for a living. I don't have time to dwell all day on these things.
"The ball now is in ACC's court. I will see what they will do," Ms Boag said.
Labour Party deputy leader Grant Robertson said Ms Collins had "hung her own board chairman out to dry in a desperate act of self-preservation".
"A full, independent inquiry into this whole sorry saga is not only called for but should be a priority."
Former Labour government minister Lianne Dalziel was forced to resign as immigration minister after denying she was behind a leak that was later revealed as coming from her office.
The Privacy Commissioner, Marie Shroff, has today welcomed the government's commitment to update the Privacy Act.http://privacy.org.nz/media-release-update-the-privacy-act-to-strengthen-protections-for-people-and-help-business-says-privacy-commissioner/
"Things have changed enormously since the Privacy Act was passed nearly twenty years ago," said Ms Shroff. "Privacy is as important to people as it's ever been. But the Act doesn't always give people the protection they expect and need, particularly in the context of modern technology. And it needs to do more to support businesses.
"The need for reform is urgent. We want people to trust the new ways in which business and government work. They won't do that unless they're sure that their personal information is properly safeguarded.
"The Law Commission has proposed a package of sensible, practical and balanced recommendations to amend the Privacy Act. These recommendations give greater certainty to businesses and open up new opportunities for them. They also allow more flexibility for government and provide real protections for people. They are modern tools for modern problems."
"The Government has already made progress on information sharing to assist government agencies, and we now need the second leg of the double."
The Commissioner supports the key recommendations made by the Law Commission. These include:
• Privacy breach notification - to help people to protect themselves if their information ends up in the wrong hands and to make agencies accountable to their customers
• Giving the Privacy Commissioner the ability to audit agencies, so she can see what's gone wrong and how to fix it
• Getting problems fixed quickly, by enabling the Commissioner to require agencies to comply with the law (for example, strengthening security safeguards, issuing take-down notices, or ordering an agency to give people access to information about themselves)
• More effective complaints procedures - for example by making it easier for the Commissioner to deal with class action complaints about systemic problems
• Closing off highly offensive and damaging internet postings, such as intimate photographs taken of former partners
• A statutory "Do Not Call" register, so people can stop unwanted telemarketing calls
• Additional protections for victims of crime and harassment
"I hope that the government accepts these recommendations and that it moves quickly to get the new law passed" said Ms Shroff.
Justice Minister Judith Collins today announced the Government will repeal and re-enact the Privacy Act 1993 following its review by the Law Commission. The Commission’s recent report Review of the Privacy Act 1993 made over 100 recommendations for reform and the Government will consider those recommendations as part of its wider reform of privacy.http://www.scoop.co.nz/stories/PA1203/S00346/government-to-overhaul-privacy-act.htm
“Our current privacy law has been in place for almost 20 years and predates the creation of the internet. Huge changes to technology and information flows have occurred during that time and they have overtaken our privacy laws,” Ms Collins said.
Personal information is private and should not be divulged unnecessarily. However, people now expect more information to be available more quickly and, as social media has shown, are more likely to share what used to be considered ‘private information’.
“The foundations of the Act are sound, but it needs to be updated to reflect our changing attitudes and the way people, business and government use information in the 21st century,” Ms Collins said.
“We have already acted to address the immediate need for better information sharing for public service delivery through the Privacy (Information Sharing) Bill which is expected to be passed later this year.
“It’s important we ensure that the Act is fit for purpose for the individuals, agencies and businesses who are guided by it.
“I welcome the Law Commission’s extensive report and thank the Commission for their comprehensive work,” Ms Collins said.
Further announcements regarding specific policy proposals will be made later this year.
ACC board chairman John Judge has assured Judith Collins no one at the organisation leaked the personal information of claimant Bronwyn Pullar.© 2012 Fairfax NZ News
ACC Minister Judith Collins this morning appeared reluctant to express full confidence in Judge, although she stopped short of blaming him for what appears to have been a breach of Pullar's privacy. Collins, Minister for ACC, called Judge into a meeting last night.
Pullar came to the media's attention after it was revealed ACC had accidentally sent the details of 6000 claimants to a third party. She was named as the recipient of the breach and revealed she had been supported by former National Party president Michelle Boag in a meeting with ACC over her case.
Collins this morning said that information had "certainly not" come from her office and, after her meeting with Judge, this afternoon said the information had not come from ACC. "He assured me that it hadn't come from ACC."
Asked how he could ensure that, Collins said that was a matter he needed to address.
Chief executive Ralph Stewart had also told the minister he had not leaked the information publicly. "We've got a privacy commissioner's review of this and bear in mind we have a police investigation around that meeting in December and what's happened since, so I'm sure that's going to form part of what they're looking at."
Collins said the one senior staff member who had received the information had only passed it on to Judge and Stewart. "I know that it did not come from me or from the one staff member that she sent it to, it did not go round my office, it didn't go round anywhere else and I know that for certain."
She also said she could not see why Boag, a National Party insider and Pullar's friend, would leak the information. If Pullar had any concerns about her privacy she should contact the Privacy Commissioner or police, Collins said.
Asked this morning if she had confidence in Judge, Collins said: "Look, I've got a lot of confidence in the work that he's done in the board, particularly around the financial state of ACC. But look, I'm very concerned about the privacy issues and I spoke to him last night, had him in my office to talk about this issue. I'm very concerned about the privacy issue and I expect it to be dealt with."
Collins said she would not "speculate" over the source of the leak. "People can speculate all they like but I'm also aware that it didn't come from my office and it didn't come from me - I'm 100 per cent certain." The information had come "from the spoke" so there were "possibilities" about how it had emerged.
Labour's deputy leader Grant Robertson said there were only a few ways the information could have been leaked and Collins needed to answer questions. He had no details but Labour would be asking questions in Parliament. "We need to find out more about how information about Ms Pullar found it's way into the public arena."
There were only a few ways the information could have got out, Robertson said. "Judith Collins needs to answer very clearly whether her or her office had any role in accessing that information or in how that information made its way into the public arena."
Labour wanted a full inquiry into ministerial conduct, the conduct of the ACC board and the privacy issues. The inquiry was bigger than what the Privacy Commissioner or police could look at and the auditor-general should be involved, he said.
ACC Minister Judith Collins has hung her own board chairman out to dry in a desperate act of self-preservation, Labour’s deputy leader Grant Robertson says.http://www.scoop.co.nz/stories/PA1203/S00348/inquiry-more-necessary-after-minister-drops-acc-chair-in-it.htm
“Ms Collins summoned ACC chair John Judge to Parliament today for a ‘please explain’ over the leaking of information about claimant Bronwyn Pullar to the media.
“During questioning in the House she refused to say who she thought was responsible for the leak, despite having said only four people had the information – herself, an office staffer, Mr Judge and ACC chief executive Ralph Stewart.
“Ms Collins was adamant the information hadn’t come from her office. She had asked Mr Judge about the privacy breach; he denied any involvement.
“She has said she is not responsible, nor was her staff member. That leaves her chairman and her chief executive under the spotlight. She has hung them out to dry.
“This has been a fiasco from the start. It smacks of cronyism and leaves the impression with many that if you know someone in the National party, then you’ll be treated differently by ACC.
“A full, independent inquiry into this whole sorry saga is not only called for but should be a priority,” Grant Robertson said.
ACC Minister Judith Collins says her office is not responsible for leaking information about claimant Bronwyn Pullar to the media.© 2012 Radio New Zealand
National MP Nick Smith resigned from his ministerial portfolios last week because of his involvement in Ms Pullar's case, and Opposition parties are pushing for an independent investigation.
Bronwyn Pullar has accused the Accident Compensation Corporation of leaking information about her to the media.
That information came from an email sent by a former National Party president, Michelle Boag, to ACC Minister Judith Collins.
Ms Collins said on Tuesday the email was not leaked to media by her office. "It was sent to me and to one staff member in my office. My staff member sent it to the chairman and to the chief executive. That's it."
Ms Collins says she won't speculate on where the leak came from. However, she is continuing to have discussions with ACC, including the chairman of the board John Judge. "I'm very concerned about the privacy issues and I spoke to him last night ... and I expect it to be dealt with."
The Labour Party's deputy leader, Grant Robertson, says there are questions around the board's involvement in Ms Pullar's case. "What we know at this stage is that a board member was approached by Bronwyn Pullar.
"What we don't know all the answers to is what then happened in terms of how ACC management got involved and what was the board member's role."
Mr Robertston says the conduct of the ACC and its board need should be investigated by the Auditor-General.
ACC board chairman John Judge has been called to the Beehive to discuss the leaking of private information about ACC client and complainant Bronwyn Pullar.© 2012 Fairfax NZ News
ACC Minister Judith Collins this morning appeared reluctant to express full confidence in Judge, although she stopped short of blaming him for what appears to have been a breach of Pullar's privacy.
Pullar came to the media's attention after it was revealed ACC had accidentally sent the details of 6000 claimants to a third party.
She was named as the recipient of the breach and revealed she had been supported by former National Party president Michelle Boag in a meeting with ACC over her case.
Collins this morning said that information had "certainly not" come from her office.
Asked this morning if she had confidence in Judge, Collins said: "Look, I've got a lot of confidence in the work that he's done in the board, particularly around the financial state of ACC. But look, I'm very concerned about the privacy issues and I spoke to him last night, had him in my office to talk about this issue. I'm very concerned about the privacy issue and I expect it to be dealt with."
Collins said she would not "speculate" over the source of the leak.
"People can speculate all they like but I'm also aware that it didn't come from my office and it didn't come from me - I'm 100 per cent certain."
The information had come "from the spoke" so there were "possibilities" about how it had emerged.
"If Ms Pullar thinks her privacy has been breached, then I suggest she makes a complaint to the privacy commissioner and have it investigated," Collins said.
Labour's deputy leader Grant Robertson said there were only a few ways the information could have been leaked and Collins needed to answer questions. He had no details but Labour would be asking questions in Parliament.
"We need to find out more about how information about Ms Pullar found it's way into the public arena."
There were only a few ways the information could have got out, Robertson said.
"Judith Collins needs to answer very clearly whether her or her office had any role in accessing that information or in how that information made its way into the public arena."
Told Collins had denied the leak came form her office, Robertson asked "who is it then?"
Labour wanted a full inquiry into ministerial conduct, the conduct of the ACC board and the privacy issues.
The inquiry was bigger than what the Privacy Commissioner or police could look at and the auditor-general should be involved, he said.
"The impression New Zealanders are going to get is that if you know somebody in the National Party, you get treated differently by ACC and there's a word for that, it's cronyism."
It was still cronyism, regardless of the outcome, he said.
Yet another ACC privacy breach has one client feeling "violated" after personal documents ended up in the hands of another.© 2012 Fairfax NZ News
The victim was one of the original 6748 clients in the much-publicised ACC emailing of details to National Party insider Bronwyn Pullar.
That led to a series of revelations which ultimately caused former ACC minister Nick Smith to resign his portfolios.
But two days after finding out about that leak in the media, the client discovered her privacy had again been breached – and this time at a personal level.
These documents involved details of her injury and other personal information.
The victim does not want her name, location or the nature of her injury publicised – although all that and more has already ended up in one Whangaparaoa man.
"Once you can accept, and that was a fairly innocuous document. But to have personal reports sent out that outline my injury and its effect on me ... this is worse than the first one. This has real personal data that impacts on me."
The woman came forward after reading a story about another privacy breach in the Rodney Times last week, involving Orewa's Mike Rogerson who received personal documents from ACC that were meant for another client on the North Shore.
The woman says she "freaked out" after being told about that story because she thought the documents may have been hers.
Only after contacting the Rodney Times did she know for sure the victim was someone else. She says it may not be a coincidence that these cases are coming out of the North Shore office.
Mr Rogerson reported difficulties contacting ACC to report the confidential documents he received but this victim says getting through was not a problem – getting answers was.
She says in the past she has had multiple and unnecessary assessments, had to appeal decisions and has had problems with her payments. Now these twin breaches of privacy mean she has lost any confidence in ACC's confidentiality. She would like to know how somebody's information can end up in an envelope with another client's name and address.
ACC media spokeswoman Stephanie Melville says it is not possible to speak about specific cases and there is a review system outlined on the website. She says the priority is for ACC to retrieve the information.
ACC chief executive Ralph Stewart apologised to clients for privacy breaches last week. The ACC Board and Office of the Privacy Commissioner have requested an independent review of ACC information security policies and practices as a result of the initial privacy breach, which occurred in August.
A special team and an 0800745254 number have been set up to deal with privacy breaches.
Dunedin lawyer Peter Sara is urging a "culture change" over privacy issues at the ACC after the names of several hundred Otago claimants were included in an email mistakenly sent to Auckland resident Bronwyn Pullar late last year.© 2012 Allied Press Ltd
Acclaim Otago, a group supporting Otago ACC claimants, has written to Privacy Commissioner Marie Shroff voicing its concern about wider privacy practices at ACC and offering to make some input during the commissioner's inquiry into privacy issues at ACC. ACC needed to tighten up its privacy practices, so that all electronic data involving clients was encrypted and password-protected, Acclaim Otago president Denise Powell said recently.
ACC has apologised for the email privacy breach, which involved the names of 6725 ACC claimants throughout the country, including 137 people with "sensitive" claims, involving rape and sexual abuse. The emailed information involves a spreadsheet listing the names of ACC clients and client reference numbers, relating to claims going through the Disputes Resolution Services Ltd review process, apparently between July 1, 2010 and June 30 last year. The spreadsheet had earlier been sent internally to ACC branch managers throughout the country.
It is understood more than 700 Otago reviews were considered in that 2010-11 period, and it is believed at least 400 Otago people were named in the list. The ODT has made an Official Information Act request to ACC to obtain the exact number of Otago people involved. A much smaller group of "sensitive" Otago claimants were also named.
Mr Sara, who has been dealing with ACC cases for more than 30 years, said ACC needed to take concrete action to prevent such privacy breaches being repeated. In recent years, when ACC client file material was sent to him at his request, some information about other clients had been wrongly included about six times a year. He believed that up to 200 of his own clients' review claims could have been referred to on the Auckland email list.
An ACC spokeswoman noted that ACC had provided an interim report to ACC Minister Judith Collins. The Privacy Commissioner and ACC were working together to develop terms of reference for a substantive review of both the incident and ACC's privacy operating practices, the spokeswoman said.
Dr Powell has recently received her own letter of apology, signed by Denise Cosgrove, ACC general manager, claims management. Ms Cosgrove said ACC took the collection and storage of its clients' information "very seriously", and apologised for Dr Powell's name being accidentally disclosed in the Auckland email.
Well it seems that Bronwyn Pullar's claim to have been acting in the public interest has some substance to it.© 2012 UBM Medica (NZ) Ltd
The 45-point list (published on the Dominion Post website) of breaches of law, ACC's own rules and general good process is a substantial indictment of the erosion of public service culture in ACC.
It requires serious scrutiny, and that scrutiny must be independent. Anyone of the points would be a major concern on its own, but 45!
What adds particular weight to the list is that every person around New Zealand reading the list today who has experience trying to assist claimants with their ACC claims will have felt a very strong sense of recognition. I have certainly dealt with claimants who have experienced all items on the list.
In my correspondence with the Office of the Auditor-General this week I have noted that there are two sets of issues that will not be addressed by either the Police or Privacy Commissioner investigations. For the public to have confidence in ACC they need to be confident that it is free from political interference. But they also need to be able to rely on the organisation to consistently apply the highest standards of public service. Currently they cannot, and Ms Pullar's list provides a good summary of the issues that need to be addressed.
Those of you who have been following ACC stories for a while will know I have been calling for an inquiry into ACC's processes for a couple of years. For example: blog.greens.org.nz/2010/11/08/more-reasons-emerge-for-independent-inquiry-on-acc-reforms/
In that post I link to the report from Judge Trapski in 1991, which examined systematic breaches of good process in ACC, and suggested that as some of the self same problems are repeatedly being experienced again, another inquiry like Trapski's would be timely.
A comparison of the issues uncovered in the Trapski report and Bronwyn Pullar's list shows striking similarities.
It seems likely that following the Trapski report major improvements were made to ACC processes, but that under pressure from the former ACC Minister, these same bad practices came back in to facilitate minimisation of ACC's expenditure.
An inquiry like Trapski's, from a Judge or a Commission of Inquiry, might be the best vehicle for investigating this, but as the Government (so far at least) has ruled out ordering any kind of inquiry, the only option we have for this to occur is for the Auditor-General to do it, on her own authority.
That's what I will be saying to her when we meet in the coming week.
