Time Key took responsibility for Collins

A press release from the New Zealand Labour Party by Grant Robertson

It is well past time for John Key to take some responsibility for the misuse of power and information by his Minister Judith Collins, and follow through on his last warning to her, Labour MP Grant Robertson says.
“The evidence released this week shows John Key’s staff and Ministers are directly involved in the kind of negative politics and smears that put ordinary New Zealanders off engaging in the political process. It is time for the Prime Minister to show some leadership and take responsibility for these actions.
“Nicky Hager’s book includes new examples of the way in which Judith Collins has misused information that she only had access to because she is a Minister. New Zealanders have a right to expect better of the Ministers who act on their behalf.
“Two examples stand out, which John Key needs to hold Judith Collins to account for. First, she was involved in a campaign to smear a staff member in the Ministerial Services team as part of a distraction from issues being raised about Bill English claiming housing allowances in 2009.
“Despite there being no evidence to suggest this staff member had done anything wrong, he was attacked in several blogs by Cameron Slater. The book released this week reveals that Judith Collins sent information about this person’s name and job to Cameron Slater as he prepared these attacks.
“This is an appalling example of a Minister misusing her power to attack an innocent public servant. By his inaction John Key is telling New Zealanders that this is acceptable behaviour.
“The book also contains emails from Cameron Slater that report conversations with Judith Collins about the unauthorised release of ACC information that went to Bronwyn Pullar. The emails record that Slater had talked to the Minister about the case and that he received information about what Bronwyn Pullar was doing that could only have come from Judith Collins.
“As Minister for ACC that would be a gross breach of the confidentiality expected when dealing with ACC. John Key needs to investigate this to show once and for all where the leak of this sensitive information came from.
“The evidence presented this week shows that Judith Collins sent many messages and emails and made many phone calls to Cameron Slater that smear and denigrate political opponents and even innocent public servants.
“That is not what New Zealanders are paying her a Ministerial salary for. John Key needs to stop being so relaxed about serious issues. He needs to take some responsibility for her actions and follow through on the many warnings he has given Judith Collins,” Grant Robertson said.

© 2014 Scoop Media

http://www.scoop.co.nz/stories/PA1408/S00248/time-key-took-responsibility-for-collins.htm

Govt questioned over ACC policy

A news report from Radio New Zealand News

Opposition parties are questioning how long the ACC Minister has known about a privacy waiver used by the corporation that has now been ruled by a court as too broad.
ACC Minister Judith Collins, questioned in Parliament, said she was told about the court decision on Friday and was not aware of the significance of the issue.
But Labour and the Greens say Ms Collins has known about the issue for years, as it was raised in a report about a privacy breach 18 months ago.
Green MP Kevin Hague said after serious privacy breaches by ACC in the past, Ms Collins made public confidence in the corporation a ministerial concern.
Labour's ACC spokesperson Iain Lees-Galloway said it was implausible Ms Collins heard of the issue only last week.
"It was in the review of the Bronwyn Pullar case that issues with this form were first identified. In fact, there were media articles about this late last year as well. It's implausible the minister only heard of this issue last week."
In August 2011, details of more than 6000 ACC clients were mistakenly sent to Auckland claimant Bronwyn Pullar, resulting in the resignations of ACC minister Nick Smith, ACC chair John Judge, two directors and chief executive Ralph Stewart.
Outside the House on Wednesday, Judith Collins said ACC should not be handing over people's sensitive claim information to prospective employers and she hadn't heard about the sensitive claims complaint until Wednesday.
"I am actually very concerned about that and I want to find out what are the facts behind it. Is this correct? I understand that there has been some complaints filed with the Human Rights Commission. If that is true, I look forward to seeing what has occurred and when it has occurred."
Ms Collins says she wants to make sure that people's privacy is protected.

http://www.radionz.co.nz/news/national/241780/claims-acc-sent-sensitive-files

© Radio New Zealand 2014

Claimants shouldn’t be forgotten in ACC fallout

A press release from the Labour Party by Andrew Little

ACC must take the concerns of sensitive claims unit claimants seriously, and set up a high level unit to deal with the outstanding complaints around breaches of privacy and misuse of information, Labour’s ACC spokesperson Andrew Little says.
Two independent reports yesterday highlighted the "cavalier" nature of information management and called for a change in culture within the Corporation.
"While the work of the two review teams will be helpful in moving to a healthier culture at ACC, it is still surprising little was said by either review team about the fate of nearly 200 sensitive claims unit claimants who had some of their details released in the mass privacy breach that was the subject of the investigation.
"The Privacy Commissioner's review treated the SCU claimants too lightly when it implied not much identifying information was disclosed, but the report shows there was an identifying code for the issues under appeal, so unauthorized ACC staff would know exactly what those claims were about.
"A couple of months ago Labour called for a high level independent review team to be set up straight away to deal with all existing complaints about misuse of information.
"If ACC and Judith Collins are serious about restoring confidence, then this is an initiative that could go a long way to doing so as well as exorcising some difficult demons that will only hold the Corporation back if they are not dealt with.
"ACC really needs to accept that an entirely new approach is required. All of the difficult files of recent years need to be reviewed with a fresh pair of eyes so everyone can move on with the confidence that they have been treated fairly,” said Andrew Little.

http://www.scoop.co.nz/stories/PA1208/S00370/claimants-shouldnt-be-forgotten-in-acc-fallout.htm

ACC fiasco starts and stops with the Minister

A press release from the New Zealand Labour Party by Andrew Little

The Privacy Commissioner’s report into the ACC leaks is a litany of leadership gone wrong, Labour’s ACC spokesperson Andrew Little says.
“In slamming the culture at ACC, the Commissioner says it is ‘vital’ for a change starting at the top.
“So let’s start with Judith Collins. This whole fiasco is a direct consequence of the Government clearing out experienced board members, putting in their own, overseeing strategies aimed at cost cutting rather than treatment and rehabilitation – which a more experienced board member might have expressed caution about – and then not recognising they were facing allegations of serious problems with the Corporation’s conduct.
“It is not good enough to name and blame others. The Cabinet that Ms Collins is part of has driven the agenda on this and she must take responsibility for the fallout.
“It’s not enough for ACC to be a clip-on to a senior Minister’s other roles.
“If the Government is serious about change from the top then it should start by having a dedicated minister in the role who can work closely with the board and senior management to bring about the necessary changes.
“We will only know the government has taken the reports of both the Privacy Commissioner and the Auditor-General seriously when it appoints a minister who can win public confidence.
“It is essential, too, that the recommendations are put into effect as soon as possible, so that ACC can once again stand by its reputation as a world-class insurance agency,” said Andrew Little.

http://www.scoop.co.nz/stories/PA1208/S00340/acc-fiasco-starts-and-stops-with-the-minister.htm

Call for bipartisan agreement on ACC

An article from the Otago Daily Times by John Gibb

Only a bipartisan political agreement about how ACC will operate in future can ultimately restore the public's trust and confidence in the corporation, Dunedin ACC campaigner Dr Denise Powell says.
Recently-released figures showing rapidly dropping numbers of Otago long-term ACC claimants over the past year and growing review applications by claimants challenging ACC decisions were a "wake-up call" over ACC's future, Dr Powell said.
"It's like a line in the sand," she said.
"It's reached the point where the person in the street is asking what's going on."
Otago Daily Times inquiries show the number of long-term claimants in Otago fell more than 15%, from 1199 on June 30 last year to 1014 at the equivalent date this year. This was the biggest one-year change in long-term Otago long-term claimant numbers for at least five years.
ACC officials recently said "long-term claimants" had been receiving weekly earnings-related compensation for a year or more. The number of reviews of ACC decisions sought by Otago-based claimants rose at least 5%, from more than 430 on June 30 last year to more than 450 at the same stage this year, other figures show.
Dr Powell said the community's faith that individuals would receive their fair entitlement under the scheme had been badly shaken, and ACC had been used as a "political football" for too long, including during recent cost-cutting.
ACC figures indicate national long-term claimant numbers fell more than 3600, or 25%, to about 10,626 over the past three financial years. Government officials have also highlighted the need to maintain the scheme's financial viability.
ACC officials say the national "long-term claims pool" has been reducing for several reasons, and improved "focused rehabilitation" by ACC within their first year of weekly compensation payments meant fewer people were becoming long-term claimants.
At an Institute of Actuaries of Australia conference in Brisbane late last year, a New Zealand actuary who has worked closely with ACC, said there was "constant tension between the two sides of politics" in New Zealand, which was reflected in the ACC scheme. Labour governments typically increased access to benefits, but this had been "to some degree reversed" under National, since 2009, given concerns about ACC finances, the actuary said.
In a recent letter to the ACC board, accompanying the latest service agreement signed between the Government and ACC, ACC Minister Judith Collins emphasised the need for the board and management to "rebuild" public trust in ACC and ensure individual claimants received their fair entitlements. She also expected the board to "monitor carefully the numbers and outcomes" of claims disputes, and wanted to see "more disputes resolved satisfactorily" without the need for formal independent resolution.
Dr Powell noted that a broad agreement between the Government and the Opposition had developed about the way much of the KiwiSaver superannuation scheme was operating. If public trust in ACC was to be restored, as Mrs Collins had sought, an agreement between New Zealand's main political parties about how ACC would operate in future was ultimately needed, she said.

http://www.odt.co.nz/news/dunedin/221091/call-bipartisan-agreement-acc

© Allied Press Ltd 2012

High-level panel needed to review ACC

A press release from the New Zealand Labour Party by Andrew Little

Judith Collins should appoint a high-level panel to review ACC, says Labour’s ACC spokesperson Andrew Little.
“Thorough investigation is needed into how ACC manages long term claimants, in light of revelations that incentive payments have been made to staff who can move claimants on quickly.
"We need to see a panel made up of a senior lawyer, possibly a judge, a senior medic, possibly a professor of medicine and a senior public servant to go through how decisions have been made.
"Seeing the numbers who have been removed from ACC's cover and hearing from a few of those affected, there are real questions about the legal and ethical basis for some of these decisions," Andrew Little said.
"The issues are legal, medical and administrative and must be resolved if the agency is to regain credibility.
"Some of the cases I have heard about - with multiple medical reports being called for and people being taken off earnings related compensation then put back on - make for chilling reading.
“I am afraid there is growing speculation about the good faith of some decisions. It is in the public interest, and in the Minister’s interest, for this to be resolved as soon as possible,” Andrew Little said.

http://www.scoop.co.nz/stories/PA1206/S00358/high-level-panel-needed-to-review-acc.htm

ACC minister put pressure on bosses to make complaint - Labour

An article from the New Zealand Herald by Adam Bennett

ACC bosses laid a police complaint alleging blackmail by claimant Bronwyn Pullar and Michelle Boag after being pressured by their minister Judith Collins, Labour MP Andrew Little says.
In a general debate at Parliament this afternoon Mr Little claimed that during a meeting between ACC Ralph Stewart, chairman John Judge and Ms Collins in Auckland the day after a massive privacy breach at ACC was revealed, Ms Collins told the two men to "go after Michelle Boag".
"She urged and pressured and pressed the chief executive and chairman of the board to make a complaint to the police and that's what they did".
ACC laid a complaint against Ms Pullar in March a week after she went to the media about the corporation's error in mistakenly emailing her information about thousands of other claimants seven months earlier.
ACC alleged that during a meeting with two ACC managers in December last year, Ms Pullar and her support person, former National Party president Ms Boag threatened to go to the media with the information unless Ms Pullar was granted a two year guaranteed benefit.
However two weeks ago, police said no offence was "disclosed" and a few days later ACC chief executive Ralph Stewart and his chairman John Judge last week resigned.
"She told them to do it and then when the police came back and said there's nothing here... she hung them out to dry", Mr Little said this afternoon under the protection of parliamentary privilege.
Ms Collins has consistently said she had nothing to do with ACC's decision to make the complaint against Ms Pullar.
Ms Collins is currently progressing defamation proceedings against Mr Little and his colleague Trevor Mallard after the pair repeated allegations made in Parliament in a subsequent interview on Radio NZ which linked Ms Collins to the leak of a revealing email about the December meeting.

No return to 'pay as you go'
Ms Collins has ruled out a return to "pay as you go" funding for the corporation, a move opposition parties were backing as a means to make the scheme more affordable.
National abandoned pay as you go and instituted "full funding" for the accident insurance scheme in 1998 when it opened the scheme up to private competition. When Labour took office in the following year it agreed to retain full funding.
Full funding or "pre-funding" means the insurer aims to build up big reserves of cash assets sufficient to make payments to all the claimants on its books for the likely duration of their claim.
Pay as you go means annual claims are largely matched by annual levies and other income and as such it requires lower levies and the corporation to hold smaller reserves.
Labour's current position is that it would retain full funding if it returned to Government, but ACC spokesman Andrew Little recently said his party was reviewing its position and called for a public debate about funding options.
Mr Little noted Ms Collins had not dismissed the possibility of a return to pay as you go in recent comments but this afternoon she did just that.
"Pay as you go is not for us," she said.
"We're not going to burden the next generations with the accidents of this generation and I'm surprised that the Greens and Labour who support the Cullen fund on the same basis that it's pre-funding superannuation would suddenly decide that they want to burden our future generations with the cost of our injuries.
"I think it's somewhat unrealistic and we're actually doing very well on the funding what we're looking at is just some of the levels of pre-funding but in terms of pre-funding it's not for us."

© 2012 APN Holdings NZ Ltd

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10814318

'Pay as you go' ACC model short sighted – Banks

An article from the National Business Review by Caleb Allison

ACT leader John Banks says pay-as-you-go for ACC may save money now but future generations will have to pick up the tab.
ACC is now a fully funded model whereby the corporation builds up enough cash reserves to cover existing and potential future claims.
Labour is advocating a return to pay as you go, which means ACC only needs enough income to cover a year's worth of claims, plus a little extra for unexpected costs.
The plan would see levies go down by 20% to 25%, Labour says.
However, Mr Banks says claiming the pay as you go model would reduce levies is a false economy.
"The costs remain the same, but its tomorrow's levy payers that are forced to pick up the tab," he says.
The model does not adequately factor in the risk that some people's injuries require lifetime support from ACC, meaning the costs are transferred to future generations of levy payers, Mr Banks says.
"The best strategy is to open up ACC to real competition so customers can punish bad service by voting with their feet."
National is not ruling out abandoning the fully funded model, with ACC Minister Judith Collins saying "no decisions have been made".

Copyright 2012 National Business Review

http://www.nbr.co.nz/article/pay-you-go-acc-model-short-sighted-banks-ca-121576

Premiums may drop in ACC rethink

An article from the Dominion Post by Vernon Small

ACC is in line for a major shake-up, with the two major parties eyeing changes that could see premiums plunge by up to 25 per cent.
Labour is rethinking its ACC policy, and could scrap the fully funded model to revert to a "pay as you go" approach – and yesterday ACC Minister Judith Collins refused to rule out a similar move.
During last year's levy review, the Cabinet agreed to "a review of the funding policy for the ACC accounts and the reasons for the fluctuations in the projections of the ACC's accounts".
Ms Collins said ministers were looking at the funding policy "which could include the stability of the scheme, good process for levy setting and the impact on the economy".
"We're not ruling out anything at this stage."
Labour leader David Shearer said a possible change had not yet been discussed by caucus. But the party's ACC spokesman, Andrew Little, said it was time for a public debate about funding options, with recent controversy highlighting ACC's overemphasis on lowering costs rather than meeting claimants' needs.
Under full funding the corporation builds up reserves to cover the current and future costs of existing claims, and is aiming to reach that goal by 2019. Under a pay-as-you-go approach, it would need only enough income in a year to cover annual claims, plus a possible buffer for unexpected costs or disasters.
Mr Little said his "back of the envelope" calculation was that levies could be cut by 20 per cent to 25 per cent if there was a move away from full funding. That could see the average levy per motor vehicle drop by about $80.
It could also free up billions of dollars for the Government to invest elsewhere, but it is more likely the existing reserves would remain with ACC.
Mr Little said his personal view was that it should retain its reserves. "It was always expected ACC would build reserves to enable it to meet ... a major civic disaster," he said.
"ACC will still need to have a healthy reserve fund, and it probably has it now."
Mr Little said the pressure for full funding "may contradict the requirement to treatment, compensation and rehabilitation; that might be a contradiction that we need to address".
"It seems to me it is the demands of full funding that lead to the sort of directives from a minister and the conduct of the board and the corporation that leads to the way some long-term claimants are treated and the way that serious and complex claims are being handled."
He had received an "avalanche" of complaints, along the lines of whistleblower Bronwyn Pullar, about the way claimants were treated. "Bronwyn Pullar is a symptom of a significant problem."
ACC's annual report showed it had targeted total claims costs of $3.1b but had undershot that with total claims of $2.6b. It had also exceeded its target of reducing long-term weekly compensation claims by 1150, achieving a cut of 1543.
Its 2011 annual report showed net assets of $17.8b including reserves of $16.6b. Its total outstanding claims liability was $24.5b. Its assets are forecast to reach $24b by the end of this month, against liabilities of $28.5b.

© 2012 Fairfax New Zealand Ltd

http://www.stuff.co.nz/national/politics/7125792/Premiums-may-drop-in-ACC-rethink

ACC Minister should be relieved of duties

A press release from the Labour Party by Andrew Little

The Prime Minister should relieve Judith Collins of the ACC portfolio and appoint a Minister who is capable of dedicating themselves fully to the job, says Labour’s ACC spokesperson Andrew Little.
“ACC is in the deepest crisis it has faced since it was created 38 years ago. The board and senior management are dysfunctional and that is filtering through to have a detrimental effect on the millions of Kiwis who make claims every year.
“Judith Collins is too bogged down with privacy complaints and with pursuing litigation against Opposition MPs. She’s not focused on the job. She’s essentially snookered herself and is using these issues as a reason for avoiding answering questions about the dire state of ACC.
“This is not in the best interests of New Zealanders who deserve to have a fully-functioning accident insurance system and a Minister who is capable of providing the strong leadership needed.
“It’s time for John Key to step in and sort the mess out. He should remove Judith Collins from the portfolio and appoint a Minister who can focus their full attention on turning ACC around,” said Andrew Little.

http://www.labour.org.nz/news/acc-minister-should-be-relieved-of-duties

Wider ACC inquiry needed

A press release from the Labour Party by Andrew Little

The Minister of ACC must look at a wider review of the organisation to fix long-standing problems and reassure the public, says Labour’s spokesperson for ACC Andrew Little. His comments follow new revelations in the Bronwyn Pullar case, as discussed on the current affairs programme 60 Minutes, last night.
“The programme revealed that it was ACC managers who raised the issue as to whether the personal details of 6500 ACC claimants, mistakenly sent to Ms Pullar, might be used improperly by her. They sought assurances from Ms Pullar that this would not happen.
“In their report to the Minister of ACC on 16 March, ACC officials said Ms Pullar threatened to disclose the information and prompted the Corporation to refer the matter to the Police.
“The TV programme also showed the difficulties that Ms Pullar has been dealing with in ACC with a medical officer expressing highly prejudicial non-medical views about Bronwyn Pullar’s claim.
“There is enough in the public arena now for the Minister of ACC, Judith Collins, to take action to fix the problems in ACC,” Andrew Little said.
“We know from the swift dismissal by the Police last week of ACC’s complaint, that no threat or extortion took place. Yet the Minister was advised differently.
“The report from ACC to the Minister was clearly wrong and it isn’t credible for ACC’s Chairman and CEO to say otherwise. The Minister has to take action so we can be assured she values accurate advice from the Corporation.
“Judith Collins must consider holding a wider review of the way ACC handles difficult cases.
“I know from the letters and files I am receiving, that Bronwyn Pullar’s case is far from isolated, and many people are having trouble getting the attention they need free from prejudice and the penny-pinching culture of ACC,” Andrew Little said.

http://www.labour.org.nz/news/wider-acc-inquiry-needed

Labour welcomes Auditor-General’s inquiry into ACC

A press release from the Labour Party by Andrew Little

The inquiry by the Auditor-General into how ACC manages conflicts of interest and relationships between board members, clients and staff is an opportunity to examine the real problems plaguing the agency, says Labour’s ACC spokesperson Andrew Little.
“We welcome today’s announcement by Auditor-General Lyn Provost that she will carry out an inquiry that is focused on governance concerns at ACC that have been exposed during the public examination of a very difficult case.
“We note that while the terms of reference focus on the Board’s actions and their interaction with clients and staff, there is also a clause allowing the Auditor-General to look into ‘any other matters’ she considers desirable. Labour hopes that will include the behaviour of ministers who have been involved in this case.
“We must be able to have trust and confidence in ACC and be reassured that every client is treated equally. At the moment, it is easy to see how New Zealanders could have gained the impression from the Bronwyn Pullar saga that if you know someone from the National Party, you’ll be treated differently.
“This announcement by the Office of the Auditor-General brings the number of publicly-funded inquiries into the handling of Bronwyn Pullar’s case to five and we still believe a single high level inquiry by a QC or Judge would be more suitable,” said Andrew Little.

http://www.scoop.co.nz/stories/PA1204/S00062/labour-welcomes-auditor-generals-inquiry-into-acc.htm

Collins to foot bill for court action

An article from the New Zealand Herald by Adam Bennett

ACC Minister Judith Collins will continue her legal action against two Labour MPs and Radio NZ but has decided to pay the hefty legal costs herself rather than asking the taxpayer to foot the bill.
Ms Collins is suing Trevor Mallard, Andrew Little and Radio NZ for comments they made during an interview on the state-owned broadcaster over the leak of an email sent to her by former National Party president Michelle Boag.
Yesterday, Ms Boag denied she was seeking Ms Collins' intervention in her friend Bronwyn Pullar's ACC claim in the email, which was sent just a few days before ACC referred the case to the police last month.
Ms Collins said the alleged defamation occurred "in relation to me carrying out my duties as Minister for ACC".
"Even though I am fully entitled to do so, I have not asked Cabinet for funding", she said. "I trust that Mr Mallard and Mr Little are prepared to fund their own defence."
Prime Minister John Key said the matter was not discussed at yesterday's Cabinet meeting as Ms Collins had already decided not to ask her fellow ministers to approve the funding.
That was consistent with what she told him last Wednesday night when he first discussed the matter with her.
Mr Key was saying as late as Sunday that it was not known whether the Crown or Ms Collins would pick up the bill, but yesterday said she had informed him of her decision that morning.
Labour leader David Shearer said his two MPs would pay their own legal costs and indicated Labour would keep up its attacks on the Government over its handling of the ACC fiasco.
"Labour will continue to ask questions about the massive privacy breach at ACC. We will also continue to hold the Government to account in terms of allegations of cronyism."
Meanwhile, the Herald has now seen a copy of Ms Boag's email to Ms Collins which was leaked to the Herald on Sunday. The email is dated March 14, just two days after news broke of the massive privacy breach at ACC.
Ms Pullar was subsequently identified as the source of those reports.
In the email's final paragraph, Ms Boag tells Ms Collins: "It would be good to reach an agreement with Bronwyn on the way forward so that the issue can be put to bed, she can get on with trying to reduce her dependence on ACC in the future by rebuilding her consultancy business and the ACCcan get on with more productive tasks."
Last night, Ms Boag said the email referred only to the December meeting.
"I wasn't asking the minister to do anything."
The email also explains why communications between Ms Pullar and the ACC ceased after the December meeting also attended by Ms Boag where ACC alleges Ms Pullar said she would tell the media of the privacy breach unless she was given a two-year guaranteed benefit.
"Bronwyn had advised ACC that as she was getting married in early January ... she would be unable to respond to any communication for six weeks."

Michelle Boag's March 14 Email to ACC Minister Judith Collins
*Some names removed - denoted with an ellipsis

BACKGROUND INFORMATION ON BRONWYN PULLAR ACC CLAIM
1. Bronwyn Pullar suffered a head injury in a bicycle accident in December 2002. Prior to this she was a highly successful senior marketing executive who was respected by her peers. Following the accident, Bronwyn suffered significant cognitive impairment and in the first two years following the accident, both her insurance company and ACC did not respond appropriately with rehabilitative care that would have allowed her optimum recuperation. As a consequence Bronwyn suffers serious fatigue every day, gets headaches and has cognitive impairments which affect her ability to pick up errors in her writing (she requires assistance to check all her communications as she often makes mistakes that she does not recognise. This did not happen before the accident).
2. In 2007 Bronwyn reached a confidential settlement with the insurance company who had covered her for income protection insurance. This followed five years of extensive engagement during which time the insurance company mishandled her claim, breached privacy and lost her file, amongst other things.
3. Prior to the accident Bronwyn was always meticulous. After the accident this meticulousness became obsessive - she records all communications in detail, focuses on minutiae and has interpreted some of ACC's actions as conspiracy rather than mistake - with some justification. For example, an ACC Doctor was found to have colluded with a medical assessor to pre-determine an assessment for Bronwyn, alleged fraud in internal emails and after he was removed from the case, attempted to obtain Bronwyn's personal medical records from her GP while fraudulently posing as a person authorised by ACC to collect this data. It was this considerable breach of her privacy that was the subject of Bronwyn's complaint to ACC. It was in response to this complaint that ACC inadvertently sent to Bronwyn a file containing thousands of names, contact details and summary statistics regarding matters of review, branch identifiers and dates. I have full details of this particular breach of privacy if you want to see them. It should be stated that while this staff member was apparently "reprimanded" he remains on staff with no apparent consequences.
4. Addressing the issue of the major privacy breach - I am sending you under separate cover an email from Bronwyn enclosing the details of the meeting held in December, at which I was present, where, after years of extensive mishandling of Bronwyn's claim and after she had approached a board member, senior management (Phil Murch and Hans Verbene) met with us to attempt to come to a reasonable settlement on the way forward. The documents in the email I am forwarding to you represent the objectives Bronwyn had for the meeting, which included recognition that she was unable to work a full time week , but allowed her some space (two years) to get on with trying to re-establish her consultancy business. Bronwyn also asked for the privacy breach to be investigated.
5. At that meeting in December Bronwyn advised the ACC managers that a serious breach of privacy had occurred. As she says in her email which follows, it was verbally agreed in that meeting that on agreement on the way forward, Bronwyn would return that document. We walked away from that meeting thinking we had an agreement which Mr Murch would put in writing. When it was received 8 days later, it did not reflect our discussions, including the fact that it only allowed her one year to re-establish her business rather than two years, which she did not regard as sufficient.
6. You will see in the correspondence attached to the email I am forwarding that while Mr Murch asked for the return of the data, he did not acknowledge that this would be contingent on reaching an agreement acceptable to both parties, which was our understanding. It also needs to be stated that Bronwyn had advised ACC that as she was getting married in early January and organising the wedding was placing substantial pressure on her impaired cognitive state, she would be unable to respond to any communication for 6 weeks. This was responsible for the delay in any further negotiation with Mr Murch.
7. You should also be aware that Bronwyn has an email tracking device that allows her to know when her emails are opened. Following the meeting in December, the email where she was inadvertently sent the unauthorised data was not opened until 12 March 2012. If ACC had been serious about getting the data returned and investigating the breach, then surely the first thing they would have done on returning to the office would have been to go through all emails to her to see what material had been inadvertently sent. As I said, this was not in fact done until the story had appeared in the Dominion Post.
8. It is also important to note that the email sent to the Dominion Post journalist contained no names, no contact details or identifiers. Bronwyn blacked out all this information and only left undeleted summary statistics of review data, review dates and branch statistics. Therefore she has not breached the personal privacy of anyone on that spreadsheet.
9. Bronwyn has also advised that she complained to the Privacy Commissioner, the Ombudsman and the State Services Commissioner about the privacy breach made by ... (referred to in 3. above), in each case forwarding an email received from ACC about the actions taken in respect of Dr ... . It was this email responding to her complaint that contained the unauthorised spreadsheet. Bronwyn deleted the spreadsheet from the email she forwarded to the Privacy Commissioner and the Ombudsman, but inadvertently failed to delete it on the copy she sent to ... at the State Services Commission, who therefore is the only other party to now hold that file after Bronwyn has deleted it from her hard drive and her email system (an assurance that has been given to ACC).
10. This saga is one of extensive incompetent handling and privacy breaches, no doubt consuming thousands of hours of ACC management time. Since the meeting in December Bronwyn has been asked to undergo further assessments. It would be good to reach an agreement with Bronwyn on the way forward so that the issue can be put to bed, she can get on with trying to reduce her dependence on ACC in the future by rebuilding her consultancy business and the ACC can get on with more productive tasks.
Please feel free to call me with any questions.

© 2012 APN Holdings NZ Ltd

http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10796327

ACC scandal special

A press release from iPredict

Key Points:
• 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

Click here to read more.

http://www.scoop.co.nz/stories/PO1203/S00407/ipredict-newsletter-acc-scandal-special.htm

Labour disputes Boag's account

An article from the New Zealand Herald by Adam Bennett

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.
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.

© 2012 APN Holdings NZ Ltd

http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10795726

Labour MPs ignore Judith Collins' legal threat

The Labour MPs, Trevor Mallard and Andrew Little, have decided to ignore a threat of legal action from the ACC Minister.



Copyright 2012 Radio New Zealand

http://www.radionz.co.nz/national/programmes/morningreport/audio/2514224/labour-mps-ignore-judith-collins%27-legal-threat

Inquiry more necessary after Minister drops ACC chair in it

A press release from the Labour Party by Grant Robertson

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.
“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.

http://www.scoop.co.nz/stories/PA1203/S00348/inquiry-more-necessary-after-minister-drops-acc-chair-in-it.htm

Labour ups pressure on ACC chairman

A news report from 3 News/Radio Live

Labour is continuing to heap pressure over the National-led Government's handling of ACC, which has been rocked by a recent series of alleged privacy breaches.
ACC is being accused of not putting proper privacy safeguards in place, as fresh breaches continue to emerge.
Former minister Nick Smith last week resigned his cabinet portfolios after revelations he wrote a supporting reference for a friend, Bronwyn Pullar, who was battling for compensation, despite already receiving an income protection insurance payout of over $1 million.
Labour's ACC spokesman Andrew Little says John Judge's future as ACC chairman should be reconsidered if public discontent continues. "I think there's enough around now to show that ACC's decision-making on a growing number of claims has not been good, and if that is a consequence of the cost-cutting and scrimping mentality that accompanied John Judge's arrival, then it is necessary to change that."
Mr Little says the Government has to act to restore public faith in ACC. "They are there to make sure that people who have injuries as the result of an accident are looked after," says Mr Little. "If he can't do that, they will need to get somebody else in who will, and who will train up the leadership and the management of ACC to do the job that people expect of it."
More than 6000 clients had their details sent to Ms Pullar. Since then, Dr Smith has quit all his portfolios and fresh breaches have emerged.
Don Rennie, convenor of the Law Society's ACC Committee, has been involved with the agency since it was started in the 1970s. He says he saw the problem coming, but despite personally approaching the Privacy Commissioner to try to deal with it, breaches remain an on-going problem.
"It's been an issue for at least 10 years, but the ACC is no bigger than the police or the health service, and a lot of the other organisations which collect personal information but seem to have ways and means of dealing with it so it doesn't get into the wrong hands. "
Mr Rennie says worried ACC clients should speak to the Privacy Commission or start looking at legal options.
Privacy commissioner Marie Shroff says it pays for people to be vigilant about their rights. "We should never go off watch," says Ms Shroff. "We should always be trying to make sure that ACC is held to account. If something bad happens you definitely have the right to complain to that agency, and if you don't get satisfaction, you can complain to me, the privacy commissioner."

© 2012 MediaWorks TV

http://www.3news.co.nz/Labour-ups-pressure-on-ACC-chairman/tabid/1607/articleID/248028/Default.aspx

Call for Smith to be sacked over ACC letter

A news report from Radio New Zealand

Opposition MPs are calling for the Prime Minister to sack Nick Smith over a letter he wrote supporting an ACC claimant and friend while he was the ACC Minister. Dr Smith wrote a letter of reference on ministerial letterhead for Bronwyn Pullar's medical assessor, stating that prior to her accident she was well, capable and worked hard.
Labour Party MP Chris Hipkins says Dr Smith should be sacked over such a serious error of judgement.
Green Party MP Kevin Hague says the Prime Minister John Key should not dismiss the incident as minor.
Mr Key has already accepted an apology from Dr Smith, who is now the Environment and Local Government minister, saying he does not believe the minister breached Cabinet rules when he wrote the letter.
In August last year, Ms Pullar was mistakenly emailed details of thousands of confidential ACC claims by an ACC staff member. The corporation has claimed Ms Pullar threatened to go to the media about the breach unless she was guaranteed a benefit for two years. Ms Pullar has denied the claim.

© 2012 Radio New Zealand

http://www.radionz.co.nz/news/political/101387/call-for-smith-to-be-sacked-over-acc-letter

Smith’s letter means he needs to go

A press release from the Labour Party by David Shearer

Labour Leader David Shearer says Government minister Nick Smith has acted inappropriately in trying to influence the case of a long-term ACC complainant, and should resign.
“The extent of Mr Smith’s wrongdoing has become clearer over the course of the day. First thing this morning he was saying he had done nothing wrong. Three hours later he was apologising for a lapse of judgement.
“A reading of the letter he wrote on behalf of former National Party official, Bronwyn Pullar, shows it was much more than a lapse of judgement. He was trying to influence her case,” David Shearer said.
“He discussed in the letter her ability to work prior to her accident and said he was providing the information ‘for comparative assessment’ of her medical condition.
“This was done on Ministerial letterhead that drew attention to Nick Smith’s role as the then Minister for ACC.
“This is a breach of the Cabinet manual and had the potential to compromise the work of ACC.
“Earlier today I said a Minister behaving like Nick Smith would not serve in a Cabinet I run. Having now reviewed the text of Nick Smith’s letter, I believe the only appropriate course of action is for him to resign.
“If he does not do so, John Key should remove him,” David Shearer said.

http://www.scoop.co.nz/stories/PA1203/S00261/smiths-letter-means-he-needs-to-go.htm