Government seeking practical to the release of personal = information to assist landlords

The government is working on a new data-matching programme to assist = landlords in the of tenancy tribunal debts and is seeking an = interim order delaying the release of beneficiary addresses under the = Official Information Act until a court ruling is made, Social Services = and Employment Minister Steve Maharey said today.

The Ombudsman has recommended that the Ministry of Social Development = should release the addresses of clients to the Department for Courts in = four cases where landlords are seeking to recover debts from former = tenants.  Advice from Crown Law recommends against releasing the = information, and because it has far reaching implications for all = government agencies, it suggests that we seek the Court's interpretation = of the Official Information Act on the point.

Steve Maharey said he had discussed the government's preferred = with landlord representative organisations the New Zealand Property = Investors Federation and the Real Estate Institute of New Zealand.

"The government sympathises with the situation landlords face recovering = unpaid rent and we are determined to sort this issue out properly.  I = have asked for two pieces of work to be undertaken as a matter of = priority.

"Firstly, the government is looking to establish a data matching = programme authorised under the Privacy Act as soon as possible to = provide a practical to this issue.  I have asked officials to = advise the government on the implementation issues.

"If the Department for Courts, on behalf of landlords and other judgment = creditors, is to have access to information the Ministry holds about = beneficiaries, it may be better that Parliament address the matter = directly.  The Ministry of Social Development is at present working on = advice for Ministers on this issue. We will consult the Privacy = Commissioner and public comment will be sought in developing the = .

"Secondly, the government has agreed that the Ministry of Social = Development should file court papers seeking a declaratory judgment on = the Ombudsman's recommendation and an interim court order allowing the = Ministry to wait for that ruling.  We are not seeking to challenge the = Ombudsman or his office, however we do consider that a declaratory = judgment is the best way to get a clear view on these issues.

Both the New Zealand Property Investors Federation President Craig = Paddon and President of the Real Estate Institute Graeme Woodley said = property owners and managers welcomed any initiative where there was = constructive cooperation between government departments to ensure = Tenancy Tribunal and Court decisions were properly enforced.

Both organisations also welcomed the Ministers assurance that matters = are to be progressed with some urgency.

Steve Maharey said that Crown Law advice is that the consequence of the = Ombudsman's recommendation would be to insert state agencies into the = middle of private parties' litigation and dealings.

"As a matter of principle, I think this is a decision that should = rightly be made by Parliament.

"The government also considers that implementing the Ombudsman's = recommendation might create a number of new requirements on government = agencies that would be difficult to implement.  It could make government = agencies the first port of call for people wanting to recover debts, and = we need to be sure that is what the law requires," Steve Maharey said.

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<html-<head-</head-<body-<font face=3D'verdana' size=3D'2'-<b-Government = seeking practical to the release of personal information to = assist landlords</b-<br-<br-The government is working on a new = data-matching programme to assist landlords in the of tenancy = tribunal debts and is seeking an interim order delaying the release of = beneficiary addresses under the Official Information Act until a court = ruling is made, Social Services and Employment Minister Steve Maharey = said today.<BR-<BR-The Ombudsman has recommended that the Ministry of = Social Development should release the addresses of clients to the = Department for Courts in four cases where landlords are seeking to = recover debts from former tenants.  Advice from Crown Law recommends = against releasing the information, and because it has far reaching = implications for all government agencies, it suggests that we seek the = Court's interpretation of the Official Information Act on the = point.<BR-<BR-Steve Maharey said he had discussed the government's = preferred with landlord representative organisations the New = Zealand Property Investors Federation and the Real Estate Institute of = New Zealand.<BR-<BR-"The government sympathises with the situation = landlords face recovering unpaid rent and we are determined to sort this = issue out properly.  I have asked for two pieces of work to be = undertaken as a matter of priority.<BR-<BR-"Firstly, the government is = looking to establish a data matching programme authorised under the = Privacy Act as soon as possible to provide a practical to this = issue.  I have asked officials to advise the government on the = implementation issues.<BR-<BR-"If the Department for Courts, on behalf = of landlords and other judgment creditors, is to have access to = information the Ministry holds about beneficiaries, it may be better = that Parliament address the matter directly.  The Ministry of Social = Development is at present working on advice for Ministers on this issue. = We will consult the Privacy Commissioner and public comment will be = sought in developing the .<BR-<BR-"Secondly, the government has = agreed that the Ministry of Social Development should file court papers = seeking a declaratory judgment on the Ombudsman's recommendation and an = interim court order allowing the Ministry to wait for that ruling.  We = are not seeking to challenge the Ombudsman or his office, however we do = consider that a declaratory judgment is the best way to get a clear view = on these issues.<BR-<BR-Both the New Zealand Property Investors = Federation President Craig Paddon and President of the Real Estate = Institute Graeme Woodley said property owners and managers welcomed any = initiative where there was constructive cooperation between government = departments to ensure Tenancy Tribunal and Court decisions were properly = enforced.<BR-<BR-Both organisations also welcomed the Ministers = assurance that matters are to be progressed with some = urgency.<BR-<BR-Steve Maharey said that Crown Law advice is that the = consequence of the Ombudsman's recommendation would be to insert state = agencies into the middle of private parties' litigation and = dealings.<BR-<BR-"As a matter of principle, I think this is a = decision that should rightly be made by Parliament.<BR-<BR-"The = government also considers that implementing the Ombudsman's = recommendation might create a number of new requirements on government = agencies that would be difficult to implement.  It could make government = agencies the first port of call for people wanting to recover debts, and = we need to be sure that is what the law requires," Steve Maharey = said.<br-<br-The Steve Maharey mailing list operated by OneSquared = Limited.<br-<br-Click <a = href=3D' =3Dyes'-here</a- to unsubscribe.<br-<br-If the unsubscribe link is not = active, enter the following address in your browser address bar and = press the Enter = key.<br-<br- ribe=3Dyes<br-<br-You can also subscribe to this service or change and = maintain your existing subscription list by going to:<br-<br- <a href = =3D = '-</a-<br-<br-</font-</body-</head- ------=_NextPart_000_0001_01C27076.D9129240--