You can see all who know, look at the email address's.....my reply to all this.
The Ombudsman's Office is here for FAIRNESS........really?
From: Paul & Emma [mailto:gspservices@xtra.co.nz]
Sent: Thursday, 11 June 2015 9:30 p.m.
To: 'Info'; 'Sam McLean'; 'Nick 4 Nelson'; 'Nicola White'; 'Janis Adair'; 'Jude Hutton'; 'Andrew Little'; 'Andrew.McCaw@ombudsmen.parliament.nz'; 'damien.oconnor@parliament.govt.nz'; 'john.key@national.org.nz'; 'Judith Burney'; 'Rt. Hon. Winston Peters'; Craig Hooper - Coolhead Productions Ltd; 'Office of Sarah Dowie MP'; 'phil.twyford@parliament.govt.nz'
Cc: 'Wal Gordon'; 'Allan Day'; 'Colleen Upton'; 'Lyndon Moffitt'; 'Registrar'; 'complaints@pgdb.co.nz'; 'paul@paulhenry.co.nz'; 'Kate Dixon'
Subject: FW: URGENT create matter/ack & apologise for the delay/import & flag red - E80343 Process for laying a complaint
Dear Ombudsman and Others,
Please see below an email stream of correspondence between myself and the Human Rights Commission, apparently the ball is back in the Ombudsman’s court. I am again formally requesting an appeal against the Ombudsman’s use of discretion to not investigate this travesty of justice and total abuse of power.
I am pleading to the Ombudsman, Ministers and Prime Minister to look into this massive cover up, all done at the risk to the NZ Public’s health and safety.
For an example of the type of “denial” I have dealt with, please see attached a recent reply from the Board’s Acting Registrar, made in reply to several very real complaints I made to the Board in early March, the very simple (and untrue) reply only just received yesterday, just over three months.
The other documents attached (for clarity) are those mentioned in these recent complaints of mine, for a full list of these complaints please see below in black.
This very uncomplicated letter of reply, which took 3 months to send, is confusing to say the least and is totally made up from blatant untruths. Not one of my complaints has ever been addressed…. but they have been ignored many times.
Any “investigation” relied on by the Board is totally dependant on the one very conflicted investigator Tony Hammond, who has been shown to have withheld evidence and photos and has huge conflicts of interest….. not only with John Darnley but also the chair of my so called hearing, Stephen Parker.
The Board’s ignoring of the legionnaires’ risk, mentioned in my complaints, is awful and borders on negligent.
The Board are claiming that these complaints were addressed during my investigation and the subsequent hearing, which is ludicrous and totally untrue because for most of these complaints, if not all of them, the Board were not made aware of these “issues” until after my hearing, when I pointed the issues out to them. It’s nothing short of delusional.
Mr Darnley and his involvement in this near fatal gas explosion has never been openly and transparently investigated, Darnley actually faced a charge for the explosion… but it disappeared before he went to his hearing. How does that happen?
The Board’s own involvement in the badly administered gas safety certificate system has never been investigated either. A system administered so badly that it later carried a disclaimer regarding its accuracy.
Certificates were also accepted by the Board incomplete, incomplete for testing for gas leaks. One of these (cert 345138) actually mentioned in my recent complaints….is for the site of an explosion, caused by a GAS LEAK. A gas leak caused by the leaking hose sold by Darnley’s company, sold after I left…..see receipt attached, even though there is a copy on the Board’s website….they deny having received a copy.
But it was I that was ruined and am struggling to make ends meet……The Ombudsman’s Office is here for Fairness……is this fair I ask you all?
??
Are you happy for this type of unfair cover up? With no one held responsible for neither this mess of a certificate system nor the explosion. The facts are there for you to see, I can forward to anyone of you if you require copies of the considerable and undeniable evidence.
My recently dismissed complaints below……….there is a serious lack of integrity and credibility for anyone to ignore this.
I am laying a formal complaint against Mr Darnley’s involvement re- the explosion at the Milton Street Chipshop. I believe he might be responsible for this explosion and I am complaining about this so you can appoint an investigator to find out; please appoint an investigator that Darnley isn’t friends with or is a member of any groups that Darnley was/is a member of.
I would complain that Darnley didn’t register the pink master copy of cert 345138, while handing out the carbon copies to the customer and gas supplier.
I would also complain that all available copies lack a recording of a gas leak test, at a site that later exploded…..because of a gas leak, a gas leak on a hose supplied by Darnley’s company Allgas, weeks after I left Allgas. Please see attached receipt for this hose. Please note I left the year before in 2003.
I have reason to believe that it was Darnley who installed the fryers; please see the handwriting samples supplied to you just recently also attached.
I would also complain that after altering my initial install and changing the gas cylinder supply set up and changing the hose ( the hose mentioned above, the one that caused the explosion) that a further certificate wasn’t issued.
I hope you do not take your previous stand that my having faced charges for this debacle protects Darnley in someway from my complaint, you have said that you can’t revisit my case; please open a new case, one that is fair and transparent.
I would also take this chance, to yet, again lay a complaint about the legionnaire’s risk, installed by Mr Darnley. Please see attachment, this dwelling has central heating with radiators, an impossibility with out contaminating the hot water supply when heated with the califont on the cert. You have this blatant evidence, please act on it. It is very dangerous plumbing and this is your jurisdiction, no one else’s. Please note it is that time of year where the thermostatic heads on the radiators are opening and the 11 year old water is being atomised by the elderly mans shower (any plumber worth his salt would know this to be a ticking time bomb, a matter of when not if there will be an issue, it has the potential to kill.)
And I would also complain about the manipulation of the gas certificates at Powick Street, by my reckoning it is missing at least 2 certificates for work carried out, and as far as I know it still has the lpg cylinders on the deck, this was of such concern that the Board laid charges against myself. As I have proved that it was impossible for me to have done this, I would complain about the person who did. According to your correspondence you have made no other contact to the owner of Powick Street, other than the letter that said I was capable of acting illegally in Northland which was sent out before my hearing, my hearing showed this manipulation and the Board have done nothing. Just for the record I have never been to Northland.
Again, I hope you do not take the stand that my having faced charges for this protects the person responsible in someway and you can’t revisit my case, I am not asking you to revisit my case, please open a new case, one that is fair and transparent.
Also I would complain that even though someone nearly died because of bad, very bad gasfitting and shoddy practices, that no one has been held responsible for nearly killing Ron Clark.
I am appalled that even though Darnley didn’t sit an apprenticeship the Board saw fit to gift him (and others) his/their full craftsman/certifying status, I would complain about this flippant issuing of a licence that resulted in empowering a person not fit to practice, that at least once has ended in an explosion.
Also Kern Uren stated at my hearing that Mr Darnley had an extensive file, please by way of an OIA request can I get a copy of this extensive file and the basis for gifting Darnley his licence, please blank out all names as I do not want to invade anyone’s privacy. I am willing to cover the photocopying cost.
And my last complaint is that the Board have covered up a badly administered gas safety certificate and licence system that resulted in a near fatal explosion, I complain about this dereliction of duty.
I believe all the above are reasonable grounds for laying these complaints.
Regards Paul Gee
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From: Sam McLean [mailto:SamM@hrc.co.nz]
Sent: Thursday, 11 June 2015 3:48 p.m.
To: Paul & Emma
Subject: RE: URGENT create matter/ack & apologise for the delay/import & flag red - E80343 Process for laying a complaint
Dear Paul
Thank you for your last email.
Having read through the information you provided, I then discussed your situation with one of our legal advisers. He suggested that you could ask your MP to write to the Chief Ombudsman to address the review of the use of his discretion quickly, because of the length of time it has taken for you to get a response initially. He also suggested that you could ask the Minister responsible for the Plumbers, Gasfitters and Drainlayers Board , whom I believe is Dr Nick Smith, as the Minister for Building and Housing, to review the materials you have. You may have already gone down this road as I am aware you have had Dr Smith involved in the past.
It is difficult to see any unlawful ground of discrimination being the reason that this has all happened. Although you mention ethical belief and political opinion, there is nothing in the material to indicate that what happened was because of your ethical belief or political opinion as defined by the Human Rights Act 1993. You then suggested it was because of your national origins. However, the comment to you about whether you have ever thought of going back to the UK, although not an appropriate comment for Board member to make, is not enough to indicate discrimination. Besides, the Commission’s process of dispute resolution is mediation and that would not be suitable in these circumstances as these matters occurred many years ago.
You have already been through the court system, there have been investigations and your major concerns seem to relate to the impartiality of investigators and decision makers involved in the issue and it appears that you are claiming unfair processes and a lack of natural justice because of this. The Ombudsmen’s Office is the appropriate agency to address issues of this nature.
I understand that this response and our inability to assist you will be very disappointing as you deal with these difficult issues.
Kind regards
Sam McLean
Sam McLean | Mediator | Kaihohourongo
Human Rights Commission | Te Kāhui Tika Tangata
DDI: +64 9 375 8634 | T: +64 9 309 0874 | F: +64 9 377 3593
PO Box 6751, Wellesley St | Level 3, Zurich House, 21 Queen St, Auckland 1141
New Zealand |
www.hrc.co.nz This email (including all attachments) may contain personal information and is intended solely for the named addressee. It is confidential. Confidentiality is not waived or lost because this email has been sent to you in error. If you have received it in error, please let us know by reply email, delete it from your system and destroy any copies.
From: Paul & Emma [mailto:gspservices@xtra.co.nz]
Sent: Monday, 8 June 2015 7:04 a.m.
To: Sam McLean
Cc: 'Wal Gordon'
Subject: RE: URGENT create matter/ack & apologise for the delay/import & flag red - E80343 Process for laying a complaint
Hi Sam,
Please can you let me know when or if your office might help my family and I.
Frankly we are struggling financially and I need to clear my name, the stress of this is immense. Everyone in my area either thinks I am so incompetent that I blew up a chipshop or that I issue illegal certs or that I “dobbed in” the local gasfitters, they think this because the Board audited all the local gasfitters and told them it was because of me. They did this even though I had only ever complained about Darnley, and I only did this because I feared for the safety of the public, but they made it look like I had told on all the local gasfitters.
Even the kangaroo court that they put me through showed I had done no wrong, but they went in the local paper saying I was incompetent after I had blown 42 trumped up charges out of the water, and the last remaining charge out of 44 charges is wrongly based on one conflicted mans opinion, but it is my young family who are struggling, my wife has been terrorised by these bullies and she is beyond doubt totally innocent of any wrong doing. And for what?
My lawyer cost me well in excess of 10 grand and his final advice was to plead guilty to all this. I stopped using his services and fought this with the Plumbers Federation, my advocate Wal, copied in, proved I had done no wrong. But I lost everything and had my wife put through he mill, surely this effects my human rights?
I have tried every legal way to get this looked at.
I am at my wits end.
Please Sam.
Regards Paul Gee
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From: Sam McLean [mailto:SamM@hrc.co.nz]
Sent: Wednesday, 20 May 2015 12:35 p.m.
To: gspservices@xtra.co.nz
Subject: RE: URGENT create matter/ack & apologise for the delay/import & flag red - E80343 Process for laying a complaint
Hello Paul
It would be useful to have a conversation with you about the information you have provided to the Commission and what options are open to you for dealing with your situation.
I suggest you call me on 0800 496 877 and ask to speak to me or the other option is you email me a phone number and a suitable time that I can call you. It would have to be between 8.30am and 5pm.
I look forward to hearing from you.
Sam McLean
Sam McLean | Mediator | Kaihohourongo
Human Rights Commission | Te Kahui Tika Tangata
DDI: +64 9 375 8634 | T: +64 9 309 0874 | F: +64 9 377 3593
PO Box 6751, Wellesley St | Level 3, Zurich House, 21 Queen St, Auckland 1141
New Zealand |
www.hrc.co.nzThis email (including all attachments) may contain personal information and is intended solely for the named addressee. It is confidential. Confidentiality is not waived or lost because this email has been sent to you in error. If you have received it in error, please let us know by reply email, delete it from your system and destroy any copies.
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From: Paul & Emma
Sent: Friday, 24 Apr 2015 07:22 a.m.
To: Infoline
Subject: URGENT create matter/ack & apologise for the delay/import & flag red - E80343 Process for laying a complaint
Hi,
Please can you tell me the proper process for laying a complaint with your commission? I have attached a submission that I made to a select committee for some back ground.
I have been victimised for trying to protect the NZ public from an unscrupulous unqualified tradesman, when my concerns came to pass they tried to make me the scapegoat.
Thank you.
Yours Sincerely Paul Gee