From Ashburton. My question arises from the very recent Ombudsman's report on the MIQ system. My wife (a severely

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Customer: Greetings from Ashburton. My question arises from the very recent Ombudsman's report on the MIQ system. My wife (a severely disabled person) and I left Lebanon in June last year after living there for 17 years (I was at the American Uni of Beirut) but we couldn't get back because of the MIQ system so we went to Turkey. My wife's sister, a retired registered nurse and midwife, applied for special consideration for my wife, supporting her claim with medical records I had sent, but that was denied. We finally made it back last December. The Ombudsman specially mentioned the 'unreasonableness' if MBIE in the case of disabled people. I would like to claim compensation from MBIE for those unnecessary 6 months in Turkey. We are not receiving Super because of the 5-year rule so I can't afford the usual legal fees. Any advice would be welcome. BTW do NZ lawyers take on jobs on a contingency basis - no win, no fee? Regards
JA: Have you talked to a New Zealand lawyer about this?
Customer: No, that's why I am dropping you a line.
JA: What steps have you taken so far?
Customer: None. The Ombudsman's report only came out very recently. I do have an appointment with the MP for this region tomorrow (she is a Labour MP).
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We are a senior couple (68 and 66). My wife is a NZer by birth and I am by naturalisation in 1972. We have been out of NZ most of the past 43 years having loved in Papua New Guinea, Botswana and Lebanon but I mam now retired. My wife suffered major brain damage as a baby in 1956. She is unable to read and write or use ICT.
Answered by Chris The Lawyer in 3 mins 5 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
Customer
Greetings from Ashburton. Did you read my initial submission or shall I go over it again?
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Chris The Lawyer, Expert

I am reading it now

Customer
We can do this verbally if there is anything substantive to discuss. However my ears are blocked and I can't get them syringed out until next week so I'm not hearing too well..........
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Chris The Lawyer, Expert

Some lawyers do act on contingency but you would likely be eligible for legal aid-would you like to know about that?

Customer
I doubt whether we'd qualify - we have no Super for another 4 years but did come back from the Middle East pretty loaded.
Customer
Take your time, I'm just going to hang my laundry out.......... a househusband's work is never done :)
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Chris The Lawyer, Expert

it is usually dependent on the amount of income, assets and dependent children (if any) - what is your yearly income?

Customer
My last evaluation by the tax dept said I had a taxable income of zero so had to pay zero tax. My term deposits were getting 0.8% and the only salary I had received was in inconvertible Lebanese Lira. I'm now getting 5% on the term deposits.
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Chris The Lawyer, Expert

The real issue is whether it is possible to sue for the unfairness. It may be possible if you can demonstrate a breach of human rights but I also think the government would vigorously defend any claim, knowing that there are many potential claims
Customer
I wanted to keep the word 'sue' out of it as that would put them into defensive mode and I wouldn't have a hope against the might of the State. My reasoning is that the Ombudsman has declared their treatment of certain persons during the MIQ regime to have been unreasonable particularly with regard to what would normally be described as special-needs people. Accordingly, they should compensate such persons as a matter of ethics rather than the letter of the law (duty of care having been breached).
Customer
We haven't been cut off, have we?
Customer
Looks like we have........... would you like to call me on***********
Customer
I've been trying to reconnect with you but the machine says I can continue after rating you which I've done already but it seems stuck there. Gawd I hate this technology..........
Customer
This is bad news, I keep being put in touch with supervisors and then while I am typing a reply they disconnect because I haven't responded yet. Hey, I don't do 1000wpm typing. This really won't do!
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Chris The Lawyer, Expert

Sorry, I was off line, and catching up now

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Chris The Lawyer, Expert

It is always possible to negotiate a settlement, but I fear that the government may avoid any liability and do so strongly

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Chris The Lawyer, Expert

In my view there are possible remedies but ones which would only be resolved by court action

Customer
Court action means I lose........... I'm seeing the MP for this region tomorrow and will discuss a possible ex gratia settlement with her.
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Chris The Lawyer, Expert

That is the only option if you do not wish to sue

Customer
I have approached MBIE about an ex gratia payment.
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Chris The Lawyer, Expert

I hope that is viewed favourably

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