Call to investigate MSD chief’s actions

The fitness for office of Ministry of Social Development (MSD) boss Brendan Boyle should be reviewed in the wake of revelations that benefit review decisions were being issued under fake names, a lawyer says.

Boyle has said this was to protect staff sitting on committees to review benefit decisions in cases involving about 80 ‘‘volatile’’ clients.

The Social Security Appeal Authority, which hears appeals from the committees, had ruled committee members could not be ‘‘faceless’’ – let alone have their decisions issued under fake names and signatures.

The authority said it received a personal undertaking from chief executive Brendan Boyle that the practice would stop, but it continued.

In a statement, Boyle denied giving an undertaking. ‘‘I refute any claim that a personal undertaking was given to discontinue the use of pseudonyms.’’

Boyle said MSD was considering its legal position in light of the authority’s decision.

The decision recorded that, after an earlier decision, Boyle gave his personal assurance that he was required by law to ‘‘forthwith take all necessary steps to carry into law the decision of the authority’’.

The authority had such grave concerns about the continuing subterfuge over names that it referred one of its decisions, issued on September 15, to SolicitorGeneral Una Jagose, QC.

The authority gave its decision in the case of a woman, whose

"I refute any claim that a personal undertaking was given to discontinue the use of pseudonyms."

Ministry of Social Development chief executive Brendan Boyle

name was suppressed, who wanted to appeal against seven benefit review committee decisions.

Her lawyer, Tony Ellis, said it looked like extraordinary misbehaviour by the chief executive.

Ellis has now written to State Services Commissioner Peter Hughes, who oversees the employment, supervision and dismissal of senior government department executives, suggesting he investigate Boyle.

Boyle was quoted as standing by his decision, which raised concerns about whether he was abiding the rule of law, given a ruling on using committee members names, Ellis said.

If Boyle disagreed with the authority’s ruling he should have appealed against it, or asked a judge to review it, Ellis said.

It at least raised questions about Boyle’s fitness for office.

Ellis pointed out that the commissioner, with the agreement of the governor-general, had the power to remove Boyle from the position.

In any event, it was clear from police advice to the ministry that the woman he represented was not dangerous. ‘‘I think it’s just hype.’’

The authority had decided the woman could create embarrassment, was highly likely to be offensive, but that was slight when weighed against the right to open justice, the authority said.

The woman was already planning a High Court action claiming compensation for breach of her rights when the latest Social Security Appeal Authority decision was received. She is now considering other legal options.

In September 2014, two ministry employees were shot dead at the Ashburton office by disgruntled benefit-seeker Russell Tully, who had been trespassed from the office.

The ministry was later convicted of failing to keep the workers safe by exposing them to violent clients.

The deaths of the two women, and the health and safety conviction against the ministry, were included in the reasons for using ‘‘pseudonyms’’ for benefit review committee members.

Ministry staff were involved in 468 ‘‘serious or critical’’ incidents in 2016.