UPDATED: Recipient of leaked EQC spreadsheet prevented from distributing information it contains. So is his new blogger friend - although his identity remains a mystery.
UPDATE April 9: EQC tells still does not know the identity of the blogger behind The EQC Truths website - despite winning a High Court injunction against him late yesterday.
The injunction prevents the mystery blogger, and earlier recipient Bryan Staples, from distributing any information from an EQC spreadsheet that was mistakenly emailed to them [UPDATE: it has now been widened to prevent anyone distributing information contained in the spreadsheet].
This morning an EQC spokesman confirmed that the agency still does not know the blogger's name, or address.
So how was he served?
"Indirectly," the spokesman says.
EQC publicly announced the injunction.
A copy was also emailed to the blogger via his address with Hushmail (a webmail serve that promises privacy), the spokesman says.
But there was a problem - the email bounced back because the blogger's inbox was full.
It was sent again, without a bounceback, "But we don't know if it was received," the spokesman says.
In a post on his site, the blogger says he only learned about the injunction through media, but says he will abide by it. [UPDATE, in a midday Tuesday email to NBR, he said, "I have received some communication from EQC’s lawyers simply confirming that the High Court has a hearing today for 3:00 pm, but no other details ... They have not asked me to attend the hearing and it is simply physically impossible. I am very far away from Wellington."]
A lawyer who has been following the case told NBR, "Effecting service [by email] isn’t that unusual. It won’t be valid as personal service, but, where the court deems a person is evading service or concealing their identity, it can order 'substituted' service where the plaintiff must make all reasonable efforts to bring the claim to the defendant’s attention (including by, potentially, advertising in the newspaper, or sending to known email addresses). The court will usually specify a number of methods and once it is satisfied that they have been carried out, it will 'deem' service to have been effected."
Lowndes Jordan partner Rick Shera adds, "Courts have long coped with substituted service on persons who, for whatever reason, are difficult to locate, identify or serve personally.
"Traditionally, that often involved publication in a newspaper circulating in the locality of the person.
"The internet has expanded that locality somewhat and with that has come Courts’ willing acceptance of service in the online environment. There have been a number of cases, including in New Zealand where service via Facebook has been allowed and as long ago as 2009, a UK case of service via twitter on an anonymous user."
UPDATE 5.44pm, April 8: EQC has won an interim injuction in the Hight Court at Christchurch preventing Bryan Staples and the un-named blogger behind the EQC Truths website from distributing information from a leaked spreadsheet.
"I have said earlier that EQC is determined not to add to any distress caused by the mistake by seeing the information spread further by third parties, and that has necessitated the intervention of the courts," EQC CEO Ian Simpson said in a statement to media after the injuction was granted.
On the EQC Truths blog, the mystery blogger says he learned about the injuction through the media, but will abide by it.
He is consideriing challenging it in the High Court, he writes - although that process would involve revealing his identity.
Mystery man offers EQC data to allcomers – Staples speaks out
EARLIER / April 8: A mystery blogger, who bills themselves as an ex-EQC employee, is offering to send Christchurch quake claimants information from an EQC spreadsheet of 67,000 claims.
If someone provides photo ID, their claim number and other details, they will be sent any line from the spreadsheet that relates to their claim.
The author of the "EQC Truths" blog makes no mention of any direct link to Bryan Staples, the Christchurch insurance advocate who was mistakenly emailed a spreadsheet containing details of tens of thousands of quake claims - and who is now subject of an EQC claim to police after hinting he would "retrieve" the file he pledged to delete.
This morning Mr Staples told NBR Online he was as surprised as anybody when EQC Truth sprung into existence.
"I'd never heard of this guy until he called me at home on Saturday morning. I guess he got my number out of the phone book," Mr Staples says.
The man did not identify himself to Mr Staples, and still has not.
However, he did tell the Earthquake Services boss he thought he had been sent the same spreadsheet.
Mr Staples asked for information he knew was on the spreadsheet (which he says he took notes on before deleting). The mystery man was able to provide that information, verifying the authenticity of the file in his possession.
The man said he was without resources, but wanted to get the information out to claimants. Mr Staples offered to act as a conduit.
Hence on EQC Truths, Mr Staple's email address is given as an alternative first point of contact (and he is promoted as a "tireless crusader" among other accolades).
The anonymous blog author writes, "My preference is that you go through Bryan and drop into his office at 60 Fitzgerald Ave with your paperwork, he will scan it and hand you back your originals. However, you can contact me [by email]."
The next stage in the process is that "Someone from Earthquake Services [Staples' company] will send me an e-mail with your name and claim number and verification code. I will then e-mail you the details directly to you. Neither Bryan nor anyone from Earthquake Services has access to the spreadsheet and he does not want to be involved in distributing the information contained within the spreadsheet as EQC are targeting him. I will not release it to any third party, but will give you all your information."
On March 28, EQC said it had filed a complaint with Christchurch police. The agency said Mr Staples had signed a Statutory Declaration to delete the spreadsheet mistakenly sent to him, but was not threatening to retrieve it.
This morning, Mr Staples told NBR Online he did delete the spreadsheet.
The police complaint is "bulls*t" he says. Earthquake Services has received no visit no visit from police. His only contact from police was officers who wanted to pursue earthquake claims, he quips.
When the EQC lodged its complaint with police, Mr Staples countered he would go to court for the right to retrieve the spreadsheet.
Today he told NBR he planned to file with the District Court this week, but added he might not need to, given his clients no had ready access to the spreadsheet's data via EQC truths.
Mr Staples reiterated that, in his opinion, the contents of the spreadsheet shows his clients are getting a raw deal from EQC.
He says before deleting the spreadsheet he checked data for 10 of his clients.
Six of them had been offered cash settlements below $15,000, he says, but were assessed "in the thirties" in the EQC spreadsheet.
A spokesman for Earthquake Recovery Minister Gerry Brownlee said he had no comment because he was travelling.
EQC communications manager Iain Butler tells NBR, "We’re looking into it [EQC Home Truths] and considering it."
Mr Butler confirmed a complaint had been made to police over the original spreadsheet leak, and what EQC sees as Mr Staples' subsequent threat to retrieve the file and push the issue with media if outstanding claims to his company were not settled.
Mr Staples says his comments were taken out of context.
EQC lays police complaint against man mistakenly emailed spreadsheet
March 28: EQC spreadsheet recipient Bryan Staples says he hasn't retrieved the file mistakenly sent to him - but will seek access to it through the courts.
Last night, EQC laid a police complaint over an email sent by Mr Staples. EQC says Mr Staples threatened to retrieve the spreadsheet, and continue to push the issue with media, if EQC did not pay disputed claims to his company.
Mr Staples told Breakfast he had not gone back on a Statutory Declaration he signed, pledging to delete the spreadsheet detailing around 93,000 quake claims.
"There hasn’t been a change of heart. I’ve taken legal advice, and that legal advice said we have to get that document back to help our case. We are going to go to the court next week and ask the court to release that document. I’m not bringing it back. They’ve twisted this around because they’re very skillful at smoke and mirrors," Mr Staples said.
He said his email had been quoted out of context. He had pledged to shut up about the $700,000 owed to his company, if paid, but had always intended to continue to campaign about EQC payouts in general.
EQC is bullying, Mr Staples said.
March 27: EQC boss Ian Simpson says the organisation has laid a police complaint against Bryan Staples - the Christchurch businessman mistakenly sent a spreadsheet containing details of around 93,000 quake claims.
Mr Staples' company, Christchurch Earthquake Services, carries out assessments, claims mediation and has a subsidiary that offers to buy TC3 homes and take over unresolved insurance claims.
Mr Simpson says Mr Staples signed a Statutory Declaration saying he would delete the file, but subsequently threatened to retrieve details of a claim relating to his company, and take it to media, if a disputed payment was not made.
Yesterday, Mr Staples told NBR Online he was concerned about a backlash from EQC because his company is already owed $700,000 “and EQC doesn’t want to pay”.
He later told OneNews he took notes before deleting the spreadsheet.
His notes included those on an address involving a claim for work done by his company (which was not pre-approved by the EQC). The EQC damage estimate was $59,000, Mr Staples says. His invoice for repair was $52,000 but the cash settlement to the owner was only $30,000.
Mr Staples also shared with NBR Online information on payout levels he saw in the spreadsheet, which he said was at odds with the EQC's public stance, as far as he was aware.
RAW DATA: Statement by EQC CEO Ian Simpson
This evening I’m writing to advise you that the Earthquake Commission has laid a complaint with Christchurch police over indications that the recipient of an accidental email release of private customer information intends to retrieve and use the information.
Bryan Staples told EQC today that he will retrieve the email and attachment after providing verbal and written assurances, and a signed Statutory Declaration, that he would delete them.
Mr Staples’ email advised EQC: “If you pay these accounts in the in full within the required time frame, there will be no media announcement and the matter will die a natural death.”
The confidential information was released by mistake. I have apologised for that and I am determined not to add to any distress already caused by the mistake.
Ian Simpson
EQC Chief Executive
