31 May 2021
K Roe
FYI
By email: [FYI request #15465 email]
Tēnā koe,
Official Information Act Request
Our Ref: OIA353/1
1.
I refer to your email of 16 May 2021 to the Ministry of Justice seeking information
under the Official Information Act 1982 (OIA). As advised by the Ministry of
Justice on 19 May 2021, your request was transferred to Crown Law.
2.
You requested the following:
2.1
What government departments/agencies employ government prosecutors
who can prosecute alleged criminal offences on behalf of the government?
2.2
Who the people are (or perhaps what roles there are) who or that have the
authority to instruct the government prosecutors to actively get busy in
prosecuting alleged criminal offences on behalf of the government?
3.
Based on our records, there are currently 12 government agencies that employ
in-house prosecutors, they are:
• Department of Conservation
• Department of Corrections
• Department of Internal Affairs
• Financial Markets Authority
• Inland Revenue
• Ministry of Business, Innovation and Employment
• Ministry of Health
• Ministry for Primary Industries
• Ministry of Social Development
• New Zealand Police
Level 3 Justice Centre 19 Aitken Street PO Box 2858 DX SP20208 Wel ington 6140 New Zealand
Ph: +64 4 472 1719 Fax: +64 4 473 3482
www.crownlaw.govt.nz
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• Serious Fraud Office
• WorkSafe.
4.
It is for the agency to decide whether they proceed with a prosecution. An
assessment will be done based on information which they already have, find or
receive. This can include information received from members of the general public.
5.
Prosecutions should be initiated or continued only where the test for prosecution, as
specified in th
e Solicitor-General’s Prosecution Guidelines, is met. The test has two
parts – the evidential test and the public interest test – and both need to be met if a
prosecution is to be pursued.
6.
You have the right, by way of complaint to the Ombudsman under section 28(3) of
the OIA, to seek an investigation and review of our decision on your request for
information.
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
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