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Summary Of Facts

James Smith made this Official Information request to Crown Law Office

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From: James Smith

Dear Crown Law Office,

I request a copy of Summary Of Facts in relation to cri-2020-009-3728

This request is acceptable if names are removed for suppression purposes if applicable

Yours faithfully,

James Smith

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From: OIA
Crown Law Office

Dear James

We acknowledge receipt of your email of 11 June requesting information.

Your email is being treated as a request for information under the Official Information Act 1982.  In accordance with section 15 of the Official Information Act, a response to your request will be provided as soon as is reasonably practicable, and in any case within 20 working days of receipt of your request, ie by 9 July 2021.

Kind regards,

Crown Law Te Tari Ture o te Karauna
P O Box 2858 or  DX SP20208 | Level 3 Justice Centre | 19 Aitken Street | Wellington 6011
www.crownlaw.govt.nz

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From: OIA
Crown Law Office

Tēnā koe Mr Smith

I have searched Crown Law's document management system and no information regarding "CRI-2020-009-3728" is held by this office. Your request is therefore declined under s 18(e) of the Official Information Act 1982.

I assume the CRI number to which you refer relates to a criminal proceeding. Please be aware that this Office acts for the Crown in respect of criminal appeals in the indictable or Crown jurisdiction. We only hold files where such an appeal has been filed and conducted by this office. While we obtain files from the relevant prosecuting agency and Crown Solicitor for the purpose of conducting an appeal, those files are returned at the end of the proceeding. As such, unless the matter you refer to is a Crown matter (and I cannot tell without further information) and went on appeal, we would not hold any information on it. I suggest you direct your request to the appropriate prosecuting agency.

You have the right to complain to the Ombudsman, under s 28 of the Official Information Act 1982, about our decision on your request for information.

Ngā mihi

Briar Charmley
Crown Counsel & Team Manager (Auckland)

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From: James Smith

Dear OIA,

This is a crown Matter

In daily court list it was

Crown Law vs Trent Ilton.

With the CRI provided.

Can you Specify what you mean by appeal as the hearing type was

Trial Review Hearing

Yours sincerely,

James Smith

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From: OIA
Crown Law Office

Mōrena Mr Smith

I have searched the Crown Law's document management system for the name "Trent Ilton" and have not retrieved any documents. As noted in my email on Friday, unless the matter went on appeal, this Office is unlikely to have been involved. I do not know where the matter you refer to was prosecuted, but I suggest you contact the relevant prosecuting agency (e.g. the relevant Crown Solicitor's office for the area).

Alternatively, there is scope for you to apply to the relevant court for access to documents on the permanent court record. If the relevant court is the High Court, you would make your application under the Senior Courts (Access to Court Documents) Rules 2017. If, however, the relevant court is the District Court, you would make your application under the District Court (Access to Court Documents) Rules 2017. While you are entitled to apply to the court to access these documents, please be aware that there are restrictions to access contained in those Rules. Both sets of rules can be accessed at the www.legislation.govt.nz website.

Ngā mihi

Briar Charmley
Crown Counsel & Team Manager (Auckland)

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