19 July 2021
Grace Haden
By ema
il: [FYI request #15894 email]
Tēnā koe Ms Haden
Official Information request - Crown solicitors acting as Pro Bono Prosecutors
Our Ref: OIA353/1
1.
I refer to your email of 24 June 2021 requesting information under the Official
Information Act 1982 (OIA). In particular, you have asked for:
1.1
Evidence of the dispensation for Crown Solicitors to prosecute matters for
the Society for the Prevention of Cruelty to Animals.
1.2
Documentation which Crown Law holds which relates to the ability of
Crown Solicitors to offer their work pro bono for private prosecutions.
1.3
In matters where pro bono services have been provided, who has paid for
the services provided by the Crown Solicitor.
1.4 A copy of the guidelines which exist or were given where dispensation has
been granted as to the information passed to the court to ensure that the
prosecution is not seen by the court as a Crown prosecution.
2.
In relation to questions one and two, as has been previously explained to you, it is very
common for Crown Solicitors to conduct non-Crown prosecutions and the Solicitor-
General supports Crown Solicitors conducting prosecutions on behalf of the SPCA;
whether on a pro bono or fee paying basis. In respect of question four - again, as has
been previously noted in our correspondence with you - we strongly disagree there is
any confusion about their role, with respect to Judges and other lawyers, when Crown
Solicitors conduct prosecutions on behalf of the SPCA.
3.
Crown Law does not hold the information you request at question three. If a Crown
Solicitor appears on an SPCA prosecution, it is a matter between the Crown Solicitor
and the SPCA whether they do so on a pro bono or fee-paying basis. Crown Law is
not privy to how much, if anything, a Crown Solicitor is paid for any given
prosecution on behalf of the SPCA. This part of your request is therefore declined
under s 18(e) of the OIA.
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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4.
In accordance with s 19 of the OIA I advise you have a right, by way of complaint
under s 28(3) of the OIA, to seek an investigation and review of this decision by the
Ombudsman.
Nāku noa, nā
Briar Charmley
Crown Counsel
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