Which of the two decisions in Court of Appeal CA 193/03 do you consider correct ?

John Creser made this Official Information request to Willie Jackson

Response to this request is long overdue. By law Willie Jackson should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: John Creser

Dear Willie Jackson,

The Justice Select Committee has of 25/August/2021 decided not to seek evidence or hear submissions on the petition in the link below. I'm now asking the Justice Minister & Ministry to answer the questions that the Justice Select Committee, chaired by Labour's Ginny Anderson, refused to do.

https://www.parliament.nz/en/pb/petition...

I'm concerned about two materially different Court of Appeal decisions resulting from the same hearing. in 2003.In CA193/2003 [2015] NZCA 579 Para (31). The Court of Appeal led by President Justice Stephen Kos said; “Some form of error seems to have occurred given the discrepancy between the judgment and the (Court’s) sealed order but we are unable to determine some 12 years after the event how this came about or which version is correct”

The Chief Archivist in charge of the public record has said:“The error that appears to have occurred in the sealed judgment of the Court of Appeal dated 14 October 2003, predates the passing of the PRA. A record keeping failure in 2003 cannot be considered a breach of a provision that only came into force in 2005.”

Given that the Court of Appeal has admitted the error and the Chief Archivist has said the error occurred in the 14 October Judgement, I'm writing to ask which one of the two decisions you consider correct.

Yours faithfully,

John Creser

Link to this

From: W Jackson (MIN)
Willie Jackson

Tçnâ koe

Thank you for contacting the office of Hon Willie Jackson, Minister for
Mâori Development, Associate Minister for ACC and Associate Minister of
Justice.

The Minister considers all correspondence important and appreciates you
taking the time to write.  Please note that as Minister Jackson receives a
large amount of correspondence it is not always possible to personally
reply to all emails.

The following guidelines apply:

•         Portfolio related correspondence will be considered and
responded to where appropriate

•         If your message is for Minister Jackson’s advice, or if you have
copied your email to another Minister and/or Member of Parliament with
more appropriate portfolio responsibilities, then this will be noted

•         Invitations and requests to meet with the Minister will be
processed as soon as possible and a staff member will be in contact with
you in due course.  Please note this email is an acknowledgment that your
invitation/request has been             received.

•         If you have made a request for official information then this
will be manged in accordance with the provisions of the Official
Information Act 1982, which may include transfer to a more relevant
Minister or agency

•         If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another                       office,
or there may be no further response to you

•         Media queries will be referred to the Minister’s press secretary

•         To find out more about Minister Jackson read his
[1]biography  or [2]recent statements.

Again, thank you for writing.

Office of Hon Willie Jackson MP

Minister for Mâori Development | Associate Minister for ACC | Associate
Minister of Justice

Phone +64 4 817 8722 | Email [Willie Jackson request email]

--------------------------------------------------------------------------

References

Visible links
1. https://www.beehive.govt.nz/minister/bio...
2. https://www.beehive.govt.nz/minister/hon...

Link to this

Things to do with this request

Anyone:
Willie Jackson only: