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

John Creser made this Official Information request to Department of the Prime Minister and Cabinet

Response to this request is long overdue. By law Department of the Prime Minister and Cabinet should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: John Creser

Dear Department of the Prime Minister and Cabinet,

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.


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 now writing to ask the Prime Minister and Cabinet advise which one of the two decisions they consider correct.

Yours faithfully,

John Creser

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From: Information [DPMC]
Department of the Prime Minister and Cabinet

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