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

Currently waiting for a response from Department of the Prime Minister and Cabinet, they must respond promptly and normally no later than (details and exceptions).

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.

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

Yours faithfully,

John Creser

Link to this

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

Tēnā koe 

 

Thank you for emailing the Department of the Prime Minister and
Cabinet (DPMC), including the National Emergency Management
Agency (NEMA).   

Please note, DPMC is not able to respond to emails that are
outside its purview. If the subject of your email does not relate to the
work of DPMC, we will forward your email to the appropriate Minister
or agency who will respond to you directly. To find out more about the
functions of DPMC please view our website - [1]https://dpmc.govt.nz/ 

 

If your correspondence is intended for the Prime Minister please email her
office at - [2][email address]. Contact information for other
Members of Parliament can be found at
- [3]https://www.parliament.nz/en/get-involve...

  

If you are writing about an issue relating to COVID-19, we encourage you
to first refer to the [4]COVID-19 website. Here’s a list of links that you
may find helpful: 

o [5]Current Alert Level
o [6]Latest Government COVID-19 information
o [7]Jobs, training and financial support
o [8]Travel and the border
o [9]Mental wellbeing, accessing health care and violence protection
o [10]Information for businesses
o [11]Proactive release of Government Response documents
o [12]Managed Isolation and Quarantine 

If you are showing symptoms of COVID-19, please call your local GP or
contact the Healthline team on 0800 358 5453

Common Questions:

* Official Information Act (OIA) Requests will be formally acknowledged
during office hours and actioned accordingly. For more information
about the statutory OIA timeframes please see
- [13]http://www.ombudsman.parliament.nz/.
* For Job opportunities within DPMC please see
- [14]https://centralagenciesjobs.cass.govt.nz.... Please use
this website to apply for vacancies, unfortunately resumes received
through other avenues will not be considered.
* New Zealand Visas and requests for asylum are managed by Immigration
New Zealand. Please see - [15]https://www.immigration.govt.nz/. 

We hope one of the above links helps answer your question.  

 

We appreciate your patience at this time. Thanks again and please take
care.

show quoted sections

Link to this

Things to do with this request

Anyone:
Department of the Prime Minister and Cabinet only: