21 October 2021
By email: [FYI request #16581 email]
Dear Mr Creser
REQUEST REGARDING COURT OF APPEAL DECISION
I refer to your email dated 30 September 2021 in which you:
ask me to reconsider my response of 29 September 2021 to your email dated
30 August 2021, which asked for my opinion about two documents issued by the
Court of Appeal; and
refer to a stay of a private prosecution you had issued and ask whether my office
would object to its reinstatement.
In my letter of 29 September 2021, I said it would not be appropriate to comment on your
question as it related to a matter on which the Court of Appeal had already issued a decision.
In your email, you seek clarification, noting the Court of Appeal has issued two decisions in
respect of the same hearing. The Court of Appeal decision to which I was referring is the
judgment dated 2 December 2015 – Creser v Creser (as executors nominated in the will of J
 NZCA 579. In this judgment the Court of Appeal addresses the fact that there
are two documents and comments on the discrepancy between the reasons for judgment and
the sealed order. My response to your question remains the same.
In relation to your second question, s 176(1) of the Criminal Procedure Act 2011 provides that:
“The Attorney-General may, at any time after a person has been charged with an offence and
before judgment is given, direct that the proceedings be stayed.” In practice, this law officer
function is generally exercised by the Solicitor-General. Accordingly, any decision concerning
reinstatement of a prosecution would be a matter for the Solicitor-General.
Hon David Parker Attorney-General