Response to IPCA investigations

Richard Wang made this Official Information request to Crown Law Office

The request was successful.

From: Richard Wang

Good afternoon,

As you are aware, while the IPCA is tasked with investigating police misconduct, they have no authority to prosecute- instead, cases of police misconduct are referred back to New Zealand Police to decide whether to prosecute.

Under what circumstances would Crown Law and the Solicitor General review the decisions of Police not to charge Police officers who have been found to have engaged in misconduct, when Police choose not to do so?

Kind regards,
Richard Wang

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From: OIA
Crown Law Office

Dear Richard

We acknowledge receipt of your email of 2 June requesting information.

Your email is being treated as a request for information under the Official Information Act 1982.  In accordance with section 15 of the Official Information Act, a response to your request will be provided as soon as is reasonably practicable, and in any case within 20 working days of receipt of your request, i.e. by 4 July 2022.

Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011

-----Original Message-----
From: Richard Wang <[FYI request #19570 email]>
Sent: Thursday, 2 June 2022 2:57 pm
To: OIA <[email address]>
Subject: Official Information request - Response to IPCA investigations

Good afternoon,

As you are aware, while the IPCA is tasked with investigating police misconduct, they have no authority to prosecute- instead, cases of police misconduct are referred back to New Zealand Police to decide whether to prosecute.

Under what circumstances would Crown Law and the Solicitor General review the decisions of Police not to charge Police officers who have been found to have engaged in misconduct, when Police choose not to do so?

Kind regards,
Richard Wang

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FYI request #19570 email]

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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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Confidentiality Notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please:
(a) reply promptly to that effect, and remove this email and the reply from your system; (b) do not act on this email in any other way. Thank you.

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From: OIA
Crown Law Office


Attachment 6896722 OIA response to Richard Wang 29 June 2022.PDF.pdf
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Please find attached, letter of today's date from Peter Gunn, in response to your email below.

Kind regards

Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011

-----Original Message-----
From: Richard Wang <[FOI #19570 email]>
Sent: Thursday, 2 June 2022 2:57 pm
To: OIA <[email address]>
Subject: Official Information request - Response to IPCA investigations

Good afternoon,

As you are aware, while the IPCA is tasked with investigating police misconduct, they have no authority to prosecute- instead, cases of police misconduct are referred back to New Zealand Police to decide whether to prosecute.

Under what circumstances would Crown Law and the Solicitor General review the decisions of Police not to charge Police officers who have been found to have engaged in misconduct, when Police choose not to do so?

Kind regards,
Richard Wang

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #19570 email]

Is [Crown Law Office request email] the wrong address for Official Information requests to Crown Law Office? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------
Confidentiality Notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please:
(a) reply promptly to that effect, and remove this email and the reply from your system; (b) do not act on this email in any other way. Thank you.

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From: Richard Wang

Dear Peter,

Thanks- so essentially, regardless of the outcomes of IPCA investigations, whether or not charges are laid in the event of police misconduct remains entirely within the discretion of New Zealand Police, who may or may not decide to request advice from Crown Law that they may or may not disregard.

Yours sincerely,
Richard Wang

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