16 August 2022
By email: [FYI request #19989 email]
Dear Mr Sewell Your OIA Request
Our Ref: OIA353/1
We refer to your request of 22 July 2022 under the Official Information Act 1982
All Crown Law policies relating to gender diverse and/or sexual diverse
(LGBTIQ+, Takatāpui, queer) people appearing as defendants, witnesses
and/or complainants in Crown prosecuted criminal court cases.
All Crown training policies relating to the staff interactions (including
examination and cross- examination) with gender diverse and sexually
diverse ((LGBTIQ+, Takatāpui, queer) people.
All documents identified in relation to question [b].
In response to your first question, we advise that, while the Solicitor-General
maintains oversight of the conduct of public prosecutions (Criminal Procedure
Act 2011, s 185) and the Crown Law Office conducts criminal appeals arising out
of Crown prosecutions, the Crown Law Office does not itself conduct
prosecutions. Rather, Crown prosecutions are conducted by the Crown Solicitors’
offices in each district. Crown Solicitors are primarily responsible for training the
prosecutors they employ, and for implementing appropriate policies for their
prosecutors’ conduct. Other than the general guidance provided for Crown
Solicitors and prosecutors in the Crown Solicitors’ Terms of Office and the
Solicitor-General Prosecution Guidelines, Crown Law does not have specific
policies on prosecutorial conduct, including any policy on “gender diverse and/or
sexually diverse (LGBTIQ+, Takatāpui, queer) people appearing as defendants,
witnesses and/or complainants in Crown prosecuted criminal court cases”.
Level 3 Justice C entre, 19 Aitken Street, Wel ington 6011 | PO Box 2858 or DX SP20208, Wel ington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
With respect to your second question, we have been unable to identify any
Crown Law training material relating to staff interactions with LGBTIQ+,
Takatāpui, queer people.
Recently a Senior Advisor - Capability and Culture has been appointed. It is
anticipated that person’s future pieces of work would likely include an inclusion
and diversity strategic plan, an Inclusion and Diversity policy, and other initiatives
that will support Crown Law to raise awareness of the domains associated with
(among other things) gender identity, gender expression, anatomical sex, and
sexual or romantic connection.
The office utilises a cross-agency resource which has been developed - the Te
Puka Ārahi i te Reo Tuwhera mō te Ranga Aniwaniwa | Rainbow inclusive
language guide. The guide explains how to use inclusive language for Rainbow
communities and the importance of doing so in the Public Service. Te Kawa
Mataaho’s the Public Service Commission’s intention is to ensure all our Public
Service Rainbow colleagues, and the Rainbow communities we serve, feel that
they are treated respectfully and inclusively.
In response to your third request the guide is published on Te Kawa Mataaho’s
The Solicitor-General (and Chief Executive of Crown Law) is the Chief Executives’
“rainbow champion” – part of the collective mahi chief executives do across the
public service to grow inclusion and diversity in public service agencies.
With exception of the guide the remainder of your request is declined under
section 18(e) of the OIA because the document al eged to contain the
information requested does not exist or cannot be found. For completeness, we
note that no similar information is readily available.
You have a right, by way of complaint under s 28(3) of the OIA to an
Ombudsman, to seek an investigation and review of the refusal.
Senior Crown Counsel