Effect of Elizabeth II's death on the OIA
From: Mark Hanna
I'm writing to you as the ministry responsible for administering the Official Information Act 1982, regarding how the death of Elizabeth II may have affected how its definition of "working day" is applied.
The OIA's definition of a "working day" states that "the reigning Sovereign's birthday" is not considered a working day under the act.
The Sovereign's Birthday Observance Act 1952 section 2(c) states that any reference to the Sovereign's birthday within any Act should be considered to be a reference to the first Monday in June, but only "in respect of every year of the reign of Her Majesty Queen Elizabeth the Second after the year 1953".
As Elizabeth II's reign has come to an end, and Charles III is now the reigning sovereign, this section of the Sovereign's Birthday Observance Act 1952 no longer modifies references to "the Sovereign's birthday" such as the one in the OIA's definition of a "working day".
However, I am aware that the Holidays Act 2003 section 44(i) states that the public holiday on which "the birthday of the reigning Sovereign" is observed happens on the first Monday in June.
As the Ministry of Justice is responsible for administering the Official Information Act, I would like to ask for clarification on whether or not the following days would currently be considered working days under the Official Information Act 1982:
1. Monday the 14th of November 2022, being the birthday of Charles III
2. Monday June 5 2023, being the first Monday in June of that year and therefore public holiday on which the birthday of the reigning Sovereign is observed
Ministry of Justice
Thank you for contacting the Official Information Act request mailbox for
the Ministry of Justice. We will endeavour to acknowledge your
email within 2 working days
You can find more information about how we can help you at our Official
Information Act Requests page.
Please note that by law, when you ask for official information we have to
respond to your request as soon as reasonably practicable and no later
than 20 working days after we receive it.
Please send any non-OIA related emails through to
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Ministry of Justice
Tēnā koe Mark,
Thank you for emailing the Ministry of Justice.
We acknowledge receipt of your request regarding working days under the
Official Information Act 1982.
This has been forwarded onto the relevant business unit to respond to.
You can expect a response by 07/10/2022.
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800