Effect of Elizabeth II's death on the OIA

Mark Hanna made this Official Information request to Ministry of Justice

The request was successful.

From: Mark Hanna

Tēnā koe,

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

Ngā mihi,
Mark Hanna

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From: OIA@justice.govt.nz
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 [1]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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From: OIA@justice.govt.nz
Ministry of Justice


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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.

 

Ngā mihi,

Ellen

   

Ministerial Relations and Services

Strategy, Governance and Finance
DDI: +64 4 918 8800

[1]www.justice.govt.nz

 

-----Original Message-----
From: Mark Hanna <[FOI #20498 email]>
Sent: Friday, 9 September 2022 12:51 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Effect of Elizabeth II's death on
the OIA

 

Tēnā koe,

 

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

 

Ngā mihi,

Mark Hanna

 

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

 

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

 

Please use this email address for all replies to this request:

[2][FOI #20498 email]

 

Is [3][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[4]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:

[5]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.

 

 

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

 

References

Visible links
1. http://www.justice.govt.nz/
2. mailto:[FOI #20498 email]
3. mailto:[Ministry of Justice request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

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From: OIA@justice.govt.nz
Ministry of Justice

Dear Mr Hanna

 

Thank you for your email of 9 September 2022, in which you request
information pertaining to the death of HM Queen Elizabeth II and the
definition of working day in the Official Information Act 1982.

 

Monday the 14th of November 2022 will be a working day for the purposes of
the Official Information Act 1982. The Office of the Governor-General has
confirmed that the King’s birthday will continue to be observed on the
first Monday in June.

 

As you will be aware, the Ministry of Culture and Heritage has also
indicated that the Sovereign’s Birthday Observance Act 1952 will be
updated in due course:
[1]fyi.org.nz/request/20499-plans-to-amend-the-sovereign-s-birthday-observance-act-1952#incoming-77901

 

Yours sincerely

 

Jan Morison

Team Leader, Ministerial Relations and Services

 

 

 

-----Original Message-----
From: Mark Hanna <[2][FOI #20498 email]>
Sent: Friday, 9 September 2022 12:51 pm
To: [3][Ministry of Justice request email]
Subject: Official Information request - Effect of Elizabeth II's death on
the OIA

 

Tēnā koe,

 

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

 

Ngā mihi,

Mark Hanna

 

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

 

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

 

Please use this email address for all replies to this request:

[4][FOI #20498 email]

 

Is [5][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[6]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:

[7]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.

 

 

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

 

References

Visible links
1. https://fyi.org.nz/request/20499-plans-t...
2. mailto:[FOI #20498 email]
3. mailto:[Ministry of Justice request email]
4. mailto:[FOI #20498 email]
5. mailto:[Ministry of Justice request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

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