Kia ora,

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 of your
request.

 

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.

 

The Ministry of Justice may publish the response to your request on our
website, you can expect that if your OIA is to be published that this will
take place at least 10 working days after it has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons).

 

Please send any non-OIA related emails through to
o[2][email address] and any complaints through
to [3][email address]

Ngā mihi,

Ministerial Relations and Services

Governance and Assurance

DDI: +64 4 918 8800

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[4]www.justice.govt.nz

References

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Kia ora,

Thank you for emailing the Ministry of Justice.

We acknowledge receipt of your request.

This has been forwarded onto the relevant business unit to respond to.

The Ministry of Justice may publish the response to your request on our website, you can expect that if your OIA is to be published that this will take place at least 10 working days after it has been sent you. Your name and any other personal information will be withheld under Section 9(2)(a) (protect the privacy of natural persons).

You can expect a response by 03/04/2023.

Ngā mihi,

Ministerial Relations and Services
Governance and Assurance
Strategy, Governance and Assurance
04 918 8800 | Ministry of Justice | Tāhū o te Ture www.justice.govt.nz

-----Original Message-----
From: J A Harris <[FOI #22010 email]>
Sent: Monday, 6 March 2023 5:11 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Summary Proceedings Act section 78B requests

Dear Ministry of Justice,

Please provide information on the number of Section 78B applications (application received since 1 Jan 2018 to date. In particular, please include the following data points so analysis can be undertaken and conclusions drawn.

reason for 78b application
result of 78b application
indicate whether (and the number of multiple 78Bs) made for the same matter prosecuting or enforcing authority to as much detail as possible (eg a particular Police region or function) number of 78b applications which proceeded to collection number of 78b applications which proceeded to defended hearing and outcome of (eg number guilty/not guilty after defended hearing) number of 78b applications which proceeded to defended hearing but were withdrawn by the prosecuting authority number of 78b applications which proceeded to defended hearing but were tossed out by the court

Please provide data on the time or person-hours and costs incurred/required/used to process these 78B applications.

Please provide information on any and all internal processes, policies, guidelines, or other documents followed or referred to by MOJ staff or Court staff (including registrars, judges, clerks etc) in considering a 78B application.

Please provide information on any general advice or feedback given by MOJ or Courts to prosecuting authorities around 78B applications.

Please provide information on any efforts or initiatives undertaken within MOJ or Courts, or in partnership with prosecuting agencies, to reduce or manage the number of 78b applications or improve the agencies processes in order to avoid 78B applications.

I am hoping to ascertain which agencies are driving 78B applications, particularly multiple 78B applications which waste the courts time, through failures of their own or issues with due process.

Yours faithfully,

JA HARRIS

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

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

Please use this email address for all replies to this request:
[FOI #22010 email]

Is [Ministry of Justice request email] the wrong address for Official Information requests to Ministry of Justice? 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.

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

hide quoted sections

Tçnâ koe,

 

Thank you for your email of 6 March 2023 requesting, under the Official
Information Act 1982 (the Act), information regarding 78B applications.

 

Section 12(2) of the Act requires that the information sought must be
“specified with due particularity”, which means the Ministry must be
reasonably able to identify what information is being requested by you.

 

Therefore, can you please provide a clearer explanation or alternative
wording for the following part of your request:

 

“Indicate whether (and the number of multiple 78Bs) made for the same
matter prosecuting or enforcing authority to as much detail as possible
(e.g. a particular Police region or function) number of 78b applications
which proceeded to collection number of 78b applications which proceeded
to defended hearing and outcome of (e.g. number guilty/not guilty after
defended hearing) number of 78b applications which proceeded to defended
hearing but were withdrawn by the prosecuting authority number of 78b
applications which proceeded to defended hearing but were tossed out by
the court”

 

Further, when you request the “number of 78b applications which proceed to
collection”,  is your request for the number of applications that are
unsuccessful and remain with the court collections unit? If not, please
specify what you are requesting.

 

Finally, we have separated the last paragraph of your request into the
below. Can you please confirm that we have interpreted your request
correctly. If not, please clarify.

 

•             number of 78b applications which proceeded to defended
hearing and outcome of (e.g. number guilty/not guilty after defended
hearing)

•             number of 78b applications which proceeded to defended
hearing but were withdrawn by the prosecuting authority

•             number of 78b applications which proceeded to defended
hearing but were tossed out by the court

 

Once we have received clarification of the points raised above from you,
we can continue with you request.

Alternatively if you would prefer to withdraw this request, please let us
know.

 

Ngâ mihi,

   

Ministerial Relations and Services

Governance and Assurance
Tel: +64 4 918 8800

[1]www.justice.govt.nz

 

-----Original Message-----

From: J A Harris <[2][FOI #22010 email]>

Sent: Monday, 6 March 2023 5:11 pm

To: [3][Ministry of Justice request email]

Subject: Official Information request - Summary Proceedings Act section
78B requests

 

Dear Ministry of Justice,

 

Please provide information on the number of Section 78B applications
(application  received since 1 Jan 2018 to date. In particular, please
include the following data points so analysis can be undertaken and
conclusions drawn.

 

reason for 78b application

result of 78b application

indicate whether (and the number of multiple 78Bs) made for the same
matter prosecuting or enforcing authority to as much detail as possible
(e.g. a particular Police region or function) number of 78b applications
which proceeded to collection number of 78b applications which proceeded
to defended hearing and outcome of (e.g. number guilty/not guilty after
defended hearing) number of 78b applications which proceeded to defended
hearing but were withdrawn by the prosecuting authority number of 78b
applications which proceeded to defended hearing but were tossed out by
the court

 

Please provide data on the time or person-hours and costs
incurred/required/used to process these 78B applications.

 

Please provide information on any and all internal processes, policies,
guidelines, or other documents followed or referred to by MOJ staff or
Court staff (including registrars, judges, clerks etc) in considering a
78B application.

 

Please provide information on any general advice or feedback given by MOJ
or Courts to prosecuting authorities around 78B applications.

 

Please provide information on any efforts or initiatives undertaken within
MOJ or Courts, or in partnership with prosecuting agencies, to reduce or
manage the number of 78b applications or improve the agencies processes in
order to avoid 78B applications.

 

I am hoping to ascertain which agencies are driving 78B applications,
particularly multiple 78B applications which waste the courts time,
through failures of their own or issues with due process.

 

Yours faithfully,

 

JA HARRIS

 

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

 

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

 

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

[4][FOI #22010 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. http://www.justice.govt.nz/
2. mailto:[FOI #22010 email]
3. mailto:[Ministry of Justice request email]
4. mailto:[FOI #22010 email]
5. mailto:[Ministry of Justice request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

hide quoted sections

Tēnā koe,

 

Thank you for your response and for confirming that our interpretation of
your request is correct.

 

Please note that in line with s15(1AA) of the Official  Information Act
1982 (the Act), as clarification of your request was sought within 7
working days, the new due date for your request is now Thursday 13 April
2023.

 

We will be in touch with you in due course.

 

Ngā mihi nui,

   

Rebekah Hoyles (she/her)

Kaitohutohu - Advisor | Ministerial Relations and Services

Governance and Assurance

Ministry of Justice | Tāhū o te Ture [1]www.justice.govt.nz

 

-----Original Message-----
From: J A Harris <[FOI #22010 email]>
Sent: Tuesday, 14 March 2023 2:48 pm
To: [Ministry of Justice request email]
Subject: RE: Official Information request - Summary Proceedings Act
section 78B requests

 

Dear [2][Ministry of Justice request email],

 

Your interpretations are correct, and I am happy to proceed with request
as you have detailed.

 

Yours sincerely,

 

J A Harris

 

-----Original Message-----

 

Tçnâ koe,

 

 

 

Thank you for your email of 6 March 2023 requesting, under the Official 
Information Act 1982 (the Act), information regarding 78B applications.

 

 

 

Section 12(2) of the Act requires that the information sought must be 
“specified with due particularity”, which means the Ministry must be 
reasonably able to identify what information is being requested by you.

 

 

 

Therefore, can you please provide a clearer explanation or alternative 
wording for the following part of your request:

 

 

 

“Indicate whether (and the number of multiple 78Bs) made for the same 
matter prosecuting or enforcing authority to as much detail as possible 
(e.g. a particular Police region or function) number of 78b applications 
which proceeded to collection number of 78b applications which proceeded 
to defended hearing and outcome of (e.g. number guilty/not guilty after 
defended hearing) number of 78b applications which proceeded to defended 
hearing but were withdrawn by the prosecuting authority number of 78b 
applications which proceeded to defended hearing but were tossed out by 
the court”

 

 

 

Further, when you request the “number of 78b applications which proceed
to  collection”,  is your request for the number of applications that are 
unsuccessful and remain with the court collections unit? If not, please 
specify what you are requesting.

 

 

 

Finally, we have separated the last paragraph of your request into the 
below. Can you please confirm that we have interpreted your request 
correctly. If not, please clarify.

 

 

 

•             number of 78b applications which proceeded to defended 
hearing and outcome of (e.g. number guilty/not guilty after defended

hearing)

 

•             number of 78b applications which proceeded to defended 
hearing but were withdrawn by the prosecuting authority

 

•             number of 78b applications which proceeded to defended 
hearing but were tossed out by the court

 

 

 

Once we have received clarification of the points raised above from you, 
we can continue with you request.

 

Alternatively if you would prefer to withdraw this request, please let us 
know.

 

 

 

Ngâ mihi,

 

   

 

Ministerial Relations and Services

 

Governance and Assurance

Tel: +64 4 918 8800

 

[1][3]www.justice.govt.nz

 

 

 

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

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

[4][FOI #22010 email]

 

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:[Ministry of Justice request email]
3. http://www.justice.govt.nz/
4. mailto:[FOI #22010 email]
5. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora J A Harris

 

Please find attached an extension letter for your OIA query regarding s78B
applications.

 

 

Ngā mihi  

Annie  

   

   

[1]Description: Annie May
http://justice.govt.nz/courts/shared/jus...
Senior
Advisor (Communications)

Ph: 027 291 7573

[2]www.justice.govt.nz

 

 

 

References

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Dear JA Harris

 

Please find your OIA response attached.

 

 

Ngā mihi,

Communications Services
Ministry of Justice | Tāhū o te Ture

www.[1]justice.govt.nz

 

 

 

References

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