Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
3 April 2023
J. A. Harris
[FYI request #22010 email]
Our ref: OIA 103076
Tēnā koe J. A. Harris
Official Information Act request: 78B applications and decision making
Thank you for your email of 6 March 2023 in which you requested under the Official
Information Act 1982 (the Act):
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 (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proceeded to defended hearing but were withdrawn by the prosecuting authority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.
On 14 March 2023 the Ministry contacted you to clarify your request. In line with s15A(1)(a)
of the Act, your clarified request becomes a new request for the purposes of the Act and
therefore resets the due date.
A response to your request is being prepared. However, due to the volume of information
that your request covers, a response cannot reasonably be made within the original time
limit. Accordingly, I am extending the time limit for response to this request under section
15A of the Act and wil respond to you by 25 May 2023.
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Ombudsman may be contacted by phone
on 0800 802 602 or by email to [email address].
Nāku noa, nā
Antony Paltridge
Team Leader, Ministerial Relations, and Services
