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.

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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https://www.justice.govt.nz/about/offici...
2. mailto:[email address]
mailto:[email address]
3. mailto:[email address]
mailto:[email address]
4. http://www.justice.govt.nz/

Kia ora James,
 
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 11 August 2023.
 
Ngā mihi, 

 
Ministerial Relations and Services
  Governance and Assurance
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[1]www.justice.govt.nz

 
 
 
 
 
 
-----Original Message-----
From: James <[FOI #23826 email]>
Sent: Monday, 14 August 2023 1:09 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Cultural reports
 
Dear Ministry of Justice,
 
Under the OIA please provide the total number of cultural reports by
ethnicity (European, Maori, Pasifika, Asian etc) submitted to the courts
from November 2017 through to July 30th 2023.
 
Thank you.
 
Yours faithfully,
 
James
 
-------------------------------------------------------------------
 
This is an Official Information request made via the FYI website.
 
Please use this email address for all replies to this request:
[2][FOI #23826 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 #23826 email]
3. mailto:[Ministry of Justice request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

hide quoted sections

Tçnâ koe James,
 
Thank you for your email of 14 August 2023, to the Ministry of Justice
(the Ministry) requesting information on Cultural Reports, under the
Official Information Act 1982 (the Act).
 
We have interpreted your request to be asking for the number of Section 27
Cultural Reports submitted to the Courts. Can you please confirm whether
this interpretation is correct? If it is not, are you please able to
clarify what you are requesting where you have asked for “… the total
number of cultural reports, submitted to the courts.” You can find more
information about Section 27 Cultural Reports at: [1]Sentencing Act 2002
No 9 (as at 27 July 2023), Public Act 27 Offender may request court to
hear person on personal, family, whanau, community, and cultural
background of offender – New Zealand Legislation
 
I must advise that the Ministry is unable to provide information regarding
ethnicity. The Ministry’s reporting function does not allow us to record
information at this level. Therefore, any request for data broken down by
ethnicity would be refused under section 18(e).
 
Please note that in line with s15(1AA) of the Act, if a request is amended
or clarified after the date it was received, this may be treated as a new
request.
 
Under section 28 of the Act, you have the right to complain to the
Ombudsman about the Ministry’s handling of your request. The Ombudsman can
be contacted at: [2]www.ombudsman.parliament.nz 
 
We look forward to hearing from you soon.
 
Ngâ mihi,

 
  Ministerial Relations and Services
Governance and Assurance
[3]www.justice.govt.nz

_____________________________________________
From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Monday, 14 August 2023 2:39 pm
To: James <[FOI #23826 email]>
Subject: RE: Official Information request - Cultural reports
 
 
Kia ora James,
 
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 11 September 2023.
 
Ngâ mihi, 

 
Ministerial Relations and Services
  Governance and Assurance
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[4]www.justice.govt.nz

 
-----Original Message-----
From: James <[FOI #23826 email]>
Sent: Monday, 14 August 2023 1:09 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Cultural reports
 
Dear Ministry of Justice,
 
Under the OIA please provide the total number of cultural reports by
ethnicity (European, Maori, Pasifika, Asian etc) submitted to the courts
from November 2017 through to July 30th 2023.
 
Thank you.
 
Yours faithfully,
 
James
 
-------------------------------------------------------------------
 
This is an Official Information request made via the FYI website.
 
Please use this email address for all replies to this request:
[5][FOI #23826 email]
 
Is [6][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:
[7]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:
[8]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://www.legislation.govt.nz/act/publ...
2. http://www.ombudsman.parliament.nz/
3. http://www.justice.govt.nz/
4. http://www.justice.govt.nz/
5. mailto:[FOI #23826 email]
6. mailto:[Ministry of Justice request email]
7. https://fyi.org.nz/change_request/new?bo...
8. https://fyi.org.nz/help/officers

hide quoted sections

Tçnâ koe James,
 
I am writing to you to follow up on the email below, sent to you on
Wednesday 23 August 2023.
 
We have interpreted your request to be asking for the number of Section 27
Cultural Reports submitted to the Courts. Can you please confirm whether
this interpretation is correct? If it is not, are you please able to
clarify what you are requesting, where you have asked for “… the total
number of cultural reports, submitted to the courts.” You can find more
information about Section 27 Cultural Reports at: [1]Sentencing Act 2002
No 9 (as at 27 July 2023), Public Act 27 Offender may request court to
hear person on personal, family, whanau, community, and cultural
background of offender – New Zealand Legislation
 
I must advise that the Ministry is unable to provide information regarding
ethnicity. The Ministry’s reporting function does not allow us to record
information at this level. Therefore, any request for data broken down by
ethnicity would be refused under section 18(e).
 
Please note that in line with s15(1AA) of the Act, if a request is amended
or clarified after the date it was received, this may be treated as a new
request.
 
Under section 28 of the Act, you have the right to complain to the
Ombudsman about the Ministry’s handling of your request. The Ombudsman can
be contacted at: [2]www.ombudsman.parliament.nz 
 
We look forward to hearing from you soon.
 
Ngâ mihi,

 
  Ministerial Relations and Services
Governance and Assurance
[3]www.justice.govt.nz

__________________________________________
From: [Ministry of Justice request email]
Sent: Wednesday, 23 August 2023 1:44 pm
To: [FOI #23826 email]
Subject: Regarding your request for information (Our ref: OIA - 106781)
 
 
Tçnâ koe James,
 
Thank you for your email of 14 August 2023, to the Ministry of Justice
(the Ministry) requesting information on Cultural Reports, under the
Official Information Act 1982 (the Act).
 
We have interpreted your request to be asking for the number of Section 27
Cultural Reports submitted to the Courts. Can you please confirm whether
this interpretation is correct? If it is not, are you please able to
clarify what you are requesting where you have asked for “… the total
number of cultural reports, submitted to the courts.” You can find more
information about Section 27 Cultural Reports at: [4]Sentencing Act 2002
No 9 (as at 27 July 2023), Public Act 27 Offender may request court to
hear person on personal, family, whanau, community, and cultural
background of offender – New Zealand Legislation
 
I must advise that the Ministry is unable to provide information regarding
ethnicity. The Ministry’s reporting function does not allow us to record
information at this level. Therefore, any request for data broken down by
ethnicity would be refused under section 18(e).
 
Please note that in line with s15(1AA) of the Act, if a request is amended
or clarified after the date it was received, this may be treated as a new
request.
 
Under section 28 of the Act, you have the right to complain to the
Ombudsman about the Ministry’s handling of your request. The Ombudsman can
be contacted at: [5]www.ombudsman.parliament.nz 
 
We look forward to hearing from you soon.
 
Ngâ mihi,

   
<< OLE Object: Picture (Device Ministerial Relations and Services
Independent Bitmap) >> Governance and Assurance
[6]www.justice.govt.nz

_____________________________________________
From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Monday, 14 August 2023 2:39 pm
To: James <[FOI #23826 email]>
Subject: RE: Official Information request - Cultural reports
 
 
Kia ora James,
 
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 11 September 2023.
 
Ngâ mihi, 

 
Ministerial Relations and Services
  Governance and Assurance
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[7]www.justice.govt.nz

 
-----Original Message-----
From: James <[FOI #23826 email]>
Sent: Monday, 14 August 2023 1:09 pm
To: [Ministry of Justice request email]
Subject: Official Information request - Cultural reports
 
Dear Ministry of Justice,
 
Under the OIA please provide the total number of cultural reports by
ethnicity (European, Maori, Pasifika, Asian etc) submitted to the courts
from November 2017 through to July 30th 2023.
 
Thank you.
 
Yours faithfully,
 
James
 
-------------------------------------------------------------------
 
This is an Official Information request made via the FYI website.
 
Please use this email address for all replies to this request:
[8][FOI #23826 email]
 
Is [9][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:
[10]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:
[11]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://www.legislation.govt.nz/act/publ...
2. http://www.ombudsman.parliament.nz/
3. http://www.justice.govt.nz/
4. https://www.legislation.govt.nz/act/publ...
5. http://www.ombudsman.parliament.nz/
6. http://www.justice.govt.nz/
7. http://www.justice.govt.nz/
8. mailto:[FOI #23826 email]
9. mailto:[Ministry of Justice request email]
10. https://fyi.org.nz/change_request/new?bo...
11. https://fyi.org.nz/help/officers

hide quoted sections

Tēnā koe James,

 

Thank you for your reply of 28 August 2023. We apologise for the delay in
responding to your email.

 

Legal Aid Services introduced the specific recording of ‘section 27
cultural reports’ after the changes to legal aid forms. Although some
ethnicity data has historically been collected for legal aid applications,
this is only available for a very limited number of cases. This is because
a person’s ethnicity used to be included in the legal aid application
form, but this field was removed in 2017 as part of work to simplify the
forms and process for applying for aid. This data is published on our
website at:
[1]www.justice.govt.nz/assets/Documents/Publications/16cvkRt_Legal_aid_dec2022_v1.0.xlsx

 

As a result, almost all records of payments for section 27 cultural
reports will sitting on legal aid cases, where ethnicity was not recorded.
Therefore, any data that the Ministry does hold will be incomplete, with
more than 80% of applicants having an ethnicity recorded as “unknown” or
“other” in recent years. Providing this information would be misleading
and entirely inaccurate as the ethnicity totals would not be a true
representation of the actual applicant ethnicity breakdown.

 

It is likely that an accurate record of the ethnicity of an individual who
has had a section 27 cultural report ordered under the Sentencing Act
2002, will likely exist in the court record for each individual case.
However, as the courts are not subject to the Official Information Act,
under section 2(6)(a), any request for this information would be refused
under section 18(g) of the Act.

 

With the above in mind, could you please confirm if you would like to
withdraw your request?

 

Under section 28 of the Act, you have the right to complain to the
Ombudsman about the Ministry’s handling of your request. The Ombudsman can
be contacted at: [2]www.ombudsman.parliament.nz

 

We look forward to hearing from you soon.

 

Ngā mihi,

   

Ministerial Relations and Services

Governance and Assurance
[3]www.justice.govt.nz

 

-----Original Message-----
From: James <[FOI #23826 email]>
Sent: Monday, 28 August 2023 3:46 pm
To: [Ministry of Justice request email]
Subject: RE: Regarding your request for information (Our ref: OIA -
106781)

 

Dear [4][Ministry of Justice request email],

 

Apologies.

Can I please confirm your previous email for clarification, that the
Ministry of Justice doesn’t collect or collate any data from cultural
reports submitted around ethnicity whatsoever?

 

Is this correct? If so I will withdraw this request upon your
confirmation.

 

Yours sincerely,

 

James

 

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

 

Tçnâ koe James,

 

I am writing to you to follow up on the email below, sent to you on 
Wednesday 23 August 2023.

 

We have interpreted your request to be asking for the number of Section 27
 Cultural Reports submitted to the Courts. Can you please confirm whether 
this interpretation is correct? If it is not, are you please able to 
clarify what you are requesting, where you have asked for “… the total 
number of cultural reports, submitted to the courts.” You can find more 
information about Section 27 Cultural Reports at: [1]Sentencing Act 2002 
No 9 (as at 27 July 2023), Public Act 27 Offender may request court to 
hear person on personal, family, whanau, community, and cultural 
background of offender – New Zealand Legislation

 

I must advise that the Ministry is unable to provide information
regarding  ethnicity. The Ministry’s reporting function does not allow us
to record  information at this level. Therefore, any request for data
broken down by  ethnicity would be refused under section 18(e).

 

Please note that in line with s15(1AA) of the Act, if a request is
amended  or clarified after the date it was received, this may be treated
as a new  request.

 

Under section 28 of the Act, you have the right to complain to the 
Ombudsman about the Ministry’s handling of your request. The Ombudsman
can  be contacted at: [2][5]www.ombudsman.parliament.nz 

 

We look forward to hearing from you soon.

 

Ngâ mihi,

 

 

  Ministerial Relations and Services

Governance and Assurance

[3][6]www.justice.govt.nz

 

__________________________________________

From: [Ministry of Justice request email]

Sent: Wednesday, 23 August 2023 1:44 pm

To: [FOI #23826 email]

Subject: Regarding your request for information (Our ref: OIA - 106781)

 

 

Tçnâ koe James,

 

Thank you for your email of 14 August 2023, to the Ministry of Justice 
(the Ministry) requesting information on Cultural Reports, under the 
Official Information Act 1982 (the Act).

 

We have interpreted your request to be asking for the number of Section
27  Cultural Reports submitted to the Courts. Can you please confirm
whether  this interpretation is correct? If it is not, are you please able
to  clarify what you are requesting where you have asked for “… the total 
number of cultural reports, submitted to the courts.” You can find more 
information about Section 27 Cultural Reports at: [4]Sentencing Act 2002 
No 9 (as at 27 July 2023), Public Act 27 Offender may request court to 
hear person on personal, family, whanau, community, and cultural 
background of offender – New Zealand Legislation

 

I must advise that the Ministry is unable to provide information
regarding  ethnicity. The Ministry’s reporting function does not allow us
to record  information at this level. Therefore, any request for data
broken down by  ethnicity would be refused under section 18(e).

 

Please note that in line with s15(1AA) of the Act, if a request is
amended  or clarified after the date it was received, this may be treated
as a new  request.

 

Under section 28 of the Act, you have the right to complain to the 
Ombudsman about the Ministry’s handling of your request. The Ombudsman
can  be contacted at: [5][7]www.ombudsman.parliament.nz 

 

We look forward to hearing from you soon.

 

Ngâ mihi,

 

   

<< OLE Object: Picture (Device Ministerial Relations and Services 
Independent Bitmap) >> Governance and Assurance  [6][8]www.justice.govt.nz

 

_____________________________________________

From: [Ministry of Justice request email] <[Ministry of Justice request
email]>

Sent: Monday, 14 August 2023 2:39 pm

To: James <[FOI #23826 email]>

Subject: RE: Official Information request - Cultural reports

 

 

Kia ora James,

 

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 11 September 2023.

 

Ngâ mihi, 

 

 

Ministerial Relations and Services

  Governance and Assurance

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[7][9]www.justice.govt.nz

 

 

 

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

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

[10][FOI #23826 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[11]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/assets/Docume...
2. http://www.ombudsman.parliament.nz/
3. http://www.justice.govt.nz/
4. mailto:[Ministry of Justice request email]
5. http://www.ombudsman.parliament.nz/
6. http://www.justice.govt.nz/
7. http://www.ombudsman.parliament.nz/
8. http://www.justice.govt.nz/
9. http://www.justice.govt.nz/
10. mailto:[FOI #23826 email]
11. https://fyi.org.nz/help/officers

hide quoted sections

Tēnā koe James,

 

Thank you for your response and for clarifying your request.

 

As advised previously, in line with s15(1AA) of the Act, as your request
has been clarified after the date it was received, it is being treated as
a new request for the purposes of the Act.

 

The new deadline for this request is Thursday 28 September 2023. You can
expect to receive a response by this date.

 

Ngā mihi,

   

Ministerial Relations and Services

Governance and Assurance
[1]www.justice.govt.nz

 

-----Original Message-----
From: James <[FOI #23826 email]>
Sent: Thursday, 31 August 2023 2:08 pm
To: [Ministry of Justice request email]
Subject: RE: Regarding your request for information (Our ref: OIA -
106781)

 

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

 

Thank you for your reply.

 

As per your response, while recognising that the data held will not paint
a full picture, I still require the limited (20% by your estimation)
information on cultural reports that is held by the Ministry of Justice.

 

Yours sincerely,

 

James

 

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

 

Tēnā koe James,

 

 

 

Thank you for your reply of 28 August 2023. We apologise for the delay in 
responding to your email.

 

 

 

Legal Aid Services introduced the specific recording of ‘section 27 
cultural reports’ after the changes to legal aid forms. Although some 
ethnicity data has historically been collected for legal aid
applications,  this is only available for a very limited number of cases.
This is because  a person’s ethnicity used to be included in the legal aid
application  form, but this field was removed in 2017 as part of work to
simplify the  forms and process for applying for aid. This data is
published on our  website at:

[1][3]www.justice.govt.nz/assets/Documents/Publications/16cvkRt_Legal_aid_dec2022_v1.0.xlsx

 

 

 

As a result, almost all records of payments for section 27 cultural 
reports will sitting on legal aid cases, where ethnicity was not recorded.

Therefore, any data that the Ministry does hold will be incomplete, with 
more than 80% of applicants having an ethnicity recorded as “unknown” or 
“other” in recent years. Providing this information would be misleading 
and entirely inaccurate as the ethnicity totals would not be a true 
representation of the actual applicant ethnicity breakdown.

 

 

 

It is likely that an accurate record of the ethnicity of an individual
who  has had a section 27 cultural report ordered under the Sentencing
Act  2002, will likely exist in the court record for each individual case.

However, as the courts are not subject to the Official Information Act, 
under section 2(6)(a), any request for this information would be refused 
under section 18(g) of the Act.

 

 

 

With the above in mind, could you please confirm if you would like to 
withdraw your request?

 

 

 

Under section 28 of the Act, you have the right to complain to the 
Ombudsman about the Ministry’s handling of your request. The Ombudsman
can  be contacted at: [2][4]www.ombudsman.parliament.nz

 

 

 

We look forward to hearing from you soon.

 

 

 

Ngā mihi,

 

   

 

Ministerial Relations and Services

 

Governance and Assurance

[3][5]www.justice.govt.nz

 

 

 

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

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

[6][FOI #23826 email]

 

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:[Ministry of Justice request email]
3. http://www.justice.govt.nz/assets/Docume...
4. http://www.ombudsman.parliament.nz/
5. http://www.justice.govt.nz/
6. mailto:[FOI #23826 email]
7. https://fyi.org.nz/help/officers

hide quoted sections

Tēnā koe James,

 

Please find attached a letter regarding your request for information, of
14 August 2023.

 

Ngā mihi,

   

Ministerial Relations and Services

Governance and Assurance
[1]www.justice.govt.nz

 

From: [Ministry of Justice request email]
Sent: Friday, 1 September 2023 10:58 am
To: James <[FOI #23826 email]>
Subject: RE: Regarding your request for information (Our ref: OIA -
106781)

 

Tēnā koe James,

 

Thank you for your response and for clarifying your request.

 

As advised previously, in line with s15(1AA) of the Act, as your request
has been clarified after the date it was received, it is being treated as
a new request for the purposes of the Act.

 

The new deadline for this request is Thursday 28 September 2023. You can
expect to receive a response by this date.

 

Ngā mihi,

   

Ministerial Relations and Services

Governance and Assurance
[2]www.justice.govt.nz

 

-----Original Message-----
From: James <[3][FOI #23826 email]>
Sent: Thursday, 31 August 2023 2:08 pm
To: [4][Ministry of Justice request email]
Subject: RE: Regarding your request for information (Our ref: OIA -
106781)

 

Dear [5][Ministry of Justice request email],

 

Thank you for your reply.

 

As per your response, while recognising that the data held will not paint
a full picture, I still require the limited (20% by your estimation)
information on cultural reports that is held by the Ministry of Justice.

 

Yours sincerely,

 

James

 

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

 

Tēnā koe James,

 

 

 

Thank you for your reply of 28 August 2023. We apologise for the delay in 
responding to your email.

 

 

 

Legal Aid Services introduced the specific recording of ‘section 27 
cultural reports’ after the changes to legal aid forms. Although some 
ethnicity data has historically been collected for legal aid
applications,  this is only available for a very limited number of cases.
This is because  a person’s ethnicity used to be included in the legal aid
application  form, but this field was removed in 2017 as part of work to
simplify the  forms and process for applying for aid. This data is
published on our  website at:

[1][6]www.justice.govt.nz/assets/Documents/Publications/16cvkRt_Legal_aid_dec2022_v1.0.xlsx

 

 

 

As a result, almost all records of payments for section 27 cultural 
reports will sitting on legal aid cases, where ethnicity was not recorded.

Therefore, any data that the Ministry does hold will be incomplete, with 
more than 80% of applicants having an ethnicity recorded as “unknown” or 
“other” in recent years. Providing this information would be misleading 
and entirely inaccurate as the ethnicity totals would not be a true 
representation of the actual applicant ethnicity breakdown.

 

 

 

It is likely that an accurate record of the ethnicity of an individual
who  has had a section 27 cultural report ordered under the Sentencing
Act  2002, will likely exist in the court record for each individual case.

However, as the courts are not subject to the Official Information Act, 
under section 2(6)(a), any request for this information would be refused 
under section 18(g) of the Act.

 

 

 

With the above in mind, could you please confirm if you would like to 
withdraw your request?

 

 

 

Under section 28 of the Act, you have the right to complain to the 
Ombudsman about the Ministry’s handling of your request. The Ombudsman
can  be contacted at: [2][7]www.ombudsman.parliament.nz

 

 

 

We look forward to hearing from you soon.

 

 

 

Ngā mihi,

 

   

 

Ministerial Relations and Services

 

Governance and Assurance

[3][8]www.justice.govt.nz

 

 

 

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Dear James

 

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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