30 November 2023
By email:
[FYI request #24750 email]
Tēnā koe
Official information request for Crown Law Prosecution Guidelines
Our Ref: OIA353/1
1.
I refer to your official information request of 14 November 2023 for “a copy of
the ‘Crown Law Prosecution Guidelines’ that the NZ Police Prosecution Service
follows.”
2.
The Solicitor-General is responsible for the general oversight of public
prosecutions. In exercising that responsibility, the Solicitor General periodically
issues guidelines on the conduct of public prosecutions (
Guidelines).
3.
As a general principle, all public prosecutions – including those handled by Police
– should comply with the Guidelines. However, the Guidelines are not an
instruction manual for prosecutors and do not cover every decision that must be
made by prosecutors and enforcement agencies. They do not purport to lay
down any rule of law.
4.
In total, there are twelve (12) individual documents that make up the Solicitor-
General’s Guidelines. Those documents are publicly available on Crown Law’s
website and can be accessed
here. The primary document within the Guidelines
that appears most relevant to your request is the
Solicitor-General’s Prosecution
Guidelines 2013, a copy of which is
enclosed.
Proactive release
5.
We may publish this response on our website if we decide proactive release of
this information is or may be in the public interest. If you have any concerns
about this, please let us know within 10 working days of the date of this letter.
Your right to seek and investigation and review
6.
You have the right to seek an investigation and review by the Ombudsman of this
response to your official information request. Information about how to make a
complaint is available at www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
Level 3 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
7604056_1
