Crown Solicitors representing the SPCA
Grace Haden made this Official Information request to Crown Law Office
The request was successful.
From: Grace Haden
Dear Crown Law Office,
I refer to your previous responses to myself and others with regards to crown solicitors representing the SPCA
The SPCA is a private charity but appears to be represented nationwide by lawyers from the crown solicitors office
A recent response Briar Charmley from your office stated " the Solicitor-General supports Crown Solicitors' involvement in SPCA prosecutions and does not require individual dispensations to be sought in the same way as for other private prosecutions"
Because of the representation by a crown solicitor and the frequent references to the “crown”, the courts and defence lawyers have been misled even resulting in the intituling of the court in CRI-2018-092-012517[2022] NZDC 13368 to read the Queen v see here https://www.districtcourts.govt.nz/all-j...
Another member of the same family has now been targeted by the SPCA and the legal aid lawyer has stated "This is NOT a private prosecution. " and constantly refers to the proceedings as a crown prosecution.
I have been provided with case law from the supreme court S (SC 58/2019) v VECTOR LIMITED [2020] NZSC 97 [21 September 2020] https://web.archive.org/web/202110060120...
which highlights the safety provisions of section 26 of the criminal procedure act , provisions which are seemingly ignored due to the involvement of the crown solicitor. Potentially leading t a miscarriage of justice as persons involved believed that the robust checks and balances of a crown prosecution had been deployed
.
Instead we have a private prosecution which seeks to evade every challenge to accountability and circumvented the very important section 26 Criminal procedure act provisions.which are addressed at length in the case law
We have previously asked for but have never received a copy of the dispensation or any memoranda which officially states that the SPCA can be represented by the crown. To this time it appears to be hearsay when the terms of office specifically state “ Unless granted dispensation by the Solicitor-General, for a specific case or class of cases, Crown Solicitors and lawyers in the Crown Solicitor firm may not: act for the prosecutor in any private prosecution;16.4 crown solicitor terms of office 2017
Please urgently provide those documents and also show that the supreme court case law was considered before or after giving a private entity the right to representation by a crown solicitor who repeatedly discloses their status as a crown solicitor and misleadingly refers to the crown in their documents
While we understand that representation of the SPCA by the crown may may be historic , this supreme court decision makes it clear that this changed with the passing of the criminal procedure act in 2011. Foot note 54 of the case law
In your previous responses you have only considered the crown solicitors terms of office but have not considered how the legislation and supreme court case law impact on your apparent unofficial view of consent existing .
Please provide by OIA the date on which dispensation was given , copies of the docuemnt or memoranda whcih records this confirms dispensation for the terms of office in relation to the RNZSPCA and that in doing so the 2011 criminal procedure act and and the views of the supreme court were considered.
Yours faithfully,
Grace Haden
From: OIA
Crown Law Office
Dear Grace
We acknowledge receipt of your email of 19 March 2024 requesting information under the Official Information Act 1982.
In accordance with section 15 of the Official Information Act, a response to your request will be provided as soon as is reasonably practicable, and in any case within 20 working days of receipt of your request, i.e. by 18 April 2024 (taking into account Good Friday and Easter Monday).
Ngā mihi nui | Kind regards
Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011
-----Original Message-----
From: Grace Haden <[FOI #26161 email]>
Sent: Tuesday, March 19, 2024 8:35 PM
To: OIA <[email address]>
Subject: Official Information request - Crown Solicitors representing the SPCA
Dear Crown Law Office,
I refer to your previous responses to myself and others with regards to crown solicitors representing the SPCA
The SPCA is a private charity but appears to be represented nationwide by lawyers from the crown solicitors office
A recent response Briar Charmley from your office stated " the Solicitor-General supports Crown Solicitors' involvement in SPCA prosecutions and does not require individual dispensations to be sought in the same way as for other private prosecutions"
Because of the representation by a crown solicitor and the frequent references to the “crown”, the courts and defence lawyers have been misled even resulting in the intituling of the court in CRI-2018-092-012517[2022] NZDC 13368 to read the Queen v see here https://www.districtcourts.govt.nz/all-j...
Another member of the same family has now been targeted by the SPCA and the legal aid lawyer has stated "This is NOT a private prosecution. " and constantly refers to the proceedings as a crown prosecution.
I have been provided with case law from the supreme court S (SC 58/2019) v VECTOR LIMITED [2020] NZSC 97 [21 September 2020] https://web.archive.org/web/202110060120...
which highlights the safety provisions of section 26 of the criminal procedure act , provisions which are seemingly ignored due to the involvement of the crown solicitor. Potentially leading t a miscarriage of justice as persons involved believed that the robust checks and balances of a crown prosecution had been deployed
.
Instead we have a private prosecution which seeks to evade every challenge to accountability and circumvented the very important section 26 Criminal procedure act provisions.which are addressed at length in the case law
We have previously asked for but have never received a copy of the dispensation or any memoranda which officially states that the SPCA can be represented by the crown. To this time it appears to be hearsay when the terms of office specifically state “ Unless granted dispensation by the Solicitor-General, for a specific case or class of cases, Crown Solicitors and lawyers in the Crown Solicitor firm may not: act for the prosecutor in any private prosecution;16.4 crown solicitor terms of office 2017
Please urgently provide those documents and also show that the supreme court case law was considered before or after giving a private entity the right to representation by a crown solicitor who repeatedly discloses their status as a crown solicitor and misleadingly refers to the crown in their documents
While we understand that representation of the SPCA by the crown may may be historic , this supreme court decision makes it clear that this changed with the passing of the criminal procedure act in 2011. Foot note 54 of the case law
In your previous responses you have only considered the crown solicitors terms of office but have not considered how the legislation and supreme court case law impact on your apparent unofficial view of consent existing .
Please provide by OIA the date on which dispensation was given , copies of the docuemnt or memoranda whcih records this confirms dispensation for the terms of office in relation to the RNZSPCA and that in doing so the 2011 criminal procedure act and and the views of the supreme court were considered.
Yours faithfully,
Grace Haden
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From: OIA
Crown Law Office
Tēnā koe Grace
Please see the attached response to your Official Information Act request of 19 March 2024.
Kind regards | Ngā mihi nui
Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011
-----Original Message-----
From: Grace Haden <[FOI #26161 email]>
Sent: Tuesday, March 19, 2024 8:35 PM
To: OIA <[email address]>
Subject: Official Information request - Crown Solicitors representing the SPCA
Dear Crown Law Office,
I refer to your previous responses to myself and others with regards to crown solicitors representing the SPCA
The SPCA is a private charity but appears to be represented nationwide by lawyers from the crown solicitors office
A recent response Briar Charmley from your office stated " the Solicitor-General supports Crown Solicitors' involvement in SPCA prosecutions and does not require individual dispensations to be sought in the same way as for other private prosecutions"
Because of the representation by a crown solicitor and the frequent references to the “crown”, the courts and defence lawyers have been misled even resulting in the intituling of the court in CRI-2018-092-012517[2022] NZDC 13368 to read the Queen v see here https://www.districtcourts.govt.nz/all-j...
Another member of the same family has now been targeted by the SPCA and the legal aid lawyer has stated "This is NOT a private prosecution. " and constantly refers to the proceedings as a crown prosecution.
I have been provided with case law from the supreme court S (SC 58/2019) v VECTOR LIMITED [2020] NZSC 97 [21 September 2020] https://web.archive.org/web/202110060120...
which highlights the safety provisions of section 26 of the criminal procedure act , provisions which are seemingly ignored due to the involvement of the crown solicitor. Potentially leading t a miscarriage of justice as persons involved believed that the robust checks and balances of a crown prosecution had been deployed
.
Instead we have a private prosecution which seeks to evade every challenge to accountability and circumvented the very important section 26 Criminal procedure act provisions.which are addressed at length in the case law
We have previously asked for but have never received a copy of the dispensation or any memoranda which officially states that the SPCA can be represented by the crown. To this time it appears to be hearsay when the terms of office specifically state “ Unless granted dispensation by the Solicitor-General, for a specific case or class of cases, Crown Solicitors and lawyers in the Crown Solicitor firm may not: act for the prosecutor in any private prosecution;16.4 crown solicitor terms of office 2017
Please urgently provide those documents and also show that the supreme court case law was considered before or after giving a private entity the right to representation by a crown solicitor who repeatedly discloses their status as a crown solicitor and misleadingly refers to the crown in their documents
While we understand that representation of the SPCA by the crown may may be historic , this supreme court decision makes it clear that this changed with the passing of the criminal procedure act in 2011. Foot note 54 of the case law
In your previous responses you have only considered the crown solicitors terms of office but have not considered how the legislation and supreme court case law impact on your apparent unofficial view of consent existing .
Please provide by OIA the date on which dispensation was given , copies of the docuemnt or memoranda whcih records this confirms dispensation for the terms of office in relation to the RNZSPCA and that in doing so the 2011 criminal procedure act and and the views of the supreme court were considered.
Yours faithfully,
Grace Haden
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #26161 email]
Is [Crown Law Office request email] the wrong address for Official Information requests to Crown Law Office? 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.
-------------------------------------------------------------------
Confidentiality Notice: This email may contain information that is confidential or legally privileged. If you have received it by mistake, please:
(a) reply promptly to that effect, and remove this email and the reply from your system; (b) do not act on this email in any other way. Thank you.
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From: Julia Kelly
Crown Law Office
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OIA Response to Grace Haden 7921157 6 June 2024 7933319.2.pdf
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SPCA dispensation.pdf
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Good afternoon,
On behalf of Jo Mildenhall, please find enclosed,
o A letter dated 06 June 2024, in relation to official information
request 15 May 2024
o SPCA dispensation
Regards,
Julia Kelly – Legal Personal Assistant
Te Tari Ture o te Karauna Crown Law Office
M: + 64 27 4514 640
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]Text Description automatically generated with low confidence
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
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From: Grace Haden
Dear Julia Kelly,
Thank you for the copy of the letter Inote that it is dated february 2018
The judgement SC 58/2019[2020] NZSC 97 is dated 10 march 2020
By way of OiA could you please advise if the dispensation was reviewed after the supreme court decison was deleiverd .
if not why not and now that you are aware of it will there be a review
Yours sincerely,
Grace Haden
From: OIA
Crown Law Office
Dear Grace,
We acknowledge receipt of your email of 6 June 2024 requesting information
under the Official Information Act 1982.
In accordance with section 15 of the Official Information Act, a response
to your request will be provided as soon as is reasonably practicable, and
in any case within 20 working days of receipt of your request, i.e. by 5
July 2024.
Ngā mihi nui | Kind regards
Te Tari Ture o te Karauna | Crown Law Office
M: + 64 27 365 1503
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]A picture containing text Description automatically generated
-----Original Message-----
From: Grace Haden <[2][FOI #26161 email]>
Sent: Thursday, June 6, 2024 3:01 PM
To: Julia Kelly <[3][email address]>
Subject: Re: Official information request 15 May 2024
[CLO-DOCS.OIA353.1.FID517624]
Dear Julia Kelly,
Thank you for the copy of the letter Inote that it is dated february
2018
The judgement SC 58/2019[2020] NZSC 97 is dated 10 march 2020
By way of OiA could you please advise if the dispensation was
reviewed after the supreme court decison was deleiverd .
if not why not and now that you are aware of it will there be a review
Yours sincerely,
Grace Haden
-----Original Message-----
Good afternoon,
On behalf of Jo Mildenhall, please find enclosed,
o A letter dated 06 June 2024, in relation to official information
request 15 May 2024 o SPCA dispensation
Regards,
Julia Kelly – Legal Personal Assistant
Te Tari Ture o te Karauna Crown Law Office
M: + 64 27 4514 640
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]Text Description automatically generated with low confidence
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
Visible links
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #26161 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.
-------------------------------------------------------------------
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
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2. mailto:[FOI #26161 email]
3. mailto:[email address]
4. mailto:[FOI #26161 email]
5. https://fyi.org.nz/help/officers
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From: OIA
Crown Law Office
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OIA response to Grace Haden 19 June 2024 7964556.2.pdf
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Kia ora Grace
Please see attached for the response to your Official Information Act
request of 6 June 2024.
Kind regards | Ngā mihi nui
Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]A picture containing text Description automatically generated
From: OIA
Sent: Friday, June 7, 2024 2:04 PM
To: Grace Haden <[FOI #26161 email]>
Subject: RE: Official information request 15 May 2024
Dear Grace,
We acknowledge receipt of your email of 6 June 2024 requesting information
under the Official Information Act 1982.
In accordance with section 15 of the Official Information Act, a response
to your request will be provided as soon as is reasonably practicable, and
in any case within 20 working days of receipt of your request, i.e. by 5
July 2024.
Ngā mihi nui | Kind regards
Te Tari Ture o te Karauna | Crown Law Office
M: + 64 27 365 1503
19 Aitken Street | PO Box 2858 | Wellington 6011
[2]A picture containing text Description automatically generated
-----Original Message-----
From: Grace Haden <[3][FOI #26161 email]>
Sent: Thursday, June 6, 2024 3:01 PM
To: Julia Kelly <[4][email address]>
Subject: Re: Official information request 15 May 2024
[CLO-DOCS.OIA353.1.FID517624]
Dear Julia Kelly,
Thank you for the copy of the letter Inote that it is dated february
2018
The judgement SC 58/2019[2020] NZSC 97 is dated 10 march 2020
By way of OiA could you please advise if the dispensation was
reviewed after the supreme court decison was deleiverd .
if not why not and now that you are aware of it will there be a review
Yours sincerely,
Grace Haden
-----Original Message-----
Good afternoon,
On behalf of Jo Mildenhall, please find enclosed,
o A letter dated 06 June 2024, in relation to official information
request 15 May 2024 o SPCA dispensation
Regards,
Julia Kelly – Legal Personal Assistant
Te Tari Ture o te Karauna Crown Law Office
M: + 64 27 4514 640
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]Text Description automatically generated with low confidence
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
Visible links
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #26161 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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.
-------------------------------------------------------------------
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
Visible links
3. mailto:[FOI #26161 email]
4. mailto:[email address]
5. mailto:[FOI #26161 email]
6. https://fyi.org.nz/help/officers
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