18 April 2024
Attention: Grace Haden
By email: [FYI request #26161 email]
Tēnā koe Ms Haden
Official information request 19 March 2024
Our Ref: OIA353/1
1.
I refer to your request under the Official Information Act 1982 (
OIA) dated 19
March 2024 concerning Crown Solicitors’ involvement in SPCA prosecutions.
2.
In particular, you ask Crown Law to provide: the “dispensation or any
memoranda which officially states that the SPCA can be represented by the
crown”, and which “also show that the supreme court case law [you refer to
S (SC 58/2019) v Vector Limited [2020] NZSC 97] was considered before or
after giving a private entity the right to representation by a crown solicitor.”
Put another way, you ask Crown Law to provide: “…the date on which
dispensation was given, copies of the docuemnt (
sic) or memoranda whcih
(
sic) 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
(
sic) the views of the supreme court were considered.”
3.
As we have previously explained to you, 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.
There is therefore no particular document evidencing dispensation, and none
is required (as it is the Solicitor-General herself who requires dispensation to
be sought, it is not a legal requirement).
4.
The extent to which Crown Law considers, and the position Crown Law takes
on, any particular case is legally privileged. The Crown is not therefore
required to disclose its legal reasoning to you and, to the extent you request
it, your request is declined under s 9(2)(h) of the OIA. Without prejudice that
position, as a matter of courtesy I can confirm we are aware of the Supreme
Court decision to which you have referred as Crown Law represented the
Attorney-General in that matter.
5.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Level 2 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
7869842
2
6.
If you wish to discuss this decision with us, please contact
[Crown Law Office request email].
Nāku noa, nā
Crown Law
Briar Charmley
Team Manager / Crown Counsel
7869842