11 June 2024
Attention: Requestor
By email: [FYI request #26801 email]
Tenā koe
Official information request for details about Crown Solicitor warrants
Our Ref: OIA353/1
1.
I refer to your official information request of 14 May 2024 in which you asked
the following six questions.
1.1
Is a warrant limited to a specific region?
1.2
Does a warrant permit a law firm (holder) to prosecute outside of its
specified region?
1.3
Are there special circumstances where the holder of a warrant acting for
and on behalf of the Crown may be permitted to act outside the limits
of their specified region?
1.4
Does a warrant permit a holder to act in civil proceedings?
1.5
Does a warrant permit a holder to act in Māori Land Court and/or Māori
Appellate Court proceedings?
1.6
Whereas holders of a Crown warrant act for and on behalf of the Crown,
in that capacity and under that scope; why are holders (private firms)
not subject to the Official Information Act?
2.
As you have asked for answers to a series of specific questions rather than for
the release of official information, your request largely falls outside the scope of
the Official Information Act 1982 (
OIA). However, in the interest of providing
reasonable assistance, we identify the following that contains information
relevant to your queries.
Crown Solicitors: Terms of Office
3.
The
Crown Solicitors: Terms of Office set out the terms of office for all Crown
Solicitors from 1 July 2013 and are publicly availab
le, here.
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
OIA RESPONSE TO 'REQUESTOR' 7_920_809(7920823.2).DOC
2
4.
Paragraphs [7] and [11] confirm the work a Crown Solicitor must carry out under
their warrant, in the region covered by the warrant appointment.
5.
Paragraph [12] confirms Crown Solicitors are expected to co-operate and assist
one another as necessary to ensure the effective provision of Crown prosecution
services throughout New Zealand (which can include conducting prosecution
work outside their warranted region).
6.
There is no list of “special circumstances” in which a Crown Solicitor can conduct
prosecution work outside the region covered by their warrant. By way of
example, [15] provides cases involving actual or perceived conflicts of interest
may necessitate this.
7.
Apart from the restrictions detailed at [16], nothing in the Terms of Office
prevents Crown Solicitors from acting in civil, Māori Land Court, or Māori
Appellate Court proceedings.
Crown Solicitors and the Official Information Act
8.
Section 12(1) of the OIA says a request may be made to “…a department (for
itself and for a departmental agency hosted by it or an interdepartmental
executive board serviced by it) or interdepartmental venture or Minister of the
Crown or organisation..” A Crown Solicitor’s office is not a “department”,
“departmental agency”, “interdepartmental venture” or “Minister”. Nor does it
fall within the definition of “organisation” in s 2 of the OIA. Crown Solicitors are
therefore not subject to the OIA.
Proactive release
9.
Please note that we may publish this response (with your personal details
redacted), and any related documents, on Crown Law’s 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 an investigation and review
10.
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.
11.
If you wish to discuss this decision with us, please feel free to contact
[email address].
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
OIA RESPONSE TO 'REQUESTOR' 7_920_809(7920823.2).DOC
