Where OIA 1982 Law Has Been Broken The Number of Prosecutions Year By Year
M Bell made this Official Information request to Ministry of Justice
The request was refused by Ministry of Justice.
From: M Bell
Dear Ministry of Justice,
Since the act is the law of NZ, under the Official Information Act 1982 please provide how many prosecutions there have been for any that are subject to the act that have actually been convicted of failing to comply with the act. To be specific I am asking for prosecutions of any that are subject to the act where they failed to comply with the act in response to receiving a lawful official information act request.
Please provide this data year by year since the OIA 1982 came into law.
Yours faithfully,
M Bell
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe,
Thank you for contacting the [1][Ministry of Justice request email] mailbox at the
Ministry of Justice.
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Official Information Act requests can take up to 20 working days to
receive a response. If the Ministry needs more time, we will inform you.
Ngā mihi,
Ministerial Relations and Services
Corporate Services
Justice Centre | Aitken Street
DX Box SX 10088 | Wellington
[2]www.justice.govt.nz
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M Bell left an annotation ()
Yeah that is an interesting one Erika. Displays lack of impartiality from the chief ombudsman (hence suspicion of possible capture by outside interests), plus the actual punishment for the clearly unlawful action was about the equivalent of a swat with a paper towel. The court costs awarded were shouldered by the NZ public.
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe M Bell
Thank you for emailing the Ministry of Justice (the Ministry).
We acknowledge receipt of your request under the Official Information Act
1982. Specifically, you requested:
o Please provide how many prosecutions there have been for any that are
subject to the act that have actually been convicted of failing to
comply with the act. To be specific I am asking for prosecutions of
any that are subject to the act where they failed to comply with the
act in response to receiving a lawful official information act
request.
o Please provide this data year by year since the OIA 1982 came into
law.
This has been forwarded onto the relevant business unit to respond to.
The Ministry 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 31/10/2024.
Nga Mihi,
Communications and Ministerial Services |Corporate Services
Ministry of Justice | Tāhū o te Ture
DX Box SX 10088 | Wellington
[1]www.justice.govt.nz
show quoted sections
From: Media - Justice
Ministry of Justice
Tēnā koe M Bell,
Please see the attached response to your Official Information Act request
of 2 October 2024.
Ngā mihi,
Ngā mihi,
Communications Services
Ministry of Justice | Tāhū o te Ture
www.[1]justice.govt.nz
show quoted sections
From: M Bell
Dear Media - Justice,
So interpreting your response you are saying there have not been and also cannot be any actual offences because technically it is not a criminal offence to break the law by failing to comply with the act.
So perhaps my initial wording was sloppy, hence assuming you have this information, can you please provide information as to court RULINGS year by year where it was deemed that OIA 1982 was not followed. As this is technically a refinement to my original request please feel free to utilize the 20 working days for response as per the act.
Yours sincerely,
M Bell
From: Media - Justice
Ministry of Justice
UNCLASSIFIED
UNCLASSIFIED
Tēnā koe M Bell,
The Ministry of Justice does not hold statistical information on court
rulings about the Official Information Act (the Act), where it was deemed
that the Act was not followed. Your specific request for this information,
made on 29 October 2024, is further refused under section 18(g) of the
Act, as the information requested is not held by the Ministry and there
are no grounds for believing it is held by another agency or Minister that
is subject to the Act.
The main responsibility for overseeing compliance with the Act sits with
the Office of the Ombudsman. If you wish to contact the Ombudsman you can
do so by email to: [1][email address] or by phone on: 0800
802 602.
Additionally, you have asked for information specifically on court
rulings. Please be advised that this is considered court information which
is not subject to the Act, under section 2(6)(a) of the Act. More
information on what can be requested under the Act can be found at:
[2]https://www.ombudsman.parliament.nz/reso...
The Ministry is unable to provide you any further information on the
subject of your request.
If you are not satisfied with this response, you have the right to make a
complaint to the Ombudsman under section 28(3) of the Act, using the
contact information advised above.
Ngā mihi,
Katarina
Katarina Fauvel (nee Williams) (she/her)
Senior Advisor, Media | Communication Services
Ministry of Justice | Tāhū o te Ture
M 027 390 2703
E: [3][email address] | justice.govt.nz
UNCLASSIFIED
UNCLASSIFIED
show quoted sections
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Erika Whittome left an annotation ()
The attempt to hide the TPPA is the most recent prosecution under the OIA in 2015 'Kelsey v Minister of Trade' https://img.scoop.co.nz/media/pdfs/1510/... CIV-2015-485-000583
[2015] NZHC 2497
Link to this