
Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
4 March 2025
Grace Haden
[FYI request #30158 email]
Ref: OIA 119595
Tēnā koe Grace
Official Information Act request: Crown Solicitors in private prosecutions
Thank you for your email of 20 February 2025, requesting under the Official Information Act
1982 (the Act), information regarding the protocols for the involvement of Crown Solicitors in
private prosecutions. Specifically, you requested:
1. what instructions have been given to registrar with regards to identifying private
prosecutions and ensuring that sections 12 and 26 are complied with
2. what safeguards are in place to ensure that private prosecutions cannot
masquerade as crown prosecution and by what process this can be rectified if filed
incorrectly
3. Provide any discussion papers any notes which addresses the use of crown
prosecutors for private prosecutions
4. Provide any exemptions which allow for crown prosecutors to file and manage
private prosecutions as though they are crown prosecutions
5.
the remedies which are available for this breach of rights to a fair hearing for
persons charged by the RNZSPCA and its previous associated incorporated
societies. many of these persons do not have the ability to challenge this and the
public would expect the ministry to police its own processes and correct any action
which is ultra vires and or protect the prosecution process and the integrity of our
Justice system
On 25 February 2025, the Ministry of Justice (the Ministry) transferred parts 2, 3 and 4 of
your request to the Crown Law Office (CLO) under section 14 of the Act, as the information
is not held by the Ministry and is believed to be more closely connected with the functions of
the CLO.
In response to part 1 of your request, the information you are seeking on instructions given
to registrars regarding identifying private prosecutions, is judicial information as defined by
Schedule 1 of the District Court Act 2016.
Judicial information is not subject to the Act under section 2(6)(a). Therefore, I must refuse
your request under section 18(g)(i) on the grounds that the information requested is not held
by the Ministry or any other agency subject to the Act.
In response to part 5 of your request, the information you are seeking is for legal advice or
seeking the Ministry to formulate an opinion. While the Act allows New Zealanders to ask
government agencies for information, there is no requirement to create new information,
compile information not held, respond to hypothetical questions or scenarios, or provide an
opinion. I am therefore refusing your request under section 18(g)(i) on the grounds that the
information requested is not held by the Ministry or any other agency subject to the Act.
You may wish to seek advice from a lawyer regarding part 5 of your request, as lawyers are
best placed to advise you. You may be able to get free legal advice from your nearest
Community Law Centre. Further information including the contact details of your local centre
can be found at
: Our Law Centres - Community Law. If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address]
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Official Information Act responses | New Zealand Ministry of Justice
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. The Office of the Ombudsman may be
contacted by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Jacquelyn Shannon
Group Manager, Court and Tribunals, Regional Service Delivery