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25 March 2025
Grace Haden
Email: [FYI request #30158 email]
Tēnā koe Ms Haden
Official information request regarding Crown Solicitor involvement in private
prosecutions
Our Ref: OIA353/1
1.
I refer to your official information request to the Ministry of Justice dated
20 February 2025. You have asked the following.
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.
…
2.
The Ministry of Justice has transferred Parts 2 to 4 of your request (above) to us
for response.
Parts 2 and 4 – Safeguards and exemptions
3.
When a Crown Solicitor is involved with a private prosecution, it remains a private
prosecution. It does not become a Crown prosecution simply because a Crown
Solicitor is involved. Crown prosecutions are a specific class of prosecutions as
defined in the Crown Prosecution Regulations 2013.
4.
The Crown does not have the power to take over a private prosecution
commenced under the Criminal Procedure Act 2011 because s 5 of the Act defines
“Crown prosecution” as excluding a private prosecution
.1
1
S v Vector Ltd [2020] NZSC 97, [2021] 1 NZLR 1 at [45].
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
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2
5.
As has been previously noted in our correspondence with you, it is very common
for Crown Solicitors to conduct non-Crown prosecutions, including private
prosecutions with the Solicitor-General’s approval, and we maintain there is no
confusion about their role, with respect to Judges and other lawyers, when they
do so.
6.
This part of your request is refused under s 18(e) of the Official Information Act
1982 (
OIA) on the basis the information sought does not exist.
Part 3 – Discussion papers
7.
The information you seek does not fall within the scope of the OIA and this part of
your request is therefore refused. The Ombudsman has held that information
created and/or held by Crown Law while assisting the Solicitor-General in her Law
Officer function is not subject to the OIA. One such aspect of the Law Officer
function is the granting of dispensation by the Solicitor-General for Crown
Solicitors and lawyers in Crown Solicitor firms to act for the prosecutor in any
private prosecution, whether for a specific case or class of cases.
Proactive release
8.
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.
Right to investigation and review
9.
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.
10.
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
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