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18 December 2025
Grace Haden
Email:
[FYI request #30158 email]
Tēnā koe Ms Haden
Official information request regarding protocols for the involvement of Crown Solicitors in
private prosecutions
Our Ref: OIA-2526090 and OIA-2526092
We refer to your emails dated 22 and 27 November 2025 respectively for the following
information:
22 November email
…
Please also advise if the RNZSPCA is considered to be a privat (sic) prosecution and if so by virtue
of what legislative means
and
27 November email
…
please provide documentation which makes crown solictors (sic) aware of this case law and what
are the documented requirements of crown solictors (sic) filing on behalf of a private entity to
comply with section 26, names of the firms are well known as crown prosecutors and here (sic)
should be no room for assumptions by the court
Response to 22 November email
As advised in our letter dated 5 December 2025, part of your request has been transferred to
the Ministry of Justice for response. For the avoidance of doubt, our response is to the
remainder of this request (quoted above).
The Royal New Zealand Society for the Prevention of Cruelty to Animals (
RNZSPCA) is an
incorporated society registered as a charity on the Charities Register. As advised in our
previous correspondence with you, prosecutions commenced by the RNZSPCA are private
prosecutions and the Animal Welfare Act 19
991 is the legislative means by which RNZSPCA
inspectors can file charging documents and conduct prosecutions.
1
Specifically, sections 121(1), 189(1), 124(2), and 168.
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
8990100_5

2
Response to 27 November email
We have corresponded with you previously about the issues you raise in your email and refer
you to our letters of 19 June 2024, 25 March 2025, and 27 November 2025.
We are refusing your request under section 18(e) of the Official Information Act 1982 as the
further information you requested does not exist.
Crown Solicitors are responsible for remaining up to date with relevant decisions applicable
to the cases they are prosecuting. Charging documents must meet the rules set out in the
District Court Rules 2014. No further general guidance has been provided to Crown Solicitors
on this point; however, as noted in our letter dated 27 November 2025, steps have been taken
at the office of the Crown Solicitor for Manukau to avoid similar issues arising in future.
We consider this matter to be resolved and will not respond to further correspondence about
these issues.
Proactive release
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 seek an investigation and review
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.
If you wish to discuss this decision with us, please feel free to cont
act [email address].
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
8990100_5