10 April 2025
New Zealand Council for Civil Liberties
By email:
[FYI request #30398 email]
Dear requestor
Official information request relating to advice to the Attorney General on the consistency
of the Bail (Electronic Monitoring) Amendment Bill with the New Zealand Bill of Rights
Act 1990
Our Ref: OIA353/1
1.
I refer to your official information request to the Ministry of Justice dated 12
March 2025 for the following information:
1.1
An unredacted copy of the BORA Vet (of the Bail (Electronic Monitoring)
Amendment Bill).
1.2
An unredacted copy of the covering memo, coversheet or email providing
the BORA Vet to the Attorney-General for her consideration.
1.3
The date on which the Ministry provided the relevant Minister with the
draft Cabinet paper for seeking Cabinet approval for introduction of the
Bail (Electronic Monitoring) Amendment Bill.
2.
On 18 March 2025 the Ministry of Justice transferred the request to Crown Law.
3.
A copy of the unredacted BORA Vet is enclosed in response to your first request.
As you will see the redaction was applied to a telephone number and not to the
date of the advice. I understand this is done routinely by the Ministry of Justice
when publishing vet advice on the basis that such numbers are not relevant. In
some cases, there will be other reasons to withhold such numbers, but they do
not apply here.
4.
You second request is refused. The coversheet of the vet advice, which is the
document that accompanies the advice to the Attorney General and is returned
by the Attorney General, is legally privileged and withheld under s 9(2)(h) of the
Official Information Act 1982.
5.
As you know the advice to the Attorney General itself is also privileged, but a
longstanding practice is that if no s 7 report is issued privilege in the advice is
usually waived by the Attorney General, as it was here. That waiver does not apply
to the coversheet or any other privileged communications with the Attorney
General.
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
8432654

2
6.
The third request for information is not within the knowledge of Crown Law but
we have asked the Ministry of Justice, and they have confirmed the date the
Ministry provided the Minister of Justice with the draft Cabinet paper seeking
approval to introduce the Bail (Electronic Monitoring) Amendment Bill was
Thursday, 6 March 2025. As we understand from the request that you are
interested in dates and the copy of the advice does not bear one, the date of the
BORA vet advice was 7 March 2025.
Proactive release
7.
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.
Review of this decision
8.
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.
Yours faithfully
Crown Law
Austin Powell
Senior Crown Counsel
Encl
BORA vet advice of the Bail (Electronic Monitoring) Amendment Bill
(unredacted)
8432654