44 Bowen Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
19 May 2025
Erika Whittome
[FYI request #30756 email]
REF: OIA-18181
Dear Erika
Request made under the Official Information Act 1982
Thank you for your email of 17 April 2025 requesting the fol owing information under the Official
Information Act 1982 (the Act):
* A copy of the current model litigant policy, or any other policy, guideline, protocol, manual, or
internal document or policy - by whatever name - that governs or provides guidance to NZTA
staff, legal teams, and/or external counsel on the conduct of litigation or legal proceedings.
* Copies of any previous versions of the above documents that have been in effect at any time
during the last ten years, since 2015, to the present.
For each version identified, please indicate:
* The title of the document;
* The period during which it was in effect (including commencement and, if applicable, end
dates); and
* A brief description of the context in which the document is/was used (if not clear from the
document itself).
If such guidance exists in multiple formats (e.g., standalone documents, sections within a
broader code of conduct or legal manual), I would appreciate receiving all relevant material.
If no such documents exist, but internal practices or expectations equivalent to a model litigant
approach are followed, please provide a description of those practices and how they are
communicated and enforced.
A copy of the NZ Transport Agency Waka Kotahi (NZTA) prosecution policy for 2022 and subsequent
version from 2024 is publicly available on the NZTA website at:
www.nzta.govt.nz/resources/prosecution-policy/.
I therefore am refusing your request under section 18(d) of the Act because this information is
available publicly.
There are two other versions of the prosecution policy that fall within the scope of your request, as
listed below:
• New Zealand Transport Agency Prosecution Policy June 2019
• New Zealand Transport Agency Prosecution Policy December 2013
While we are aware of these documents, a search of NZTA records has not been able to locate
copies. I am therefore refusing your request for these documents under section 18(g) of the Act
because the documents are not held by NZTA, and there are no grounds to believe that they are
either held by, or more closely connected to the functions of another government department.
Further information falling within the scope of your request has been withheld under section 9(2)(h) of
the Act. This section allows for the withholding of information to maintain legal professional privilege
and advice provided by legal/lawyers. These papers were drafted at the request of the Board and
provide legal advice on NZTA’s approach to different types of litigation, the paper titles are listed
below:
• Approach to General and Commercial Litigation
• Approach to Property Acquisition Litigation
• Approach to Public Interest Litigation
• Approach to Prosecutions and Regulatory Appeals
With respect to the information that has been withheld, I do not consider there are any other factors
which would render it desirable, in the public interest, to make the information available.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision to
partially refuse your request and withhold this information. The contact details for the Ombudsman can
be located at www.ombudsman.parliament.nz.
If you would like to discuss this reply with NZTA, please contact Ministerial Services by email to
[NZTA request email].
Yours sincerely
Meredith Ussher
Group General Counsel - Governance, Risk & Legal
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