Tēnā koe,

 

Thank you for contacting the [1][Ministry of Justice request email] mailbox at the
Ministry of Justice.  

 

This automatic message is to confirm we have received your email - we hope
to acknowledge you and advise next steps within two working days.  

 
Please note that this mailbox is not monitored on weekends, public
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Official Information Act requests can take up to 20 working days to
receive a response.  If the Ministry needs more time, we will inform you.
.

Ngā mihi,

Communications and Ministerial Services | Corporate Services
Ministry of Justice

Justice Centre I Aitken Street

DX Box SX 10088 I Wellington

[2]www.justice.govt.nz

 

 

References

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1. mailto:[Ministry of Justice request email]
2. http://www.justice.govt.nz/

Tēnā koe Marcus,

Thank you for emailing the Ministry of Justice (the Ministry).

We acknowledge receipt of your request under the Official Information Act
1982. 

This has been forwarded onto the relevant business unit to respond to. 

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons). 

You can expect a response by 2 July 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture [1]justice.govt.nz

 

 

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Tēnā koe Marcus,

 

Thank you for your request of 3 June 2025 to the Ministry of Justice (the
Ministry), requesting information under the Official Information Act 1982
(the Act), regarding section 49 of the Evidence Act 2006. Specifically,
you requested:

 

I am writing to request information under the Official Information Act
1982 regarding section 49 of the Evidence Act 2006. Specifically, I
request the following:

 

 1. Any internal memoranda, reports, or communications within the Ministry
of Justice that evaluate the operation or effectiveness of s 49 or
that raise concerns about its fairness or practical effect.
 2. Any correspondence after January 1, 2022, between the Ministry and the
Law Commission or Crown Law relating to s 49, including in the context
of the Law Commission's 2023 review of the Evidence Act.
 3. Any complaints or formal submissions received by the Ministry from
legal practitioners, academics, or members of the public expressing
concerns about the application of s 49 since 2022.

 

This request was initially acknowledged as part of your earlier request,
also on 3 June 2025, for data on the use of section 49 of the Evidence Act
2006 in criminal proceedings since 2006. The Ministry would like to inform
you that these are being dealt with as two separate requests for
information and this email is in relation to your request for documents,
correspondence, complaints or formal submissions within and received by
the Ministry.

 

Section 12(2) of the Act requires that the information sought must be
“specified with due particularity”, which means the Ministry must be
reasonably able to identify what information is being requested by you. In
its current form, part of the information to which you are seeking is
unclear. Therefore, in line with section 15(1AA) of the Act, the Ministry
is seeking to clarify your request.

 

As it stands, there is no timeframe for part 1 of your request. Further,
your request for “internal memoranda, reports, or communications” is
likely to be refused or extended under section 18(f) of the Act, as the
information cannot be made available without substantial collation.

 

Please can you confirm:

 

o If the timeframe for part 1 of your request can align with the
timeframe of parts 2 and 3 of your request, to be from 1 January 2022
to the date of your request, and
o If you would consider narrowing your request for “internal memoranda,
reports, or communications” to formal papers only, which would include
documents such as internal memoranda, reports and aide-memoires.

 

If you could please respond to us by close of business (5PM) on 13 June
2025, we will be able to better assess your request and action it
accordingly.

 

Please note that under section 15(1AA) of the Act, on receipt of your
rescoped request, it becomes a new request for the purposes of the Act and
resets the timeline.

 

Under section 28 of the Act, you have the right to seek a review of the
Ministry’s handling of your request from the Ombudsman.  The Ombudsman can
be contacted at: [1]Contact the Ombudsman | Ombudsman New Zealand

 

We look forward to hearing from you as soon as you are able.

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[2][email address]

[3][email address]

[4][Ministry of Justice request email]

[5]justice.govt.nz

 

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Tēnā koe Marcus,

 

Thank you for your clarification of 11 June 2025 to the Ministry of
Justice (the Ministry).

    

This has been forwarded to the relevant business unit for consideration
and response. 

  

As advised in the Ministry's clarification email, your clarified request
has become a new request for the purposes of the Official Information Act
1982 and resets the timeline. You can now expect a response on, or by, 10
July 2025.

  

Under section 28 of the Act, you have the right to seek a review of the
Ministry’s handling of your request from the Ombudsman.  The Ombudsman can
be contacted at: [1]Contact the Ombudsman | Ombudsman New Zealand

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[2][email address]

[3][email address]

[4][Ministry of Justice request email]

[5]justice.govt.nz

 

 

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Tēnā koe Marcus,

 

Thank you for your email of 3 June 2025 to the Ministry of Justice (the
Ministry), requesting under the Official Information Act 1982 (the Act),
data on how frequently section 49 of the Evidence Act 2006 has been used
in crimincal proceedings. Specifically, you requested:

 

Any data or records held by the Ministry on how frequently s 49 has been
relied upon in criminal proceedings since 2006, including breakdowns by
offence type, year, and outcome if available.

 

I must advise that this level of information is not recorded in the Case
Management System (CMS) used by the courts; this information can only be
identified by searching individual court files.

 

While the Ministry provides administrative support to the courts, they are
a separate and independent arm of government.  Under section 2(6)(a) of
the Act, the courts are not subject to the Act. Access to court
information is managed by the courts under separate legislation and court
rules.  I must therefore refuse your request under section 18(g)(i) of the
Act, as the information you have requested is not held by the Ministry or
any other agency subject to the Act. 

 

You have the right under section 28 of the OIA to seek a review of the
Ministry’s response from the Ombudsman.  The Ombudsman’s contact details
are available at: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana
Tangata 

 

Ngā mihi,

 

  Communications and Ministerial Services | Corporate Services

Ministry of Justice | Te Tāhū o te Ture
Justice Centre | 19 Aitken Street, Wellington (6011)

[2][email address]

[3][email address]

[4][Ministry of Justice request email]

[5]justice.govt.nz

 

From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Thursday, June 5, 2025 8:59 AM
To: Marcus W <[FOI #31205 email]>
Subject: RE: Official Information request - Section 49 Evidence Act (ref:
122725)

 

Tēnā koe Marcus,

Thank you for emailing the Ministry of Justice (the Ministry).

We acknowledge receipt of your request under the Official Information Act
1982.

This has been forwarded onto the relevant business unit to respond to.

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons).

You can expect a response by 2 July 2025.

Ngā mihi nui,

 

Ministerial Services

   

Communications and Ministerial Services | Corporate Services

Ministry of Justice | Tāhū o te Ture [6]justice.govt.nz

 

 

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