Judiciary Accountable To The People Of New Zealand
Ben Arnold made this Official Information request to Ministry of Justice
The request was refused by Ministry of Justice.
From: Ben Arnold
Dear Ministry of Justice,
Official Information Act Request
Ministry of Justice
Dear Sir/Madam,
I am a concerned member of the public and Citizen of New Zealand.
I am requesting information under the Official Information Act 1982.
Regarding a private prosecution filed against six individuals, which includes solicitors and police officers, in the case CRI-2024-044-001732 Dunstan v Gibbs, Riddell, Nixon, Vickers, Wallace-Sharpe, Wrecke & Ors.
Please confirm the following:
1. When were these charges filed after being remitted back from the High Court?
2. Which judge has this file?
3. Why has this matter not been listed for any call over or hearing?
4. What is the average time for a private prosecution to be dealt with and a decision issued?
5. What is the average time for police charges to be dealt with and a decision (for a call over) listed?
6. When will a decision on this matter be listed?
7. Is the Ministry of Justice aware that these extensive delays may constitute a breach of human rights as per the precedent decision Deliu v Auckland District Court - Justice Campbell?
8. Will any bail conditions exist for the alleged offenders while a decision post-hearing is considered
9. If not, how is the public protected from these offenders at large?
10. If one of the named offenders is a judge's wife, will they receive special treatment?
11. If one of the offenders is a police officer now uncharged of police conduct, will he be stood down without pay pending the outcome of the hearing?
I understand that you have 20 working days to respond to this request as per the OIA 1982.
Thank you for your attention to this matter.
Yours faithfully,
Ben Arnold
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Ben,
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 19 December 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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From: OIA@justice.govt.nz
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Tēnā koe Ben
Thank you for your email of 21 November 2025, to the Ministry of Justice
(the Ministry), made through the FYI platform, requesting information
under the Official Information Act 1982 (the Act).
The information you have requested is court information, which is exempt
from the Act under section 2(6)(a). Your request is refused under section
18(g)(i) of the Act, as the Ministry does not hold the information
requested, and there are no grounds for believing it is held by another
agency subject to the Act.
Access to court information is governed by specific search rules. To
access court information, you must apply directly in writing to the Court
which dealt with the proceeding, identifying the proceeding and the
specific documents you seek access to. This may attract a fee. A copy of
the form to use is attached to this email. For more information on how to
access this information please see: [1]Access to court information —
Courts of New Zealand. Each of your requests will be considered by either
a Registrar or, if necessary, a judge. Any decision relating to the
release of court information is a judicial decision, and therefore, the
Ministry cannot intervene or comment on this process.
Please note that this response, with your personal details removed, may be
published on the Ministry’s website at: [2]Official Information Act
responses | New Zealand Ministry of Justice.
If you are not satisfied with this response, you have the right to make a
complaint to the Ombudsman under section 28 of the Act. The Office of the
Ombudsman may be contacted by phone on: 0800 802 602, by email at:
[email address], or via the webform: [3]Make a complaint (for
members of the public) | Ombudsman New Zealand.
Ngā mihi nui | Kind regards,
Ministerial Services
Ministry of Justice | Tāhū o te Ture
Level 4 Justice Centre | Aitken Street
DX Box SX 10088 | Wellington
[4]www.justice.govt.nz
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Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
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Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
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SPENCER JONES left an annotation ()
Public Annotation (for followers of this request)
This OIA raises important issues of transparency, accountability, and fairness within New Zealand’s justice system. It touches on private prosecutions, court listing delays, judicial assignment, the handling of conflicts of interest, and how the system ensures public protection while cases remain unresolved.
The Ministry of Justice acknowledged receipt of the request on 21 November 2025 and set a statutory response deadline of 19 December 2025. As of now, no substantive information has been released, meaning the request is still at an early stage.
Observers may wish to monitor the eventual response for:
• What information is actually held by the Ministry,
• What is released,
• What is withheld, and
• The grounds used for any refusals.
This request may help clarify how private prosecutions are progressed within the District Court, how judges are allocated, typical timeframes for listing, and how delays are managed—issues that often receive little public visibility.
If significant parts of the request are refused or transferred, it may raise a valid public interest question for Ombudsman review, particularly given the themes raised: access to justice, timely decision-making, and public confidence in the impartial administration of the courts.
Note: Judicial independence is essential to New Zealand’s constitutional framework. However, independence must sit alongside procedural transparency so that the public can see that justice is being administered fairly, without favour, and in a timely manner. Extended delays or unclear processes can undermine that confidence.
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