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27 March 2026
Erika Whittome
By email:
[FYI request #33998 email]
Tēnā koe Erika
Official information request regarding Yardley v Minister for Workplace Relations and Safety
Our Ref: OIA-2526168
I refer to your official information request dated 8 March 2026 which was transferred to us from
the Attorney-General’s Office. You requested:
… from early 2022 pursuant to the Yardley case in the High Court:
YARDLEY v MINISTER FOR WORKPLACE RELATIONS AND SAFETY [2022] NZHC 975
[https://urldefense.com/v3/__https://www.justice.govt.nz/jdo_documents/workspace___SpacesStor
e_5574d389_1f74_46c7_99de_60729375adeb.pdf__;!!Asq5-
8xVch3Reg!sH_fTpcL1V0jQ2Oo9xs_GYoMOuI9fKe0tAaU9wYuDQjWFy3qa_DmOqp_oBnyRBhfRFM2p
BdDXsjtUaJha1a1L3l9OLJMbGhFVDs1W5HkyxMgLA$ ]
Please share any reviews, memos, comments, text messages, whatsapp (etc) and correspondence to
the Attorney General and its office from 15 February 2022 until 25 March 2022 about this case Yardley
v Minister of Workplace Relations and Safety
We hold information within the scope of your request, but it relates to the performance of the
Attorney-General’s constitutional role as senior Law Officer of the Crown. The Ombudsman has
previously determined that information relating to Law Officer functions of the Attorney-General
falls outside the scope of the Official Information Act (the Act
)1. The work that the Crown Law Office
does to assist the Attorney-General with her law officer role is also not subject to the Act.
2
I add that if this information did fall within the scope of the Act, we would have refused your request
under s 9(2)(h), on the basis that the information is subject to legal professional privilege, and the
necessity to maintain that privilege outweighs any public interest in its release.
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.
1 See Sir Brian Elwood
Request for legal advice provided to the Attorney-General by Ministry of Justice Justice
—Attorney-General not subject to Act
(February 2019, Case No W41067). This can be accessed by visiting: <www.ombudsman.parliament.nz/resources/request-crown-law-office-legal-
advice-given-minister>.
2 Ombudsman Cases W41067 and W44062; and
Berryman v Solicitor-General [2005] NZAR 512 (HC) at [44].
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
10145097

2
If you wish to discuss this decision with us, please feel free to contact
[email address].
Nāku noa, nā
Crown Law
Matt McMenamin
Crown Counsel
10145097_1