Prison Informant Policy and Ministerial Accountability: Tamihere v R [2026] NZSC 22
Lance D. Lavery made this Official Information request to Crown Law Office
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From: Lance D. Lavery
Dear Crown Law Office,
I request the following information under the Official Information Act 1982 in relation to the use of prison informant evidence in criminal prosecutions, with particular reference to the Supreme Court judgment in Tamihere v R [2026] NZSC 22, delivered on 31 March 2026.
The date range for Requests 1, 2, and 4 is 1 September 2017 (the date of Robert Conchie Harris's perjury conviction) to the date this request is processed. The date range for Request 3 is 1 January 2020 to the date this request is processed.
1. Any policy, guideline, protocol, or practice direction issued by the Solicitor-General or the Crown Law Office governing the use of prison informant evidence in criminal prosecutions, including any version issued, updated, or reviewed following Harris's perjury conviction in September 2017.
2. Any internal review, audit, lessons-learned report, or assessment conducted by Crown Law following Harris's perjury conviction in September 2017, relating to the use of informant evidence in criminal prosecutions generally.
3. Any ministerial briefing provided to the Minister of Justice regarding the Tamihere case, excluding information subject to legal professional privilege in respect of active retrial proceedings.
4. Any correspondence between Crown Law and New Zealand Police regarding changes to practice or policy on the use of prison informant evidence following the Tamihere prosecution.
This request is not directed at case-specific prosecution strategy, privileged legal advice relating to ongoing retrial proceedings, or the identity of any informant. It is directed at systemic policy, internal review, and ministerial accountability material. Where documents are withheld in whole or in part, I request that the specific grounds under the Act be identified for each withholding.
This request has been filed via fyi.org.nz. Please send your response to this request via fyi.org.nz rather than directly to the requester.
Yours faithfully,
Lance D. Lavery
From: OIA
Crown Law Office
Kia ora Lance
We acknowledge receipt of your email of 9 April 2026 requesting
information under the Official Information Act 1982.
In accordance with section 15 of the Official Information Act, a response
to your request will be provided as soon as is reasonably practicable, and
in any case within 20 working days of receipt of your request, i.e. by 8
May 2026.
Ngā mihi nui | Kind regards
Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011
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-----Original Message-----
From: Lance D. Lavery <[FOI #34444 email]>
Sent: Thursday, 9 April 2026 3:13 pm
To: OIA <[email address]>
Subject: Official Information request - Prison Informant Policy and
Ministerial Accountability: Tamihere v R [2026] NZSC 22
[You don't often get email from
[2][FOI #34444 email]. Learn why this is
important at [3]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Crown Law Office,
I request the following information under the Official Information Act
1982 in relation to the use of prison informant evidence in criminal
prosecutions, with particular reference to the Supreme Court judgment in
Tamihere v R [2026] NZSC 22, delivered on 31 March 2026.
The date range for Requests 1, 2, and 4 is 1 September 2017 (the date of
Robert Conchie Harris's perjury conviction) to the date this request is
processed. The date range for Request 3 is 1 January 2020 to the date this
request is processed.
1. Any policy, guideline, protocol, or practice direction issued by the
Solicitor-General or the Crown Law Office governing the use of prison
informant evidence in criminal prosecutions, including any version issued,
updated, or reviewed following Harris's perjury conviction in September
2017.
2. Any internal review, audit, lessons-learned report, or assessment
conducted by Crown Law following Harris's perjury conviction in September
2017, relating to the use of informant evidence in criminal prosecutions
generally.
3. Any ministerial briefing provided to the Minister of Justice regarding
the Tamihere case, excluding information subject to legal professional
privilege in respect of active retrial proceedings.
4. Any correspondence between Crown Law and New Zealand Police regarding
changes to practice or policy on the use of prison informant evidence
following the Tamihere prosecution.
This request is not directed at case-specific prosecution strategy,
privileged legal advice relating to ongoing retrial proceedings, or the
identity of any informant. It is directed at systemic policy, internal
review, and ministerial accountability material. Where documents are
withheld in whole or in part, I request that the specific grounds under
the Act be identified for each withholding.
This request has been filed via fyi.org.nz. Please send your response to
this request via fyi.org.nz rather than directly to the requester.
Yours faithfully,
Lance D. Lavery
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(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
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From: OIA
Crown Law Office
Kia ora Lance
Please see attached for the response to your Official Information Act
request of 9 April 2026.
Ngā mihi nui | Kind regards
Te Tari Ture o te Karauna Crown Law Office
19 Aitken Street | PO Box 2858 | Wellington 6011
[1]A picture containing text Description automatically generated
-----Original Message-----
From: Lance D. Lavery <[FOI #34444 email]>
Sent: Thursday, 9 April 2026 3:13 pm
To: OIA <[email address]>
Subject: Official Information request - Prison Informant Policy and
Ministerial Accountability: Tamihere v R [2026] NZSC 22
[You don't often get email from
[2][FOI #34444 email]. Learn why this is
important at [3]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Crown Law Office,
I request the following information under the Official Information Act
1982 in relation to the use of prison informant evidence in criminal
prosecutions, with particular reference to the Supreme Court judgment in
Tamihere v R [2026] NZSC 22, delivered on 31 March 2026.
The date range for Requests 1, 2, and 4 is 1 September 2017 (the date of
Robert Conchie Harris's perjury conviction) to the date this request is
processed. The date range for Request 3 is 1 January 2020 to the date this
request is processed.
1. Any policy, guideline, protocol, or practice direction issued by the
Solicitor-General or the Crown Law Office governing the use of prison
informant evidence in criminal prosecutions, including any version issued,
updated, or reviewed following Harris's perjury conviction in September
2017.
2. Any internal review, audit, lessons-learned report, or assessment
conducted by Crown Law following Harris's perjury conviction in September
2017, relating to the use of informant evidence in criminal prosecutions
generally.
3. Any ministerial briefing provided to the Minister of Justice regarding
the Tamihere case, excluding information subject to legal professional
privilege in respect of active retrial proceedings.
4. Any correspondence between Crown Law and New Zealand Police regarding
changes to practice or policy on the use of prison informant evidence
following the Tamihere prosecution.
This request is not directed at case-specific prosecution strategy,
privileged legal advice relating to ongoing retrial proceedings, or the
identity of any informant. It is directed at systemic policy, internal
review, and ministerial accountability material. Where documents are
withheld in whole or in part, I request that the specific grounds under
the Act be identified for each withholding.
This request has been filed via fyi.org.nz. Please send your response to
this request via fyi.org.nz rather than directly to the requester.
Yours faithfully,
Lance D. Lavery
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[4][FOI #34444 email]
Is [5][Crown Law Office request email] the wrong address for Official Information
requests to Crown Law Office? If so, please contact us using this form:
[6]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
Confidentiality Notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(a) reply promptly to that effect, and remove this email and the reply
from your system; (b) do not act on this email in any other way. Thank
you.
References
Visible links
2. mailto:[FOI #34444 email]
3. https://aka.ms/LearnAboutSenderIdentific...
4. mailto:[FOI #34444 email]
5. mailto:[Crown Law Office request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers
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