Dear Crown Law Office,

Yesterday, the Attorney General published their BORA advice on the Public Safety (Public Protection Orders) Bill. Unusually, the advice was signed by the Attorney General himself rather than an official of Crown Law or the Ministry of Justice. Also unusually, it appears to contradict his views expressed in an earlier BORA vet of the 2009 Parole (Extended Supervision Orders) Amendment Bill.

I would like to request the following information under the
OIA:

* Did Crown Law provide advice to the Attorney General on the Public Safety (Public Protection Orders) Bill? If so, on what dates was the advice provided?
* A copy of any advice provided

As the first part of a request is a request concerning the existence of information, it cannot be refused except for the reasons specified in s10 OIA. On the second part of the request, I am aware that legal advice enjoys strong protection, and the public interest in disclosure must therefore be extremely high. I think that is the case here. The Attorney General's opinion is controversial, and in apparent conflict with his earlier views. This raises a real question of whether he is properly performing his statutory duties under NZBORA 1990. Disclosure will allow us to see whether that is the case, thus promoting the accountability of the Minister, respect for the law, and good government - which are the very purposes the OIA exists for.

As the Attorney General himself is not covered by the OIA in the performance of law-officer functions (Cabinet Manual 8.19), this request cannot be transferred to him.

I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.

With regards to s12 of the OIA, I am an NZ citizen and in NZ.

Yours faithfully,

Alex Harris