Report on David Bain case from Justice Binnie

Alex Harris made this Official Information request to Minister of Justice

The request was refused by Minister of Justice.

From: Alex Harris

Dear Minister of Justice,

Earlier this year, the government ordererd a review of the David Bain case by Canadian Supreme Court judge Ian Binnie to determine whether Bain should be granted compensation. In December, the Minister of Justice ordered a "peer review" of Binnie's report, after apparently being unsatisfied with its contents.

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

* a copy of Ian Binnies report on the David Bain case.

While normally I would regard the report as being subject to legal professional privilege, the Minister has disclosed details of its contents in the media today ("Bain report based on incorrect facts - minister", NZ Herald, 11 December 2012), which implicitly waives such privilege.

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

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From: Melanie Tuala

Dear Alex
 
On behalf of Hon Judith Collins, Minister of Justice, thank you for your
11 December 2012 request for information. Under the Official Information
Act 1982 you requested the following:
 
        “A copy of Ian Binnie’s report on the David Bain case”.
 
As you may be aware, the report is now publicly available. You can find it
on the Ministry of Justice website .
 
Kind regards
 
Melanie Tuala
Acting Private Secretary Advisor
Office of Hon Judith Collins
Parliament Buildings
Fax: +64 4817 6506
 
-----Original Message-----
From: Alex Harris [[1]mailto:[OIA #685 email]]
Sent: Tuesday, December 11, 2012 11:41 AM
To: J Collins (MIN)
Subject: Official Information Act request - Report on David Bain case from
Justice Binnie
 
     Dear Minister of Justice,
 
     Earlier this year, the government ordererd a review of the David
     Bain case by Canadian Supreme Court judge Ian Binnie to determine
     whether Bain should be granted compensation. In December, the
     Minister of Justice ordered a "peer review" of Binnie's report,
     after apparently being unsatisfied with its contents.
 
     I would like to request the following information under the OIA:
 
     * a copy of Ian Binnies report on the David Bain case.
 
     While normally I would regard the report as being subject to legal
     professional privilege, the Minister has disclosed details of its
     contents in the media today ("Bain report based on incorrect facts
     - minister", NZ Herald, 11 December 2012), which implicitly waives
     such privilege.
 
     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
 
     -------------------------------------------------------------------
 
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     -------------------------------------------------------------------
 
 
________________________________
 
  ________________________________  

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