Which of the two decisions in Court of Appeal CA 193/03 do you consider correct ?
John Creser made this Official Information request to Aupito William Sio
Response to this request is long overdue. By law Aupito William Sio should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: John Creser
Dear Aupito William Sio,
I'm writing to you in your capacity as Minister for Courts and associate Minister of Justice.
The Justice Select Committee has of 25/August/2021 decided not to seek evidence or hear submissions on the petition in the link below. I'm now asking the Justice Minister & Ministry to answer the questions that the Justice Select Committee, chaired by Labour's Ginny Anderson, refused to do.
https://www.parliament.nz/en/pb/petition...
I'm concerned about two materially different Court of Appeal decisions resulting from the same hearing. in 2003.In CA193/2003 [2015] NZCA 579 Para (31). The Court of Appeal led by President Justice Stephen Kos said; “Some form of error seems to have occurred given the discrepancy between the judgment and the (Court’s) sealed order but we are unable to determine some 12 years after the event how this came about or which version is correct”
The Chief Archivist in charge of the public record has said:“The error that appears to have occurred in the sealed judgment of the Court of Appeal dated 14 October 2003, predates the passing of the PRA. A record keeping failure in 2003 cannot be considered a breach of a provision that only came into force in 2005.”
Given that the Court of Appeal has admitted the error and the Chief Archivist has said the error occurred in the 14 October Judgement, I'm writing to ask which one of the two decisions you consider correct.
Yours faithfully,
John Creser
From: A Sio (MIN)
Aupito William Sio
Thank you for contacting the office of Hon Aupito William Sio, Minister
for Pacific Peoples, Minister for Courts, Associate Minister of Justice,
Associate Minister of Foreign Affairs, Associate Minister of Health
(Pacific) and Associate Minister of Education (Pacific).
Minister Sio receives a significant volume of correspondence:
o If your message is for Minister Sio’s advice, or if you have copied
your email to another Minister and/or Member of Parliament with more
appropriate portfolio responsibilities, this will be noted,
o If you have requested a meeting with Minister Sio, a staff member will
contact you in due course,
o If you have invited Minister Sio to an event, a member of staff may
contact you for more information,
o If you have made a request for official information, this will be
managed in accordance with the provisions of the Official Information
Act 1982, which may include transfer to a more relevant Minister or
agency,
o If you are a journalist, your request will be actioned by a staff
member.
Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[1]http://www.dia.govt.nz/Proactive-Release...
Kind regards,
Office of Hon Aupito William Sio, MP for Mangere
Reception +64 4 817 8723 | Ministerial Email [Aupito William Sio request email] | Web
[2]beehive.govt.nz | Postal Freepost Parliament, Private Bag 18 041,
Parliament Buildings, Wellington 6160, New Zealand
Authorised by Hon Aupito William Sio MP, Parliament Buildings, Wellington
6160, New Zealand
--------------------------------------------------------------------------
References
Visible links
1. http://www.dia.govt.nz/Proactive-Release...
2. https://www.beehive.govt.nz/minister/hon...
From: A Sio (MIN)
Aupito William Sio
Thank you for contacting the office of Hon Aupito William Sio, Minister
for Pacific Peoples, Minister for Courts, Associate Minister of Justice,
Associate Minister of Foreign Affairs, Associate Minister of Health
(Pacific) and Associate Minister of Education (Pacific).
Minister Sio receives a significant volume of correspondence:
o If your message is for Minister Sio’s advice, or if you have copied
your email to another Minister and/or Member of Parliament with more
appropriate portfolio responsibilities, this will be noted,
o If you have requested a meeting with Minister Sio, a staff member will
contact you in due course,
o If you have invited Minister Sio to an event, a member of staff may
contact you for more information,
o If you have made a request for official information, this will be
managed in accordance with the provisions of the Official Information
Act 1982, which may include transfer to a more relevant Minister or
agency,
o If you are a journalist, your request will be actioned by a staff
member.
Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[1]http://www.dia.govt.nz/Proactive-Release...
Kind regards,
Office of Hon Aupito William Sio, MP for Mangere
Reception +64 4 817 8723 | Ministerial Email [2][Aupito William Sio request email] |
Web [3]beehive.govt.nz | Postal Freepost Parliament, Private Bag 18 041,
Parliament Buildings, Wellington 6160, New Zealand
[4][IMG][5][IMG][6][IMG][7][IMG]
Authorised by Hon Aupito William Sio MP, Parliament Buildings, Wellington
6160, New Zealand
--------------------------------------------------------------------------
References
Visible links
1. http://www.dia.govt.nz/Proactive-Release...
2. mailto:[Aupito William Sio request email]
3. https://www.beehive.govt.nz/minister/hon...
4. https://www.facebook.com/suawilliamsio.1/
5. https://twitter.com/aupitowsio_mp
6. https://www.instagram.com/aupitowsio_mp4...
7. https://www.beehive.govt.nz/minister/bio...
From: A Sio (MIN)
Aupito William Sio
Dear Mr Creser
You have sought my opinion on two decisions of the Court of Appeal. You
have asked “which one of the two decisions [I] consider correct”.
I am unable to comment on, or be involved in, the details of a specific
case that has been considered by a Judge. This is because the judiciary
must be, and be seen to be, free from interference by another branch of
Government.
The Official Information Act 1982 applies to information that is held by a
Minister of the Crown in their official capacity. However, it does not
require Ministers to create information in order to provide an explanation
or opinion. Therefore, your request is refused under s 18(g) of the
Official Information Act 1982, on the basis that I do not hold this
information, and I have no grounds for believing that the information is
either held by, or connected more closely with the functions of, another
Minister, department or local authority.
Yours sincerely
Hon Aupito William Sio
Minister for Courts
--------------------------------------------------------------------------
From: John Creser
Dear A Sio (MIN),
Thank you for your email of 29 Sept 2021. To clarify my concerns, please consider the following comments about the difficulty of allowing two materially different decisions the same proceeding.
The Justice Department is required by law to maintain accurate records, how can the record be said to be accurate when the decisions are ambiguous.?
Here is a link to my petition: https://www.parliament.nz/en/pb/petition...
In this case one document was created by the court, in the court and for the court, the other was created by a lawyer, for his client and hidden by the registrar for 12 years. The judgments of the court speak for themselves, there are two, they are materially different and can't both be correct, this has nothing to do with judicial discretion or comity. This is a fraud upon the court and a breach of s258 of the Crimes Act for altering and concealing documents.
I've now written to each and every Member of Parliament as individual lawmakers seeking their views on my reasons for proposing codification of the law over record-keeping compliance under the Public Records Act 2005. I believe having an opinion on such matters is a component of your job description and oath of office.
Fraud : https://drive.google.com/file/d/1huqM1Bj...
Court: https://drive.google.com/file/d/1S9-UWd8.
I filed a private prosecution and a District Court Judge agreed there was sufficient evidence to issue summonses but the Attorney-General issued a stay of proceedings to halt the prosecution.On one hand MP's are quick to say its not appropriate for them to provide comment on matters that have been before the court and on the other the Attorney-General interferes with due process and halts the proceedings you've just said you can't comment on.
I believe its an abuse of the Attorney General's powers to allow officers of the court to escape the proper legal consequences of their actions, accordingly I've recently written to Chief Justice Helen Winkelmann to seek her opinion.
Chief Justice 1https://tinyurl.com/x5by85es
Chief Justice 2 https://tinyurl.com/hnwrkhhc
Please consider the above, and advise me which of the two documents you believe belongs on the public record.
Yours sincerely,
John Creser
From: A Sio (MIN)
Aupito William Sio
Thank you for contacting the office of Hon Aupito William Sio, Minister
for Pacific Peoples, Minister for Courts, Associate Minister of Justice,
Associate Minister of Foreign Affairs, Associate Minister of Health
(Pacific) and Associate Minister of Education (Pacific).
Minister Sio receives a significant volume of correspondence:
o If your message is for Minister Sio’s advice, or if you have copied
your email to another Minister and/or Member of Parliament with more
appropriate portfolio responsibilities, this will be noted,
o If you have requested a meeting with Minister Sio, a staff member will
contact you in due course,
o If you have invited Minister Sio to an event, a member of staff may
contact you for more information,
o If you have made a request for official information, this will be
managed in accordance with the provisions of the Official Information
Act 1982, which may include transfer to a more relevant Minister or
agency,
o If you are a journalist, your request will be actioned by a staff
member.
Please note information about meetings related to the Ministers’
portfolios will be proactively released (this does not include personal or
constituency matters). For each meeting in scope, the summary would list:
date, time (start and finish), brief description, location, who the
meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will
be released. If you are a senior staff member at an organisation, or meet
with the Minister in your personal capacity, your name may also be
released. The location of the meeting will be released, unless it is a
private residence. The proactive release will be consistent with the
provisions in the Official Information Act, including privacy
considerations. Under the Privacy Act 1993 you have the right to ask for a
copy of any personal information we hold about you, and to ask for it to
be corrected if you think it is wrong. If you’d like to ask for a copy of
your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the
sender. You can read more about the proactive release policy at
[1]http://www.dia.govt.nz/Proactive-Release...
Kind regards,
Office of Hon Aupito William Sio, MP for Mangere
Reception +64 4 817 8723 | Ministerial Email [2][Aupito William Sio request email] |
Web [3]beehive.govt.nz | Postal Freepost Parliament, Private Bag 18 041,
Parliament Buildings, Wellington 6160, New Zealand
[4][IMG][5][IMG][6][IMG][7][IMG]
Authorised by Hon Aupito William Sio MP, Parliament Buildings, Wellington
6160, New Zealand
--------------------------------------------------------------------------
References
Visible links
1. http://www.dia.govt.nz/Proactive-Release...
2. mailto:[Aupito William Sio request email]
3. https://www.beehive.govt.nz/minister/hon...
4. https://www.facebook.com/suawilliamsio.1/
5. https://twitter.com/aupitowsio_mp
6. https://www.instagram.com/aupitowsio_mp4...
7. https://www.beehive.govt.nz/minister/bio...
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RE: PR01865 - Petition 87688 / Fraud on the Court
Inbox
Hon Priyanca Radhakrishnan
On behalf of Minister Radhakrishnan, thank you for your email.
As the subject matter relates to Courts, your correspondence has been transferred to the office of Hon Aupito William Sio.
Link to this