2 August 2022
S.I
By email:
[FYI request #19847 email]
Dear S.I
Official information request for written guidelines
Our Ref: OIA353/1
1.
I refer to your official information request dated 7 July 2022:
Please provide any written guidelines (or other rules, etc) that are taken
into account by Crown Law when they determine whether to initiate or
continue civil proceedings by and against the crown. Please provide any
reference documents in relation to civil bill of rights claims & defamation
proceedings.
Please include information summarising the factors/criteria applied by
Crown Law when they determine whether to initiate or continue civil
proceedings by and against the crown.
2.
The written guidelines applied to our conduct of litigation on behalf of the Crown
are largely set out in internal professional standards. We have
attached the
following documents:
2.1
Defamation proceedings policy
2.2
Appeals policy
2.3
Settlement policy
2.4
Intervention policy
2.5
Service of civil proceedings guidelines
2.6
Filing of proceedings policy
2.7
The Crown Law litigation policy
3.
The Cabinet Directions for the conduct of Crown Legal Business and the Attorney
General’s values are publicly available documents but we have included them for
completeness.
4.
We have included an index that sets out a full list of the professional standards at
Crown Law so you will see the standards that we have not included, because
they did not appear to relate to your request. If you wish to see any of the other
documents please make a further request.
Level 3 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
6956522_1
2
Proactive release
5.
Please note that we may publish this response (with your personal details
redacted), and any related documents, on Crown Law’s website if we decide
proactive release of this information is or may be in the public interest. If you
have any concerns about this, please let us know within 10 working days of the
date of this letter.
6.
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.
7.
If you wish to discuss this decision with us, please feel free to contact me.
Yours faithfully
Crown Law
Austin Powell
Senior Crown Counsel
Encl
1.
Defamation proceedings policy
2.
Appeals policy
3.
Settlement policy
4.
Intervention policy
5.
Service of civil proceedings guidelines
6.
Filing of proceedings
7.
The Crown Law litigation policy
8.
The AG civil litigation values
9.
The Cabinet Directions for the conduct of Crown Legal Business and the
Attorney General’s values
10.
Table of policy and guidelines
6956522_1