Court documents for civ-2022-404-847
Helen Wallis made this Official Information request to Ministry of Justice
Ministry of Justice did not have the information requested.
From: Helen Wallis
Dear Ministry of Justice,
Please provide me with all court documents for case civ-2022-404-847 DIRECTOR OF THE MINISTRY OF HEALTH v. WAKAMINENGA KAUNIHERA HAUORA
Please explain in full why this decision and associated documents are no longer found on the courts of NZ website.
Yours faithfully,
Helen Wallis
From: OIA@justice.govt.nz
Ministry of Justice
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From: OIA@justice.govt.nz
Ministry of Justice
Kia ora Helen,
Thank you for emailing the Ministry of Justice. The information you are
requesting is a court record and not held by the Ministry of Justice.
Information held by the courts, sentencing notes, court records,
transcriptions or information about a case currently before the court are
the records of courts and tribunals and are not subject to the Official
Information Act 1982. Access to these is dealt with by separate
legislation and court rules and you will need to contact the relevant
court directly, the details for the courts can be found here
[1]https://www.justice.govt.nz/contact-us/f....
You do not have to request information in person from the courts. You can
do so by contacting them and filling out an application. This can be done
via email or by post.
Here is a link to the form you will need to complete
[2]https://www.justice.govt.nz/assets/Docum....
In answer to the second part of your request, I must advise that the
Ministry does not remove decisions from the Ministry's website. Final
decisions are published and removed at the discretion of a judicial
officer.
Ngā mihi,
Ellen
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[3]www.justice.govt.nz
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From: Helen Wallis
Dear Ellen,
Thanks for your prompt reply. I only wrote to the MOJ as after clicking on the hyperlink to access the daily court information for the mentioned case (as found via search engine) the MOJ image came up saying the page was not found.
Also after searching for the case on the courts of NZ homepage it came up with no case information. It is not only the decision that is not available to view but the whole case seems to have disappeared. I find this very surprising as it involved the (then current) director general of health Dr Ashley Bloomfield
Does the MOJ not maintain any records of cases that were held?
Yours sincerely,
Helen Wallis
From: OIA@justice.govt.nz
Ministry of Justice
Kia ora anō Helen,
The judgement for this case is currently available at Judicial Decisions
Online: [1]https://forms.justice.govt.nz/jdo/Search....
I have attached a copy to this email for your convenience.
Ngā mihi,
Ellen
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[2]www.justice.govt.nz
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From: Helen Wallis
Dear Ellen,
Thank you for getting the link opened again.
It appears that the document that has been opened is just the first part.
There is a second court appearance mentioned in the court notes. Is this document also available to be viewed?
Yours sincerely,
Helen Wallis
From: OIA@justice.govt.nz
Ministry of Justice
Kia ora Helen,
Thank you for you further inquiry.
You will need to contact the Court concerned directly, as the information
requested is court record and not publicly available.
Ngā mihi,
Ellen
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[1]www.justice.govt.nz
show quoted sections
From: Helen Wallis
Dear Ellen
Thanks for your reply.
Can you confirm for me why the link to the trial information PDF was published 3 weeks ago but has now been taken down?
Also surely if I search for it on the courts of new zealand website the record of the trial should be found showing that it happened. Or is the whole trial including the information that the trial actually happened not meant to be public record?
If this is the case why is a trial held at the high Court of new zealand being hidden from the NZ people and on whose authority?
Yours sincerely,
Helen Wallis
From: OIA@justice.govt.nz
Ministry of Justice
Kia ora Helen,
I must reiterate that information published in the decisions section of
the website is still judicial information, and is therefore published or
removed at the direction of the relevant judge, adjudicator or referee,
the Ministry of Justice is simply the host of this information.
Ngā mihi,
Ellen
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[1]www.justice.govt.nz
show quoted sections
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