Effect of Elizabeth II's death on the OIA
Mark Hanna made this Official Information request to Ministry of Justice
The request was successful.
From: Mark Hanna
Tēnā koe,
I'm writing to you as the ministry responsible for administering the Official Information Act 1982, regarding how the death of Elizabeth II may have affected how its definition of "working day" is applied.
The OIA's definition of a "working day" states that "the reigning Sovereign's birthday" is not considered a working day under the act.
The Sovereign's Birthday Observance Act 1952 section 2(c) states that any reference to the Sovereign's birthday within any Act should be considered to be a reference to the first Monday in June, but only "in respect of every year of the reign of Her Majesty Queen Elizabeth the Second after the year 1953".
As Elizabeth II's reign has come to an end, and Charles III is now the reigning sovereign, this section of the Sovereign's Birthday Observance Act 1952 no longer modifies references to "the Sovereign's birthday" such as the one in the OIA's definition of a "working day".
However, I am aware that the Holidays Act 2003 section 44(i) states that the public holiday on which "the birthday of the reigning Sovereign" is observed happens on the first Monday in June.
As the Ministry of Justice is responsible for administering the Official Information Act, I would like to ask for clarification on whether or not the following days would currently be considered working days under the Official Information Act 1982:
1. Monday the 14th of November 2022, being the birthday of Charles III
2. Monday June 5 2023, being the first Monday in June of that year and therefore public holiday on which the birthday of the reigning Sovereign is observed
Ngā mihi,
Mark Hanna
From: OIA@justice.govt.nz
Ministry of Justice
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From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Mark,
Thank you for emailing the Ministry of Justice.
We acknowledge receipt of your request regarding working days under the
Official Information Act 1982.
This has been forwarded onto the relevant business unit to respond to.
You can expect a response by 07/10/2022.
Ngā mihi,
Ellen
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[1]www.justice.govt.nz
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From: OIA@justice.govt.nz
Ministry of Justice
Dear Mr Hanna
Thank you for your email of 9 September 2022, in which you request
information pertaining to the death of HM Queen Elizabeth II and the
definition of working day in the Official Information Act 1982.
Monday the 14th of November 2022 will be a working day for the purposes of
the Official Information Act 1982. The Office of the Governor-General has
confirmed that the King’s birthday will continue to be observed on the
first Monday in June.
As you will be aware, the Ministry of Culture and Heritage has also
indicated that the Sovereign’s Birthday Observance Act 1952 will be
updated in due course:
[1]fyi.org.nz/request/20499-plans-to-amend-the-sovereign-s-birthday-observance-act-1952#incoming-77901
Yours sincerely
Jan Morison
Team Leader, Ministerial Relations and Services
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