15 May 2023
45 Pipitea Street, Thorndon, Wellington 6011
PO Box 805, Wellington 6140
Phone +64 4 495 7200
John Palethorpe
Fax +64 4 382 3589
Em
ail [email address]
Via fyi:
fyi-request-22467-
Webs
ite www.dia.govt.nz
[email address]
Dear John
Your Official Information Act request OIA2223-0735 dated 15 April 2023
I acknowledge your Official Information Act (the Act) request, which was received by the Department
of Internal Affairs (Department) on 15 April 2023, requesting:
“….the email correspondence between Deputy Chief Legal Advice at the DIA, Tim Whiteley, and Crown
Law's Daniel Perkins or Una Jagose KC relating to the BDMRR prior to Crown Law's email to Mr
Whiteley on 20 February 2019. Crown Law's reference for the inquiry Mr Whiteley or his office made is
ATT114/2011, as per their advice to him.”
I am withholding all of the information that you have requested, as I consider that this is necessary to
maintain legal professional privilege. Legal professional privilege applies to all communications
between a solicitor and its client, for the purposes of seeking or giving legal advice. The email
correspondence attaches and provides views on, and responses to a legal opinion provided by Crown
Law to the Department on the Births, Deaths, Marriages and Relationship Registration Bill, and is
therefore subject to legal professional privilege.
This privilege has long been regarded as a fundamental element in the administration of justice. As
such, the public interest in ensuring the maintenance of this privilege is very high. I have considered
whether there are other matters in the public interest that would outweigh the need to protect legal
professional privilege. I have concluded that the need to protect legal professional privilege is not
outweighed by other considerations which render it desirable, in the public interest, to make the
information available.
If you have any feedback or questions about the Department’s response, please let us know at
[email address]. 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.
Yours sincerely
Andrea Speir
Chief Legal Advisor
Te Urungi - Māori, Strategy & Performance