9 May 2023
By email: [FYI request #22709 email]
Tēnā koe Mr Bagnall
Official information request for Crown Solicitor reviews
Our Ref: OIA353/1
1.
I refer to your official information request dated 7 May 2023 for “all reviews of
the Crown Solicitor Warrants conducted by Crown Law for all regions in New
Zealand between 2003 to present”.
2.
This information is held by the Crown Law Office in the Solicitor-General's
practical exercise of her Law Officer functions. The Solicitor-General as a Law
Officer is not subject to the Official Information Act 1982 (
Act). The Ombudsman
has confirmed on a number of occasions information held by the Attorney-
General in his Law Officer function is not official information and cannot be
accessed under the Act (Case No.W41067). The same applies to the Solicitor-
General when acting in her role as Junior Law Officer (s 9 Constitution Act 1986;
Case No.W44280;
Berryman v Solicitor-General [2005] NZAR 512).
3.
Accordingly, your request for information is formally refused on the basis the Act
does not apply to the information sought.
4.
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.
5.
If you wish to discuss this decision with us, please feel free to contact me.
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
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
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