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DX SX10088 | Wellington
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[email address] | www.justice.govt.nz
12 February 2024
Bevan Ellis
[FYI request #25250 email]
Our ref: OIA 108818
Tēnā koe Bevan
Official Information Act request: Private Prosecutions
Thank you for your email of 21 December 2023 requesting, under the Official Information Act
1982 (the Act), information regarding private prosecution statistics.
Specifically, you requested the following:
Can you provide statistics for:
•
how many private prosecutions were proposed to be commenced under the
Criminal Procedure Act
•
how many private prosecutions were commenced by the charging document
being immediately accepted for filing by the Registrar under section 26(1)(a) of
the Criminal Procedure Act
•
how many private prosecutions were sought to be commenced and rejected
under section 26(3) of the Criminal Procedure Act
•
how many private prosecutions were commenced after the charging document
was referred to a District Court Judge under section 26(1)(b) of the Criminal
Procedure Act
Please provide the data broken down by year if possible.
On the 19 January 2024, the Ministry of Justice (the Ministry) contacted you requesting a
timeframe for your request under section 15(1AA) of the Act. Later that day, you responded:
Please provide the data for 2013 to 2023, broken down by year as I said.
We have interpreted your request to mean:
• the number of private prosecutions filed under the Criminal Procedure Act 2011
• the number of private prosecution charging documents accepted
• the number of private prosecution charging documents refused, and
• the number of private prosecution charging documents referred to a District
Court Judge and granted.
You seek this data from 1 July 2013 until 31 December 2023. Section 26 of the Criminal
Procedure Act 2011 (CPA), which governs private prosecutions, came into force on July 2013.
The
Criminal
Procedure
Act
Commencement
Order
2013
is
available
at:
legislation.govt.nz/regulation/public/2013/0162/9.0/whole.html
In response to your request please see Tables 1 to 4, enclosed. Please note that this
information provides for the District Court only. This is because charging documents are filed
in the District Court.
If you require any further information, please contact Media & Social Media Manager Joe
Locke at [email address].
Please note that this response, with your personal details removed, may be published on the
Ministry website at: justice.govt.nz/about/official-information-act-requests/oia-responses/
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28(3) of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Jacquelyn Shannon
Group Manager, Courts & Tribunals, Regional Service Delivery
Table 1: Number of private prosecutions filed under the Criminal Procedure Act 2011
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Number of applications
8
38
10
11
18
33
12
21
20
38
34
Notes for Table 1:
• Year is based on application filing date.
• This data covers applications filed between 1 July 2013 to 31 December 2023. Therefore, table
1 may include active applications that have not received an outcome.
• This data counts the number of charging documents filed under the application type, 2224:
Private Prosecution to file charging document, which are recorded in the Court's Case
Management System (CMS).
• The application type: 2224: Private Prosecution to file charging document came into effect
1 July 2013.
Table 2: Number of private prosecution charging documents accepted
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Number of applications
3
4
2
2
3
13
1
3
3
10
6
Notes for Table 2:
• Year is based on application outcome date.
• This data covers applications that received an outcome between 1 July 2013 to 31 December
2023.
• This data counts the number of charging documents filed under the application type, 2224:
Private Prosecution to file charging document, which are recorded in the Court's Case
Management System (CMS).
• The application type: 2224: Private Prosecution to file charging document came into effect 1
July 2013.
• When more than one event has been linked to the application, the outcome of the latest event
has been included.
Table 3: Number of private prosecution charging documents refused
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Number of applications
3
31
6
6
10
13
4
13
15
28
21
Notes for Table 3:
• Year is based on application outcome date.
• This data covers applications that received an outcome between 1 July 2013 to 31 December
2023
• This data counts the number of charging documents filed under the application type, 2224:
Private Prosecution to file charging document, which are recorded in the Court's Case
Management System (CMS).
• The application type: 2224: Private Prosecution to file charging document came into effect 1
July 2013.
• When more than one event has been linked to the application, the outcome of the latest event
has been included.
Table 4: Number of private prosecution charging documents referred to a District Court
Judge and granted
2013 2014 2015
2016 2017 2018 2019 2020 2021 2022 2023
Number of applications
3
4
2
2
1
9
0
3
3
9
5
Note for table 4:
• Year is based on application outcome date.
• This data covers applications that received an outcome between 1 July 2013 to 31 December
2023
• This data counts the number of charging documents filed under the application type, 2224:
Private Prosecution to file charging document, which are recorded in the Court's Case
Management System (CMS).
• The application type: 2224: Private Prosecution to file charging document came into effect 1
July 2013.
• This data counts granted applications linked to an event seen to by a District Court Judge.
• When more than one event has been linked to the application, the outcome and judicial officer
of the latest event has been included.
