6 June 2024
Attention: Grace Haden
By email:
[FYI request #26161 email]
Dear Ms Haden
Official information request 15 May 2024
Our Ref: OIA353/1
1.
I refer to your official information request dated 15 May 2024. You request a
copy of “a document granting dispensation” to Crown Solicitors acting for the
SPCA. You have identified a document dated 9 February 2018 and with the
reference number CLO311/308.
2.
The information you seek does not fall within the scope of the Official
Information Act 1982 (OIA). The Ombudsman has held that information created
and/or held by Crown Law while assisting the Solicitor-General in her Law Officer
function is not subject to the OIA. One aspect of the Law Officer function is
oversight of criminal prosecutions.
3.
However, while this information is not subject the OIA, as a matter of courtesy
we enclose a copy of the document you have requested. As you will see, it is a
letter from the Deputy Solicitor-General (Criminal) to Crown Solicitors which “for
the avoidance of doubt” purports to grant dispensation to act for the SPCA, but
without expressing any view as to whether SPCA prosecutions are public or
private ones.
4.
As we noted in our response to your earlier request dated 19 March 2024, in that
request you asked Crown Law to provide:
the “dispensation or any memoranda which officially states that the SPCA
can be represented by the crown”, and which “also show that the supreme
court case law [you refer to
S (SC 58/2019) v Vector Limited [2020] NZSC 97]
was considered before or after giving a private entity the right to
representation by a crown solicitor.” Put another way, you ask Crown Law
to provide: “…the date on which dispensation was given, copies of the
document (sic) or memoranda which (sic) records this confirms
dispensation for the terms of office in relation to the RNZSPCA and that in
doing so the 2011 criminal procedure act and (sic) the views of the supreme
court were considered.”
5.
That request was declined as no such official dispensation document exists.
Level 2 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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6.
Please note that we may publish this response (with your personal details
redacted), and any related documents, on Crown Law’s website if we decide
proactive release of this information is or may be in the public interest. If you
have any concerns about this, please let us know within 10 working days of the
date of this letter.
7.
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.
8.
If you wish to discuss this decision with us, please feel free to contact
[Crown Law Office request email].
Yours faithfully
Crown Law
Jo Mildenhall
Crown Counsel
Encl
SPCA dispensation
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