19 June 2024
Grace Haden
By email:
[FYI request #26161 email]
Dear Ms Haden
Official information request dated 6 June 2024
Our Ref: OIA353/1
1.
I refer to your request under the Official Information Act 1982 (OIA) dated 6 June
2024. You made this request following our response to your earlier request
dated 15 May 2024. That response enclosed a 2018 letter to Crown Solicitors
from the then Deputy Solicitor-General (Criminal) which “for the avoidance of
doubt” granted dispensation to Crown Solicitors to act for the SPCA. Your new
request asks:
By way of OiA could you please advise if the dispensation was reviewed
after the supreme court decison [
S (SC 58/2019) v Vector Limited [2020]
NZSC 97] was deleiverd .
if not why not and now that you are aware of it will there be a review
2.
As we have previously advised you, we are aware of the Supreme Court decision
to which you refer, having appeared on behalf of the Attorney-General at the
hearing. Crown Law did not review the 2018 dispensation letter following the
Supreme Court’s decision.
3.
We have also previously advised you that the extent to which Crown Law
considers, and the position Crown Law takes on, any particular case is legally
privileged. Without prejudice to that position, however, I confirm the reason no
review was taken was because the Supreme Court’s decision had no bearing on
the subject matter of the 2018 dispensation letter.
Proactive release
4.
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.
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
7964556_1
2
5.
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.
6.
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
7964556_1