RNZSPCA accountability and prosecutions
Grace Haden made this Official Information request to Ministry for Primary Industries
Response to this request is long overdue. By law Ministry for Primary Industries should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Grace Haden
Dear Ministry for Primary Industries,
Questions have been raised in the Australian parliament which appear to be relevant to new Zealand also with slight modifications
(1) What policies and protocols govern the RNZSPCA’s access to private property, specifically in circumstances where the owner of the property was either not notified of a visitation or otherwise absent from that property?
(2) How often can the RNZSPCA vist a property before it is considered harassment
(3) What records are kept with respect to complaints being made against RNZSPCA inspectors?
(4) How many complaints against RNZSPCA inspectors have been made in the last five years?
(i) What types of complaints have these been?
(ii) How many complaints have been upheld in that same period?
(5) prosecutions by the RNZSPA are private prosecutions and are recognised by the supreme court as such SC 58/2019 [2020] NZSC 97 documents are not filed in complaince with the requirements of the criminal proceedure act (CPA) S26 because the matter goes through a crown prosecution and masquarades as a crown prosecution
(i)- what consideratons/dispensations have been given by Mpi that this is not in line with the requirements of section 13 CPA and section 26 and a breach of the fair hearing provison of the bill of rights S 25 (a)
(ii) please provide all correspondence , policies and information whihc yo hold with regard to the crown undertaking such proscutions despite the limitation due to the definiton “private prosecution” is defined in s 5 of the Act essentially as a prosecution that is not a public prosecution nor a prosecution “commenced by or on behalf of a local authority, or other statutory public body or board”.
(iii)please provide the legal referneces relied on to consider the RNZSPA be considerd a local authority, or other statutory public body or board”.
(iv) if such evidence exists please provide evidence that has been taken to correct the supreme court decison refered to above at [126] The range and nature of private prosecutors and prosecutions is wide and varied. In its 2000 report on criminal prosecutions, the Law Commission identified five categories of private prosecutors -(c) organisations accepted as having an interest in enforcing particular statutes, such as the Society for the Prevention of Cruelty to Animals (SPCA);
Yours faithfully,
Grace Haden
From: Grace Haden
Dear Ministry for Primary Industries,
This request was due to day but has not even been acknowledged could some one please attend to it urgently
Yours faithfully,
Grace Haden
From: Official Information Act
Ministry for Primary Industries
Tēnā koe Grace
On behalf of Glen Burrell, Director Compliance & Response, please find
attached a response to your Official Information Act request.
Ngā mihi
Official Information Act Team
Government Services | Public Affairs
Ministry for Primary Industries | Charles Fergusson Building, 34-38 Bowen
Street | PO Box 2526 | Wellington | New Zealand
Telephone: 0800 00 83 33 | Email: [1][email address] |
Web: [2]www.mpi.govt.nz
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From: Grace Haden
Dear Official Information Act,
thank you for your response
I appreciate that the RNZSPCA is not subject to the OIA however according to the MOU " MPI has oversight of aspects of SPCA's animal welfare compliance and
enforcement functions" and 11.1 To facilitate the effective exercise of their statutory functions, the parties may share information relevant to the investigation of offences and the maintenance of law and order under the Act.
The Mou 1.2" is supported by the performance and technical standards agreement"
In the performance and technical standards agreement between MPI and the RNZSPCA item 106 "MPI will consult with SPCA in responding to requests that MPI receive under the Official Information Act 1982 that concern information about SPCA."
Please refer to this agreement and provide the information requested rather than state that you do not hold this information .
The process of prosecution is not an open , transparent process or in line with the provisions of the criminal proceedure act in particular section 26 relating to private prosecutions and sets out a specific pathway that private prosecutions must use to come to court ( section 13)
By using crown solictors appears to by pass this crutial step and is regularly represented as " the crown " in court.
The path way to prosecution lacks accountability and compliance to the law as required by the criminal proceedure act and results in a breach of the bill of rights ( not providing a fair hearing )
while it appears that this private organisation can have its own unseen prosecution policy it by passes the statutory provisions intent on safe guarding the public from abuse of process.
MPI has oversight of this private organisation with public law enforcement powers
and appears to be condoning its masquerading as a crown entity in court and fails to hold the private organisation accountable to its MOU and technical standards.
by way of OIA please provide all , documents and correspondence , notes of discussion by MPI with regards to use of crown solicitors by MPI and its impact on compliance witht the rule of law due to its portrayal in court as a crown entity .
please also provide a copy of the SPCA prosecution policy
and the proceedure by which their prosecutions come to court .. who approves prosecutions or does an inspector simply pass them to crwon law for prosecution .
further: I note that the SPCA Performance and Technical Standards for Inspectors was to be reviewed in July 2021 did this occur could you please provide the latest copy of the SPCA Performance and Technical Standards for Inspectors and MOU as the ones which have been provided are over 5 years old .
Yours sincerely,
Grace Haden
From: Official Information Act
Ministry for Primary Industries
Tēnā koe Grace,
Thank you for your official information request received on 11 February 2025.
Your request below will be considered, and a decision provided in accordance with the requirements of the Official Information Act 1982.
If you have any questions regarding this request, please email [email address].
Ngā mihi,
Official Information Act Team
Government Services | Public Affairs
Ministry for Primary Industries – Manatū Ahu Matua
Charles Fergusson Building, 38-42 Bowen Street | PO Box 2526 | Wellington 6140
Telephone: 0800 00 83 33 | Email: [email address] | Web: www.mpi.govt.nz
-----Original Message-----
From: Grace Haden <[FOI #28229 email]>
Sent: Tuesday, 11 February 2025 5:00 pm
To: Official Information Act <[email address]>
Subject: Re: OIA24-0711 - a response to your OIA request
Dear Official Information Act,
thank you for your response
I appreciate that the RNZSPCA is not subject to the OIA however according to the MOU " MPI has oversight of aspects of SPCA's animal welfare compliance and
enforcement functions" and 11.1 To facilitate the effective exercise of their statutory functions, the parties may share information relevant to the investigation of offences and the maintenance of law and order under the Act.
The Mou 1.2" is supported by the performance and technical standards agreement"
In the performance and technical standards agreement between MPI and the RNZSPCA item 106 "MPI will consult with SPCA in responding to requests that MPI receive under the Official Information Act 1982 that concern information about SPCA."
Please refer to this agreement and provide the information requested rather than state that you do not hold this information .
The process of prosecution is not an open , transparent process or in line with the provisions of the criminal proceedure act in particular section 26 relating to private prosecutions and sets out a specific pathway that private prosecutions must use to come to court ( section 13)
By using crown solictors appears to by pass this crutial step and is regularly represented as " the crown " in court.
The path way to prosecution lacks accountability and compliance to the law as required by the criminal proceedure act and results in a breach of the bill of rights ( not providing a fair hearing )
while it appears that this private organisation can have its own unseen prosecution policy it by passes the statutory provisions intent on safe guarding the public from abuse of process.
MPI has oversight of this private organisation with public law enforcement powers
and appears to be condoning its masquerading as a crown entity in court and fails to hold the private organisation accountable to its MOU and technical standards.
by way of OIA please provide all , documents and correspondence , notes of discussion by MPI with regards to use of crown solicitors by MPI and its impact on compliance witht the rule of law due to its portrayal in court as a crown entity .
please also provide a copy of the SPCA prosecution policy and the proceedure by which their prosecutions come to court .. who approves prosecutions or does an inspector simply pass them to crwon law for prosecution .
further: I note that the SPCA Performance and Technical Standards for Inspectors was to be reviewed in July 2021 did this occur could you please provide the latest copy of the SPCA Performance and Technical Standards for Inspectors and MOU as the ones which have been provided are over 5 years old .
Yours sincerely,
Grace Haden
-----Original Message-----
Tēnā koe Grace
On behalf of Glen Burrell, Director Compliance & Response, please find attached a response to your Official Information Act request.
Ngā mihi
Official Information Act Team
Government Services | Public Affairs
Ministry for Primary Industries | Charles Fergusson Building, 34-38 Bowen Street | PO Box 2526 | Wellington | New Zealand
Telephone: 0800 00 83 33 | Email: [1][email address] |
Web: [2]www.mpi.govt.nz
References
Visible links
1. mailto:[email address]
2. http://www.mpi.govt.nz/
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________________________________
This email message and any attachment(s) is intended solely for the addressee(s)
named above. The information it contains may be classified and may be legally
privileged. Unauthorised use of the message, or the information it contains,
may be unlawful. If you have received this message by mistake please call the
sender immediately on 64 4 8940100 or notify us by return email and erase the
original message and attachments. Thank you.
The Ministry for Primary Industries accepts no responsibility for changes
made to this email or to any attachments after transmission from the office.
________________________________
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From: Official Information Act
Ministry for Primary Industries
Tēnā koe Grace
Thank you for your email of 11 February 2025 requesting information
related to compliance laws etc. your request is being considered under the
Official Information Act 1982 (OIA).
Before we can progress your OIA, we are hoping you could advise if you
possibly meant to write SPCA rather than MPI for the highlighted part
below:
By way of OIA please provide all , documents and correspondence , notes of
discussion by MPI with regards to use of crown solicitors by MPI and its
impact on compliance with the rule of law due to its portrayal in court as
a crown entity .
So we can progress your OIA further, we are hoping for confirmation of the
above by COB 20 February 2025.
Ngā mihi
Jack
Official Information Act Team
Government Services | Public Affairs
Ministry for Primary Industries | Charles Fergusson Building, 34-38 Bowen
Street | PO Box 2526 | Wellington | New Zealand
Telephone: 0800 00 83 33 | Email: [1][email address] |
Web: [2]www.mpi.govt.nz
--------------------------------------------------------------------------
This email message and any attachment(s) is intended solely for the
addressee(s)
named above. The information it contains may be classified and may be
legally
privileged. Unauthorised use of the message, or the information it
contains,
may be unlawful. If you have received this message by mistake please call
the
sender immediately on 64 4 8940100 or notify us by return email and erase
the
original message and attachments. Thank you.
The Ministry for Primary Industries accepts no responsibility for changes
made to this email or to any attachments after transmission from the
office.
--------------------------------------------------------------------------
References
Visible links
1. mailto:[email address]
2. http://www.mpi.govt.nz/
hide quoted sections
From: Grace Haden
Dear Official Information Act,
Thank you for picking this up
correction the question is
By way of OIA please provide all , documents and correspondence , notes of
discussion by MPI with regards to use of crown solicitors by The RNZSPCA and its impact on compliance with the rule of law due to its portrayal in court as
a crown entity .
A prosecution has to comply with the bill of rights and Fair trial is very much part of this By refering to the spca as a crown organisation and misleading the court that this is a public prosecution rather than a private one and the subsequent non compliance with the criminal proceedure act impacts on a fair trial and the RNZSPCA's breach of the mou and proves lack of oversight by MPI
The Rnzspca is a private organisation and as such is not subject to the
OIA it performs a public function but has no accountability to the public and is not answerable to the public it is a private charity
the decision SC 58/2019 [2020] NZSC 97 makes it very clear at paragraph 126 organisations accepted as having an interest in enforcing particular statutes, such as the Society for the Prevention of Cruelty to Animals (SPCA).
Under the criminal procedure act 2011 section 5 crown prosecutions and private prosecutions are defined
A “public prosecution” means a prosecution for an offence “commenced by or on behalf of the Crown” and includes prosecutions “commenced by or on behalf of a Crown entity within the meaning of section 7 of the Crown Entities Act 2004”.
the SPCA is not listed in the crown entities act due to the fact that it is a privat organisation
Matters are going to court filed by crown prosecutors and representing evidence as crown evidence, it also by pases the provisons in the act for private prosecutions and seriously misleads the courts with some matters being portrayed as the crown versus instead of the RNZSPCA versus
Yours sincerely,
Grace Haden
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