Where OIA 1982 Law Has Been Broken The Number of Prosecutions Year By Year

M Bell made this Official Information request to Ministry of Justice

The request was refused by Ministry of Justice.

From: M Bell

Dear Ministry of Justice,

Since the act is the law of NZ, under the Official Information Act 1982 please provide how many prosecutions there have been for any that are subject to the act that have actually been convicted of failing to comply with the act. To be specific I am asking for prosecutions of any that are subject to the act where they failed to comply with the act in response to receiving a lawful official information act request.
Please provide this data year by year since the OIA 1982 came into law.

Yours faithfully,

M Bell

Link to this

From: OIA@justice.govt.nz
Ministry of Justice



Tēnā koe,

 

Thank you for contacting the [1][Ministry of Justice request email] mailbox at the
Ministry of Justice.  

 

This automatic message is to confirm we have received your email - we hope
to acknowledge you and advise next steps within two working days.  

 

Please note that this mailbox is not monitored on weekends, public
holidays or between 17:00 and 08:00 hours on working days.  

 

Official Information Act requests can take up to 20 working days to
receive a response.  If the Ministry needs more time, we will inform you.

 

Ngā mihi,

 

Ministerial Relations and Services

Corporate Services

Justice Centre | Aitken Street

DX Box SX 10088 | Wellington

[2]www.justice.govt.nz

 

 

References

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Erika Whittome left an annotation ()

The attempt to hide the TPPA is the most recent prosecution under the OIA in 2015 'Kelsey v Minister of Trade' https://img.scoop.co.nz/media/pdfs/1510/... CIV-2015-485-000583
[2015] NZHC 2497

Link to this

M Bell left an annotation ()

Yeah that is an interesting one Erika. Displays lack of impartiality from the chief ombudsman (hence suspicion of possible capture by outside interests), plus the actual punishment for the clearly unlawful action was about the equivalent of a swat with a paper towel. The court costs awarded were shouldered by the NZ public.

Link to this

From: OIA@justice.govt.nz
Ministry of Justice


Attachment image001.jpg
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Tēnā koe M Bell

 

Thank you for emailing the Ministry of Justice (the Ministry).

 

We acknowledge receipt of your request under the Official Information Act
1982.  Specifically, you requested:

 

o Please provide how many prosecutions there have been for any that are
subject to the act that have actually been convicted of failing to
comply with the act. To be specific I am asking for prosecutions of
any that are subject to the act where they failed to comply with the
act in response to receiving a lawful official information act
request.
o Please provide this data year by year since the OIA 1982 came into
law.

 

 

This has been forwarded onto the relevant business unit to respond to. 

 

The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons). 

 

You can expect a response by 31/10/2024.

 

 

Nga Mihi,

 

   

Communications and Ministerial Services |Corporate Services

Ministry of Justice | Tāhū o te Ture
DX Box SX 10088 | Wellington

[1]www.justice.govt.nz

 

 

 

-----Original Message-----
From: M Bell <[FOI #28613 email]>
Sent: Wednesday, October 2, 2024 9:33 AM
To: [Ministry of Justice request email]
Subject: Official Information request - Where OIA 1982 Law Has Been Broken
The Number of Prosecutions Year By Year

 

Dear Ministry of Justice,

 

Since the act is the law of NZ, under the Official Information Act 1982
please provide how many prosecutions there have been for any that are
subject to the act that have actually been convicted of failing to comply
with the act. To be specific I am asking for prosecutions of any that are
subject to the act where they failed to comply with the act in response to
receiving a lawful official information act request.

Please provide this data year by year since the OIA 1982 came into law.

 

Yours faithfully,

 

M Bell

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[2][FOI #28613 email]

 

Is [3][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[4]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[5]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

References

Visible links
1. http://www.justice.govt.nz/
2. mailto:[FOI #28613 email]
3. mailto:[Ministry of Justice request email]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers

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Link to this

From: Media - Justice
Ministry of Justice


Attachment image001.jpg
15K Download

Attachment OIA 116399 Bell.pdf
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Tēnā koe M Bell,

 

Please see the attached response to your Official Information Act request
of 2 October 2024.

 

Ngā mihi,

 

 

 

 

Ngā mihi,

Communications Services
Ministry of Justice | Tāhū o te Ture

www.[1]justice.govt.nz

 

 

 

-----Original Message-----
From: M Bell <[2][FYI request #28613 email]>
Sent: Wednesday, October 2, 2024 9:33 AM
To: [3][Ministry of Justice request email]
Subject: Official Information request - Where OIA 1982 Law Has Been Broken
The Number of Prosecutions Year By Year

 

Dear Ministry of Justice,

 

Since the act is the law of NZ, under the Official Information Act 1982
please provide how many prosecutions there have been for any that are
subject to the act that have actually been convicted of failing to comply
with the act. To be specific I am asking for prosecutions of any that are
subject to the act where they failed to comply with the act in response to
receiving a lawful official information act request.

Please provide this data year by year since the OIA 1982 came into law.

 

Yours faithfully,

 

M Bell

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[4][FYI request #28613 email]

 

Is [5][Ministry of Justice request email] the wrong address for Official Information
requests to Ministry of Justice? If so, please contact us using this form:

[6]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[7]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

 

References

Visible links
1. http://www.justice.govt.nz/
2. mailto:[FYI request #28613 email]
3. mailto:[Ministry of Justice request email]
4. mailto:[FYI request #28613 email]
5. mailto:[Ministry of Justice request email]
6. https://fyi.org.nz/change_request/new?bo...
7. https://fyi.org.nz/help/officers

hide quoted sections

Link to this

From: M Bell

Dear Media - Justice,
So interpreting your response you are saying there have not been and also cannot be any actual offences because technically it is not a criminal offence to break the law by failing to comply with the act.
So perhaps my initial wording was sloppy, hence assuming you have this information, can you please provide information as to court RULINGS year by year where it was deemed that OIA 1982 was not followed. As this is technically a refinement to my original request please feel free to utilize the 20 working days for response as per the act.

Yours sincerely,
M Bell

Link to this

From: Media - Justice
Ministry of Justice



UNCLASSIFIED

UNCLASSIFIED

Tēnā koe M Bell,

 

The Ministry of Justice does not hold statistical information on court
rulings about the Official Information Act (the Act), where it was deemed
that the Act was not followed. Your specific request for this information,
made on 29 October 2024, is further refused under section 18(g) of the
Act, as the information requested is not held by the Ministry and there
are no grounds for believing it is held by another agency or Minister that
is subject to the Act.

 

The main responsibility for overseeing compliance with the Act sits with
the Office of the Ombudsman. If you wish to contact the Ombudsman you can
do so by email to: [1][email address] or by phone on: 0800
802 602.

 

Additionally, you have asked for information specifically on court
rulings. Please be advised that this is considered court information which
is not subject to the Act, under section 2(6)(a) of the Act. More
information on what can be requested under the Act can be found at:
[2]https://www.ombudsman.parliament.nz/reso...

 

The Ministry is unable to provide you any further information on the
subject of your request.

 

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, using the
contact information advised above.

 

Ngā mihi,

 

Katarina

 

 

Katarina Fauvel (nee Williams) (she/her)

Senior Advisor, Media | Communication Services

Ministry of Justice | Tāhū o te Ture

M 027 390 2703

E: [3][email address] | justice.govt.nz

 

 

 

UNCLASSIFIED

UNCLASSIFIED

-----Original Message-----

From: M Bell <[4][FOI #28613 email]>

Sent: Tuesday, October 29, 2024 1:58 PM

To: Media - Justice <[5][email address]>

Subject: RE: Official Information request - Where OIA 1982 Law Has Been
Broken The Number of Prosecutions Year By Year

 

Dear Media - Justice,

So interpreting your response you are saying there have not been and also
cannot be any actual offences because technically it is not a criminal
offence to break the law by failing to comply with the act.

So perhaps my initial wording was sloppy, hence assuming you have this
information, can you please provide information as to court RULINGS year
by year where it was deemed that OIA 1982 was not followed. As this is
technically a refinement to my original request please feel free to
utilize the 20 working days for response as per the act.

 

Yours sincerely,

M Bell

 

-----Original Message-----

 

Tēnā koe M Bell,

 

 

 

Please see the attached response to your Official Information Act request 
of 2 October 2024.

 

 

 

Ngā mihi,

 

 

 

 

 

 

 

 

 

Ngā mihi,

 

Communications Services

Ministry of Justice | Tāhū o te Ture

 

[6]www.[1]justice.govt.nz

 

 

 

 

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[7][FOI #28613 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[8]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

-------------------------------------------------------------------

 

References

Visible links
1. mailto:[email address]
2. https://www.ombudsman.parliament.nz/reso...
3. mailto:[email address]
4. mailto:[FOI #28613 email]
5. mailto:[email address]
6. http://www.[1]/justice.govt.nz
7. mailto:[FOI #28613 email]
8. https://fyi.org.nz/help/officers

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