Dear Crown Law Office,

On 1 October Crown Law office notified that new Prosecution guidelines will take effect from 1 January 2025.

These guidelines have the effect of creating differential outcomes for members of the public dependant on race/ethnicity.

I have some questions regarding the sign off of these guidelines and the role of Inaia Tonu Nei in the development of these guidelines.

1 Please provide any correspondence to or from Minister Collins or the Ministers office approving these guidelines.

2 If the above does not exist please provide any correspondence to or from Minister Collins office in which Crown Law notifies the Minster or her office of the revised guidelines and any feedback provided in relation to the revised guidelines.

Your press release notes that an organisation called "Inaia Tonu Nei" played a 'pivotal role' in the development of these guidelines. Inaia Tonu Nei's mission includes (paraphrasing) 'Decolonization of the settler-colonial (in)justice system. Obviously an organisation with a radical outlook has played a 'pivotal' role in the development of these guidelines. Please provide:

3 Clarification of total expenses/costs etc paid to Inaia Tonu Nei associated with the development of the prosecution guidelines.

4 Presumably there is a large volume of correspondence between Crown Law and Inaia Tonu Nei. I am requesting any correspondence between Crown Law and Inaia Tonu Nei in relation to the late drafts of the guidelines.

Yours faithfully,

N. Farlow

Dear Crown Law,

I acknowledge receipt of your response. However, I found the general tone of your response somewhat patronising and condescending.

I note your decision to decline on the basis that the Solicitor-General’s in issuing the guidelines is doing so as part of role as Law Officer; and as a result this information is not “official information”. I do not agree with your interpretation. The guidance which I have reviewed relates to individual cases not to the development of what is essentially a judicial policy. For this reason I will be lodging a complaint with the Ombudsman.

In terms of your response I also provide a new request:

1 Correspondence relating to the processing of my request for information; and
2 Clarification of any Crown funding of Inaia Tonu Nei, whether through Ministry of Justice, the Crown or Crown Entity.

Yours sincerely,

Nick Farlow