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TO [email protected] Information Act 1982 Request [email protected]

Subject: Application and enforcement of objectionable-publication offences comparative categories

Hello,

I request the following information under the Official Information Act 1982.

This request seeks to understand regulatory decision-making, enforcement consistency, and proportionality in the application of objectionable-publication offences. It does not make, and is not intended to make, any factual assertions regarding specific events.

Categories

For clarity, the request relates to two categories of objectionable-publication enforcement:

Category A: Distribution, linking, or sharing of the Christchurch mosque attack video or derivative material.

Category B: Distribution or possession of child sexual exploitation material (including cases commonly referenced in public reporting, such as McSkimming(s)).

Information requested

Please provide, for each category:

Policy and guidance

Any internal policies, guidelines, memoranda, or instructions used by Police, prosecutors, or relevant agencies to determine enforcement thresholds, charging decisions, or prosecutorial discretion.

Statistical information (aggregated and anonymised, by year where available)

Number of investigations initiated

Number of warnings, diversions, or alternative resolutions

Number of prosecutions commenced

Number of custodial and non-custodial outcomes

Typical sentence ranges imposed

Penalty and proportionality considerations

Any records showing consideration of proportionality, deterrence, public harm, or public interest when applying maximum penalties for each category.

Consistency and comparative assessment

Any analysis, review, or consideration given to consistency or comparative seriousness between different types of objectionable-publication offences.

Jurisdictional considerations

Any legal advice, briefing papers, or internal analysis regarding jurisdiction where content is hosted offshore (including social-media platforms), but accessed or shared by users in New Zealand.

Scope and format

This request is limited to existing records.

Where full documents are withheld, please provide partial release with redactions where possible.

If information is held in more than one location or agency, please advise accordingly or transfer the request under section 14 of the Act where appropriate.

In good faith

Michael