Status, Handling, and Disposition of Formal Abatement

OFFICIAL INFORMATION ACT REQUEST

Status, Handling, and Disposition of Formal Abatement

To:

Official Information Act Requests

Ministry of Justice

Email: [email protected]

Cc:

Police Prosecution Service

District Court Registry

Date: 9.01.2026

Subject: Official Information Act Request – Status, Consideration, and Disposition of Formal Abatement

Request under the Official Information Act 1982

Kia ora,

This request is made under the Official Information Act 1982.

I request all information held relating to the receipt, handling, consideration, and procedural status of a formal abatement that was served on the prosecution and placed before the court in the above matter.

A. Receipt and Recording of the Abatement

Please provide copies of:

1. Any record confirming receipt of the abatement, including:

• Date received

• Method of receipt

• Office or person who received it

2. Any court registry entry, file note, or administrative record logging the abatement. Ref; PPN 1685892711

3. Any record showing the abatement was placed before a Judge or judicial officer.

B. Consideration and Response

Please provide copies of:

4. Any judicial direction, minute, endorsement, or ruling addressing the abatement.

5. Any record showing the abatement was:

• Accepted

• Rejected

• Deferred

• Ignored

• Treated as invalid

(including the reasons relied upon)

6. Any document recording a procedural decision as to whether the abatement required response or determination.

C. Prosecution Action

Please provide copies of:

7. Any response, rebuttal, or objection filed by the prosecution in relation to the abatement.

8. Any internal prosecution correspondence or file notes discussing:

• The effect of the abatement

• Whether proceedings could continue

9. Any instruction or advice received by the prosecution regarding how to proceed in light of the abatement.

D. Effect on Proceedings

Please provide copies of:

10. Any record explaining how enforcement action (including fines or deductions) could proceed while the abatement remained unanswered.

11. Any document asserting that the abatement:

• Had no effect, or

• Was overridden administratively, or

• Was not required to be addressed

including the authority relied upon.

E. Current Status

12. Please confirm the current procedural status of the abatement, namely whether it is:

• Pending

• Determined

• Struck out

• Otherwise disposed of

and provide the document evidencing that status.

Clarification Sought

13. Please confirm whether it is the Ministry’s position that administrative enforcement may proceed in circumstances where:

• A Not Guilty plea has been entered, and

• A formal abatement has been served, and

• No judicial response to the abatement exists.

If so, please provide the legal authority relied upon.

If any information is withheld, please specify the precise statutory ground relied upon under the Official Information Act.

This request is made to ensure the accuracy and integrity of the procedural and public record.

Nāku noa, nā