MINISTRY OF
JUSTICE


LA 04010003



12 January 2004

Katherine Rich MP
PARLIAMENT BUILDINGS


Dear Ms Rich

OFFICIAL INFORMATION REQUEST - CHRISTCHURCH CIVIC CRECHE CASE

I refer to your letter of 23 June 2003 requesting information under the Official Information Act 1982 relating to Mr Peter Ellis and the Christchurch Civic Creche case.

Following our response to your request you asked the Office of the Ombudsmen to investigate and review our decision to withhold certain information. In particular, you were concerned about our decision to withhold one sentence from "Document C28" (which consisted of a memorandum for Cabinet, a related covering letter and Cabinet Policy Committee decision from March 2000 and Ministry of Justice advice to the Minister of Justice on the issues dated 1 March 2000).

We have corresponded with the Office of the Ombudsmen on this issue and have now decided to release the information in question to you. A complete copy of page 5 of the Ministry advice to the Minister (from which the information in question was withheld) is accordingly enclosed.

It might be helpful if I set out the Ministry's original concerns about the release of the sentence in question. The Ministry withheld this information due to concerns that because of the particularly free and frank nature of the sentence it might be misconstrued, The sentence in question was intended to convey in a very dear manner the limitations that arise from the nature of the case i.e. the considerable period of time that had passed since the events at the creche took place (particularly in relation to children who were very young at the time) and the polarised views of the people involved. However, given its particularly free and frank nature this bald statement of fact might be interpreted as suggesting that such limitations arise from inquiries of this nature rather than from the specific circumstances of the Ellis case. Accordingly, this sentence should not be taken as meaning anything more than acknowledging the difficulties of reviewing the type of evidence given in a case like this once considerable period of time has past since the events giving rise to the proceedings.

Yours sincerely



Val Sim
Chief Legal Counsel