The Christchurch Civic Crèche Case

Documents Main Index

2001 Documents

This page last updated May 21 2009

8 March 2001  Letter from Minister of Justice to Governor General
The Minister Justice, Phil Goff provides advice to Governor General that Mr Ellis's application for a pardon should be declined

Thomas Eichelbaum

Thomas Eichelbaum Report

2001-0112  Michael Petherick (MOJ) to Thomas Eichelbaum   
new May 21 2009

From                Michael Petherick (MOJ)
To                    Thomas Eichebaum
cc                     Val Sim (MOJ)
Sent                 January 12, 2000 10:11 AM
Subject             ELLIS INQUIRY

Dear Sir Thomas

Requiring participants to sign a deed of confidentiality seems very sensible in the circumstances. Where necessary, we employ a similar approach in dealing with sensitive or high-profile matters that arise in the context of applications for exercise of the Royal prerogative of mercy.

We have, however, generally taken the view that such a deed has no formal legal status. The Crown Law Office concurs with this view. The “moral” force that accompanies such a confidentiality agreement, however, seems enough to warrant its employment in circumstances where recipients of information are not bound by rules of professional confidentiality.

If possible, I would like Val Sim look at your draft letter. She arrives back at the Ministry on Monday. I will make sure that she turns her mind to it immediately on Monday morning, so as not to interfere with the despatch of the experts’ reports.

Is that OK? If not, I can get someone to assist with review in her absence.

Michael Petherick

2001-0112  Thomas Eichelbaum to Michael Petherick (MOJ)   
new May 21 2009

From                Thomas Eichelbaum
To                    Michael Petherick (MOJ)
Sent                 January 12, 2000 9:02 AM
Subject             ELLIS INQUIRY

Dear Michael

I am concerned about the possibility that participants will make the media aware of the contents of the experts’ reports prematurely.

Attached is a draft letter which endeavours to cover confidentiality. What do you think?

I still hope to be ready to despatch the reports on Monday, so a reply today would be appreciated, if you can.

Best regards
Thomas Eichebaum