OIA Authorisation and Training of the National Manager Response and Operations

Andrew Ecclestone made this Official Information request to New Zealand Police

The request was partially successful.

From: Andrew Ecclestone

Dear New Zealand Police,

I am writing to make an OIA request about something I noticed in your response to this OIA request: https://fyi.org.nz/request/10536-use-of-...

On the page that is numbered '8 of 24' (but which is page 5 of this PDF https://fyi.org.nz/request/10536/respons... ) it states:

"Data and information requests on Police use of force
All internal and external requests for data or information on Police use of force, e.g., Tactical Options Reporting (TOR) data, TOR forms, use of force policies, TASERcam footage, TASER medical reports, must be referred to the National Manager: Response and Operations upon receipt, for reply. This includes requests made under the Official Information Act 1982, and Privacy Act 1993.
Data or information on Police use of force must not be externally released without the permission of the National Manager: Response and Operations."

Please could you provide me with the following information:

(1) A copy of the document, email, or other form of information in which the Commissioner authorises the National Manager: Response and Operations to make these decisions under the OIA;

(2) Details of all training on the OIA and Privacy Act that the National Manager: Response and Operations has participated in;

(3) A copy of all the training materials used in the training on the OIA and Privacy Act that the National Manager: Response and Operations has participated in;

(4) Information on who else within the Police the National Manager: Response and Operations may contact if seeking advice on how to respond to an OIA or Privacy Act request; and

(5) The number of (a) OIA and (b) Privacy Act requests the National Manager: Response and Operations has signed out in each of the last 3 years (whether calendar or financial years).

Pursuant to section 16 of the OIA, my preferred method of receiving this information is as electronic attachments to an email sent to the address from which the Police received this request. Also pursuant to section 16 of the OIA I request that the attachments are searchable, not image-only (rasterised) PDF documents, and that they are not watermarked with ‘Released under the OIA’ or similar text, as the law does not require the Police to do this.

Under section 19(a)(ii), if the Police decides to withhold any of the requested information I have requested, I further request that it provides me with the grounds in support of any reasons for withholding that it has asserted. I also ask that it list each of the public interest factors favouring disclosure that it has considered when making its decision.

I look forward to hearing from the Police shortly.

Yours faithfully,

Andrew Ecclestone

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New Zealand Police

Dear Andrew

Iacknowledge receipt of your Official Information Act 1982 (OIA) request
for the below information.
Your request is being actioned pursuant to the OIA.

Kind regards

Ministerial Services
Police National Headquarters 

-----Andrew Ecclestone <[FOI #11064 email]>
wrote: -----
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Andrew Ecclestone <[FOI #11064 email]>
Date: 27/08/2019 06:21PM
Subject: Official Information request - OIA Authorisation and Training of
the National Manager Response and Operations

Dear New Zealand Police,
I am writing to make an OIA request about something I noticed in your
response to this OIA request:
[1]https://fyi.org.nz/request/10536-use-of-...
On the page that is numbered '8 of 24' (but which is page 5 of this PDF
[2]https://fyi.org.nz/request/10536/respons...
) it states:
"Data and information requests on Police use of force
All internal and external requests for data or information on Police use
of force, e.g., Tactical Options Reporting (TOR) data, TOR forms, use of
force policies, TASERcam footage, TASER medical reports, must be referred
to the National Manager: Response and Operations upon receipt, for reply.
This includes requests made under the Official Information Act 1982, and
Privacy Act 1993.
Data or information on Police use of force must not be externally released
without the permission of the National Manager: Response and Operations."
Please could you provide me with the following information:
(1) A copy of the document, email, or other form of information in which
the Commissioner authorises the National Manager: Response and Operations
to make these decisions under the OIA;
(2) Details of all training on the OIA and Privacy Act that the National
Manager: Response and Operations has participated in;
(3) A copy of all the training materials used in the training on the OIA
and Privacy Act that the National Manager: Response and Operations has
participated in;
(4) Information on who else within the Police the National Manager:
Response and Operations may contact if seeking advice on how to respond to
an OIA or Privacy Act request; and
(5) The number of (a) OIA and (b) Privacy Act requests the National
Manager: Response and Operations has signed out in each of the last 3
years (whether calendar or financial years).
Pursuant to section 16 of the OIA, my preferred method of receiving this
information is as electronic attachments to an email sent to the address
from which the Police received this request. Also pursuant to section 16
of the OIA I request that the attachments are searchable, not image-only
(rasterised) PDF documents, and that they are not watermarked with
‘Released under the OIA’ or similar text, as the law does not require the
Police to do this.
Under section 19(a)(ii), if the Police decides to withhold any of the
requested information I have requested, I further request that it provides
me with the grounds in support of any reasons for withholding that it has
asserted. I also ask that it list each of the public interest factors
favouring disclosure that it has considered when making its decision.
I look forward to hearing from the Police shortly.
Yours faithfully,
Andrew Ecclestone
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #11064 email]
Is [New Zealand Police request email] the wrong address for Official
Information requests to New Zealand Police? If so, please contact us using
this form:
[3]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

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Mark Hanna left an annotation ()

26 working days unlawfully overdue and counting... Police really don't seem to be taking this request very seriously, do they?

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Mark Hanna left an annotation ()

This request is 41 working days overdue now. Just a few more and you'll have beat my record of Police not replying to a request until it was 43 working days overdue!

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Mark Hanna left an annotation ()

The OIA starts back up today after the summer break. Police's response to this request is now 65 working days overdue.

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Mark Hanna left an annotation ()

Police's response to this request is now 98 working days unlawfully overdue.

I asked them last month to confirm that they had not forgotten about this request, and were working on a response, but it has now been 21 working days since they received that message and I have not had a response to that either.

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Mark Hanna left an annotation ()

This request is now 106 working days overdue. Police have told me I can expect a response this week to my OIA request asking about this one. That request is currently 9 working days overdue.

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Mark Hanna left an annotation ()

I still haven't received any response from Police. My request asking about this one is now 25 working days unlawfully overdue, and this request is now 125 working days unlawfully overdue.

Frankly, I find Police's disrespect for the law to be incredible.

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New Zealand Police


Attachment 01 19 25383 ECCLESTONE FINAL RESPONSE 200420.pdf
1020K Download View as HTML

Attachment 1.FULL RELEASE Introduction to disclosure of information.pdf
171K Download View as HTML

Attachment 2.FULL RELEASE Disclosure under the Official Information Act 1982 OIA.pdf
401K Download View as HTML

Attachment 3.FULL RELEASE Disclosure under the Privacy Act 1993.pdf
285K Download View as HTML

Attachment 4.FULL RELEASE PNHQ GUIDE TO IRT for OIA Requests Redacted.pdf
2.8M Download View as HTML

Attachment 5.FULL RELEASE PNHQ Guide to IRT for Privacy Requests Copy Redacted.pdf
3.0M Download View as HTML


Kia ora Andrew

 

Please find attached the NZ Police response to your request.

 

Our sincere apologies for the delay in sending this to you.

 

Kind regards

Ministerial Services

 

 (See attached file: 01-19-25383 ECCLESTONE FINAL RESPONSE 200420.pdf)
(See attached file: 1. FULL RELEASE Introduction to disclosure of
information.pdf) (See attached file: 2. FULL RELEASE Disclosure under the
Official Information Act 1982 (OIA).pdf) (See attached file: 3. FULL
RELEASE Disclosure under the Privacy Act 1993.pdf) (See attached file: 4.
FULL RELEASE PNHQ GUIDE TO IRT for OIA Requests_Redacted.pdf) (See
attached file: 5. FULL RELEASE PNHQ Guide to IRT for Privacy Requests -
Copy_Redacted.pdf)

===============================================================

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