Requesting case files
Hugh Davenport made this Official Information request to New Zealand Police
The request was successful.
From: Hugh Davenport
Dear New Zealand Police,
Given you seem to be ignoring my other request (https://fyi.org.nz/request/10093-request...), then please find a new request here.
I would like to request the following case summaries:
190317/2019 (please note, I've been told this isn't a valid number, but this was the number provided to me by Barry Billows of NZ Police at https://fyi.org.nz/request/9856-requesti.... I would like the file relating to the case I asked about in that request, which is below for your ease).
190213/6528
If any of these case files are likely to be refused under Section 6(c) due to being "still under investigation", then I would like to request the dates of all correspondence on that file. If the correspondence is simply me requesting the file, please ignore that. The purpose of this request is to determine when the Police were actually last "investigating" this. If there is no recent dates of correspondence on this file, I would like it to be requested in full, and not refused due to being "under investigation", as if there are no recent entries, it is not under investigation, the Police have simply chosen not to bother to pursue it. Note that I asked this on April 30th, 2019 (https://fyi.org.nz/request/10093-request...), and have had no response.
The first case was about a bus running a red light. I filed in over two months ago. I would expect that this is no longer "under active investigation", but given the Police's track record, I would not be surprised if it is...
The details are:
Vehicle: Metlink bus route 52
Location: Willis St by Chews Lane
Date: 25 Jan 2019
Time: 9:41am
This was reported by myself, at around 2:30pm 14th March 2019 at Wellington Central Station.
For the file 190213/6528, I am interested why this was released to me (with only one entry) under the Privacy Act (on 12th Mar 2019), yet ever since it has been refused under the OIA (s6(c)). Have there been any entries on this since 5th Feb 2019, or even since 12th Mar 2019? If not, why has this been repeatably refused under the OIA as "under investigation" when no entries are added to the "investigation".
I would further like to "suggest" that if any of the responses I've referenced under the OIA have not been accurate, that the NZ Police investigate internally why inaccurate OIA responses are being sent out, and make efforts to improve your OIA response procedures so that responses are accurate, and timely. Specifically, Barry Billow's response on https://fyi.org.nz/request/9856-requesti... providing an inaccurate file number in the response, and Barry Billow's repeated responses on file 190213/6528 refusing under s6(c) yet Barry Billow's was perfectly happy to release that file under the Privacy Act.
If it is the case that these files will be refused under s6(c) of the OIA, but not under the Privacy Act, then please treat this as a Privacy Act request. I am the reporter of both cases. If this results in the files being given to me, I would like to request why they are so secret that they would be refused under the OIA, but not under the Privacy Act.
Yours faithfully,
Hugh Davenport
New Zealand Police
Dear Hugh
Request for Information
I refer to your correspondence dated 21/05/2019 in which you requested I
would like to request the following case summaries:
190317/2019 (please note, I've been told this isn't a valid number, but
this was the number provided to me by Barry Billows of NZ Police at
[1]https://fyi.org.nz/request/9856-requesti...
. I would like the file relating to the case I asked about in that
request, which is below for your ease).
190213/6528
If any of these case files are likely to be refused under Section 6(c) due
to being "still under investigation", then I would like to request the
dates of all correspondence on that file. If the correspondence is simply
me requesting the file, please ignore that. The purpose of this request is
to determine when the Police were actually last "investigating" this. If
there is no recent dates of correspondence on this file, I would like it
to be requested in full, and not refused due to being "under
investigation", as if there are no recent entries, it is not under
investigation, the Police have simply chosen not to bother to pursue it.
Note that I asked this on April 30th, 2019 (
[2]https://fyi.org.nz/request/10093-request...
), and have had no response.
The first case was about a bus running a red light. I filed in over two
months ago. I would expect that this is no longer "under active
investigation", but given the Police's track record, I would not be
surprised if it is...
The details are:
Vehicle: Metlink bus route 52
Location: Willis St by Chews Lane
Date: 25 Jan 2019
Time: 9:41am
This was reported by myself, at around 2:30pm 14th March 2019 at
Wellington Central Station.
I have considered your request in accordance with the Official Information
Act 1982. I enclose a copy of some of the requested information. Some
information has been withheld pursuant to sections:
* Section 6(c) to avoid prejudice of the maintenance of the law,
including the prevention, investigation and detection of offences, and
the right to a fair trial;
* Section 9(2)(a) to protect the privacy of natural persons, including
that of deceased natural persons.
If you are not satisfied with my response to your request you have the
right to complain to the Office of the Ombudsman and seek an investigation
and review of my decision.
Yours sincerely
SBI518
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[3][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
References
Visible links
1. https://fyi.org.nz/request/9856-requesti...
2. https://fyi.org.nz/request/10093-request...
3. mailto:[email address]
hide quoted sections
From: Hugh Davenport
Dear New Zealand Police,
Could I please get a non redacted version of this, with the timeline. I'm unsure whether you have redacted this due to s6(c) or s9(2)(a) as you mentioned both in your email, yet don't specify which in the redacted document. I find it interesting it is redacted as you have provided these many times in the past. A list of files I have received without these redactions are:
- 181220/9219 - requested Dec 20 2018, provided to me on Feb 7 2019.
- 190220/1431 - requested Apr 12 2019, provided to me on Apr 30 2019
- 181206/3018 - requested Feb 11 2019, provided to me on Feb 12 2019
- 181011/0350 - requested Oct 9 2019, provided to me on Oct 24 2019
- 170729/1736 - requested Nov 7 2019, provided to me on Nov 8 2019
- 181027/0403 - requested Dec 12 2019, provided to me on Dec 12 2019
- 181011/0350 - requested Oct 31 2019, provided to me on Nov 6 2019
As you could probably guess, I'm a bit confused why it was redacted in this case. Has some Police policy in handling of OIA requests changed recently?
In addition, if it was due to being refused under s6(c), I specifically asked for a timeline in that case ("If any of these case files are likely to be refused under Section 6(c) due to being "still under investigation", then I would like to request the dates of all correspondence on that file."). I would have expected this to be provided under the OIA, even if you just redact the officer ID, that would be fine. I am highly confused how knowing the date and time an entry was made could possibly prejudice the maintenaince of the law.
My purpose is to determine what action was taken and when, and whether Police acted legally when they refused this request multiple times in the past under s6(c).
If you are unsure what I am meaning is being redacted, the text would be similar to "Created by XXXX00 DD/MM/YYYY HH:MM" which shows who made the update, and when. I am not interested in any personal information, which is fine to redact under s(9)(2)(a).
The above should be treated as the original request, and I would like the information released by COB today.
Yours faithfully,
Hugh Davenport
From: Hugh Davenport
Dear New Zealand Police,
Any response on this?
Yours faithfully,
Hugh Davenport
New Zealand Police
Good afternoon
I have passed your emails on to the team who prepared the initial
responses for their response.
Nga mihi
Renee
-----Hugh Davenport <[FYI request #10352 email]>
wrote: -----
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Hugh Davenport <[FYI request #10352 email]>
Date: 31/05/2019 02:45PM
Subject: Re: Official Information request - Requesting case files
Dear New Zealand Police,
Any response on this?
Yours faithfully,
Hugh Davenport
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #10352 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[1]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.
-------------------------------------------------------------------
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
References
Visible links
1. https://fyi.org.nz/help/officers
hide quoted sections
New Zealand Police
Good morning,
as per your below email, the previously released information has been
reviewed. Please find a full un-redaction version of the Case Summary
Report for files 190317/7957 and 190213/6528.
Regards
Perry Dinnan
Sergeant G578
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011|DX: SX11220
DDI: 04 381 2000
[1][email address]
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Hugh Davenport <[FYI request #10352 email]>
Date: 30/05/2019 01:47PM
Subject: Re: IR-02-19-2975
Dear New Zealand Police,
Could I please get a non redacted version of this, with the timeline. I'm
unsure whether you have redacted this due to s6(c) or s9(2)(a) as you
mentioned both in your email, yet don't specify which in the redacted
document. I find it interesting it is redacted as you have provided these
many times in the past. A list of files I have received without these
redactions are:
- 181220/9219 - requested Dec 20 2018, provided to me on Feb 7 2019.
- 190220/1431 - requested Apr 12 2019, provided to me on Apr 30 2019
- 181206/3018 - requested Feb 11 2019, provided to me on Feb 12 2019
- 181011/0350 - requested Oct 9 2019, provided to me on Oct 24 2019
- 170729/1736 - requested Nov 7 2019, provided to me on Nov 8 2019
- 181027/0403 - requested Dec 12 2019, provided to me on Dec 12 2019
- 181011/0350 - requested Oct 31 2019, provided to me on Nov 6 2019
As you could probably guess, I'm a bit confused why it was redacted in
this case. Has some Police policy in handling of OIA requests changed
recently?
In addition, if it was due to being refused under s6(c), I specifically
asked for a timeline in that case ("If any of these case files are likely
to be refused under Section 6(c) due to being "still under investigation",
then I would like to request the dates of all correspondence on that
file."). I would have expected this to be provided under the OIA, even if
you just redact the officer ID, that would be fine. I am highly confused
how knowing the date and time an entry was made could possibly prejudice
the maintenaince of the law.
My purpose is to determine what action was taken and when, and whether
Police acted legally when they refused this request multiple times in the
past under s6(c).
If you are unsure what I am meaning is being redacted, the text would be
similar to "Created by XXXX00 DD/MM/YYYY HH:MM" which shows who made the
update, and when. I am not interested in any personal information, which
is fine to redact under s(9)(2)(a).
The above should be treated as the original request, and I would like the
information released by COB today.
Yours faithfully,
Hugh Davenport
-----Original Message-----
Dear Hugh
Request for Information
I refer to your correspondence dated 21/05/2019 in which you requested I
would like to request the following case summaries:
190317/2019 (please note, I've been told this isn't a valid number, but
this was the number provided to me by Barry Billows of NZ Police at
[1] [2]
https://fyi.org.nz/request/9856-requesti...
. I would like the file relating to the case I asked about in that
request, which is below for your ease).
190213/6528
If any of these case files are likely to be refused under Section 6(c)
due
to being "still under investigation", then I would like to request the
dates of all correspondence on that file. If the correspondence is
simply
me requesting the file, please ignore that. The purpose of this
request is
to determine when the Police were actually last "investigating" this.
If
there is no recent dates of correspondence on this file, I would like
it
to be requested in full, and not refused due to being "under
investigation", as if there are no recent entries, it is not under
investigation, the Police have simply chosen not to bother to pursue it.
Note that I asked this on April 30th, 2019 (
[2] [3]
https://fyi.org.nz/request/10093-request...
), and have had no response.
The first case was about a bus running a red light. I filed in over two
months ago. I would expect that this is no longer "under active
investigation", but given the Police's track record, I would not be
surprised if it is...
The details are:
Vehicle: Metlink bus route 52
Location: Willis St by Chews Lane
Date: 25 Jan 2019
Time: 9:41am
This was reported by myself, at around 2:30pm 14th March 2019 at
Wellington Central Station.
I have considered your request in accordance with the Official
Information
Act 1982. I enclose a copy of some of the requested information.
Some
information has been withheld pursuant to sections:
* Section 6(c) to avoid prejudice of the maintenance of the law,
including the prevention, investigation and detection of offences, and
the right to a fair trial;
* Section 9(2)(a) to protect the privacy of natural persons, including
that of deceased natural persons.
If you are not satisfied with my response to your request you have the
right to complain to the Office of the Ombudsman and seek an
investigation
and review of my
decision.
Yours
sincerely
SBI518
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[3][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to
speak
with Police about your case, please have your case file number ready.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #10352 email]
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.
-------------------------------------------------------------------
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
References
Visible links
1. mailto:[email address]
2. https://fyi.org.nz/request/9856-requesti...
3. https://fyi.org.nz/request/10093-request...
4. https://fyi.org.nz/help/officers
hide quoted sections
From: Hugh Davenport
Dear New Zealand Police,
Thank you, would be good if this quality assurance is done prior to release of information in the future. Would save time on all parties involved, and more closely follow the spirit of the OIA.
Yours faithfully,
Hugh Davenport
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