9 September 2019
Ross Francis
[FYI request #10591 email]
Dear Ross,
Official Information Act request - IR-01-19-24433
Thank you for your information request of 23 June 2019. You requested:
On 20 July 2005, Sean Buckley – using his Police email account –
emailed then-leader of the National Party Don Brash. Mr Buckley’s
communication was in relation to Brash’s commitment, if elected, to
establish a Commission of Inquiry into the Peter Ellis case. “In my time
in the Police”, Mr Buckley wrote, “I have arrested many people for
offending of the nature of Mr Ellis and interestingly all stated that they
were innocent as is usually the case with people who cannot face up to
the horrific crimes they have committed.” He added that he hoped
Brash had “perused the investigation file” and that “[i]t would be nice for
someone in politics [to] finally stand up and put a stop to the Ellis case”.
To promote greater public participation in the decision-making process,
please provide me with a copy Mr Buckley's email and a copy of the
investigation file referred to above. What was Mr Buckley’s job title in
July 2005? According to Police, what are the causes of wrongful
convictions?
Your request has been considered in accordance with the Official
Information Act 1982. Please find Police’s response to each part of your
request below.
1. A copy of the email that Sean Buckley sent to Don Brash (Then the
leader of the National Party) in 2005.
- This email cannot be located. Due to the age of the emails the IT
Technical team have been unable to locate a copy of Mr Buckley’s
email in the archive. This is declined under section 18(e): the
document alleged to contain the information requested does not exist
or, despite reasonable efforts to locate it, cannot be found.
2. A copy of the investigation file referred to in the above email.
Christchurch Police Station
40 Lichfield Street, Christchurch
Telephone: 03 363 7400 www.police.govt.nz
- We believe “the investigation file” refers to the Civic Creche case
investigation file. As this is the subject of a Supreme Court appeal, this
request is declined under section 6(c): the making available of the
information would be likely to prejudice the maintenance of the law,
including the prevention, investigation, and detection of offences, and
the right to a fair trial.
3. What was Mr Buckley’s job title in July 2005?
- Sean Buckley’s job title in July 2005 was ‘Detective’.
4. According to Police, what are the cause of wrongful convictions?
- This is a request for an opinion to be formed. An agency is not obliged
to form an opinion or create information to answer an Official
Information Act request. This is declined under section 18(g): the
information requested is not held by the department or Minister of the
Crown or organisation and the person dealing with the request has no
grounds for believing that the information is either—held by another
department or Minister of the Crown or organisation, or by a local
authority; or connected more closely with the functions of another
department or Minister of the Crown or organisation or of a local
authority.
You have the right to ask the Ombudsman to review our decision if you are
not satisfied with Police’s response to your request. You can find more
information here http://www.ombudsman.parliament.nz/make-a-
complaint/complaining-about-access-to-official-information-
551307291224432.
Yours sincerely,
Rachel Milne
Rachel Milne
Canterbury OIA Team Leader
New Zealand Police
Christchurch Police Station
40 Lichfield Street, Christchurch
Telephone: 03 363 7400 www.police.govt.nz