Printed from https://fyi.org.nz/request/10981-road-checkpoint-incident on November 22, 2024 06:03

Road Checkpoint Incident

C Fuller made this Official Information request to New Zealand Police

The request was refused by New Zealand Police.

From: C Fuller

Dear New Zealand Police,

The following video has been brought to my attention: https://youtu.be/QvJxuNoSKVQ

This video appears to have been taken at a a road checkpoint. The driver and creator of this video claims to be John Alan Williams, with the officer involved being Sergeant David Mead. During this video, the driver fails to obey the instructions of the officers at the checkpoint and has his window broken in the process.

In the comments of the video, the creator of the video goes on to state that they have been charged in relation to the incident. There is also suggestion of a civil case.

I therefore request the following information:
1. Please provide all information held in relation to this occurrence.
2. Provide the CRN number for any charges that relate to the occurrence.

While individuals that have interactions with Police do have a right to privacy, I would submit that in this case, any right to privacy is outweighed by the public interest. The individual involved has posted the interaction onto the internet of his own volition, for the world to see. The individual has also disclosed that they are subject of criminal proceedings in the comments below the video and has posted copies of correspondence between himself and Police regarding the matter. Given that this information has already been published by the individual, I would submit that they have a reduced expectation of privacy. Further, if this matter has been heard in an open courtroom, this information has already been heard in a public forum, further reducing any expectation of privacy from the individual.
Furthermore, as the individual has suggested that the Police involved acted unlawfully, this increases the public interest in the information being released.
Should this matter still be before the courts, I still wish for the CRN number of any charges to be disclosed, given that this would not in any way prejudice these proceedings.

For the purposes of the Official Information Act 1982, I confirm that I am a citizen of New Zealand and therefore eligible to make this request.

Yours faithfully,

C Fuller

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From: C Fuller

Dear New Zealand Police,

Could you please acknowledge the receipt of this request.

Yours faithfully,

C Fuller

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From: MAUNDER, Renee
New Zealand Police

Good morning

Your request has been received and assigned to the relevant team for response.

Ngā mihi

Renée

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New Zealand Police

Dear Mr/Ms C Fuller,

 

Request for information - IR-01-19-22342

 

Thank you for your information request made on 14th Aug, requesting
information relating to a road checkpoint point.  You also provided a
video link via [1]https [2]://youtu.be/QvJxuNoSKVQ  

 

You stated:

 
“This video appears to have been taken at a road checkpoint. The driver
and creator of this video claims to be John Alan Williams, with the
officer involved being Sergeant David Mead. During this video, the driver
fails to obey the instructions of the officers at the checkpoint and has
his window broken in the process.

 
In the comments of the video, the creator of the video goes on to state
that they have been charged in relation to the incident. There is also
suggestion of a civil case.
 

I therefore request the following information:

1. Please provide all information held in relation to this occurrence.

2. Provide the CRN number for any charges that relate to the occurrence.”

Your request has been considered in accordance with the Official
Information Act 1982 and your request has been declined for the following
reasons:

 

•             S9(2)(a) - Protect privacy of natural person

•             S6(c) - To prejudice the maintenance of the law, including
the prevention, investigation, and detection of offences and the right to
a fair trial

•             S18(d) - that the information requested is publicly
available

 

Police considers the interest requiring protection by withholding the
information is not outweighed by any public interest in release of the
information.

 

If you have any questions, you may contact me by replying to this email.

 

You have the right to ask the Ombudsman to review my decision, if you are
not satisfied with Police’s response to your request.

 

Yours sincerely

 

Elsa Wu

 

Case Management Support

Auckland City Police DHQ 

 

 

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From: C Fuller

Kia ora Elsa,

Thanks for the prompt reply.
Could you please confirm your refusal of the CRN numbers of any charges that relate to the incident and the corresponding reason for refusal? I would suggest that providing the CRN number(s) would neither prejudice justice, nor personal privacy given that it does not further compromise the personal privacy of the individual further than he has done so himself.

Could you also please clarify which information is already publicly available.

Kind Regards,

C Fuller

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New Zealand Police

Dear Mr/Ms C Fuller,
 
Thank you for your email.
 
I can confirm that Police has charged the individual concerned in relation
to the incident.  However, CRN number is private to the person to whom it
relates.  Thus, your request for the CRN number(s) is refused pursuant to
S9(2)(a).
The video footage via the link provided in your request is  apparently
publicly available , as your previous email implies that you have seen
it.  Thus, S18(d) is applied as a declining ground to the relevant part of
your request.
The rest of your request is declined pursuant to S6(C), as the case is
currently a matter ongoing before the court.
 
Police is unable to help with your request any further.
 
Should you disagree with the above, you have a right of complaint to the
Ombudsman. 
 
Thank you. 
 
Elsa Wu
 
Case Management Support 
Auckland City Police DHQ
 
 
 

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