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
From: C Fuller
Dear New Zealand Police,
Could you please acknowledge the receipt of this request.
Yours faithfully,
C Fuller
From: MAUNDER, Renee
New Zealand Police
Good morning
Your request has been received and assigned to the relevant team for response.
Ngā mihi
Renée
-----Original Message-----
From: [FOI #10981 email] [mailto:[FOI #10981 email]]
Sent: Wednesday, 21 August 2019 7:45 p.m.
To: Ministerial Services <[email address]>
Subject: Re: Official Information request - Road Checkpoint Incident
Dear New Zealand Police,
Could you please acknowledge the receipt of this request.
Yours faithfully,
C Fuller
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[FOI #10981 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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===============================================================
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
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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
-----Original Message-----
From: [FOI #10981 email] [ mailto:fyi-request
[3]-[email address]]
Sent: Wednesday, 14 August 2019 8:06 PM
To: Ministerial Services <[email address]>
Subject: Official Information request - Road Checkpoint Incident
Dear New Zealand Police,
The following video has been brought to my attention: [4]https
[5]://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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This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #10981 email]
Is [7][New Zealand Police request email] the wrong address for Official
Information requests to New Zealand Police? If so, please contact us using
this form:
[8]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:
[9]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://youtu.be/QvJxuNoSKVQ
2. https://youtu.be/QvJxuNoSKVQ
3. mailto:[FOI #10981 email]
4. https://youtu.be/QvJxuNoSKVQ
5. https://youtu.be/QvJxuNoSKVQ
6. mailto:[FOI #10981 email]
7. mailto:[New Zealand Police request email]
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers
hide quoted sections
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
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
-----Original Message-----
From: [FYI request #10981 email] [mailto:fyi-request
[1]-[email address] ]
Sent: Tuesday, 27 August 2019 10:52 p.m.
To: Ministerial Services <[email address]>
Subject: Re: Official Information request - Road Checkpoint Incident (Our
Ref: IR-01-19-22342)
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
-----Original Message-----
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #10981 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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:[FYI request #10981 email]
2. https://fyi.org.nz/help/officers
hide quoted sections
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