Swipe card record in relation to the death of Samuel Jacob Fischer

Mr Wild made this Official Information request to New Zealand Police

Response to this request is delayed. By law, New Zealand Police should normally have responded promptly and by (details and exceptions)

From: Mr Wild

Dear New Zealand Police,

I write to you in my role as the Advocate of the late Samuel Jacob Fischer who was a patient of Te Whare o Matairangi (TWoM) psychiatric inpatient facility between January 31st 2015 to the time of his discharge to the Wellington Hosptial's Intensive Care Unit where he died on the 20th April 2015.

I request the following information under the provisions of the Official Information Act 1982:

As referenced in Dr Sergeant Terence Fraser's sworn statement to Coroner Ryan dated 5th April 2017 I request:

"The swipe card recordings which record entries made into Mr Fischer’s room at TWoM"

The information is listed on page 15 of the Coroners Inquest bundle as Exhibit 9 on the Exhibit List. The exhibit has not been released to interested parties.

Numerous requests for the swipe card recordings by counsel for Mrs Copland (mother of the deceased) via counsel for Capital and Coast District Health Board and via the relevant police representatives has to date been not forthcoming.

Further to the above, I request a high resolution copy of the photo of the "graffiti on the back of the door" which Detective Sergeant Fraser referenced as photo evidence in the transcript, page 20 of the Court Hearings Notes of Evidence document number 20190729154427483.

The photo was not included as evidence on the List of Exhibits brought before the court. A photocopy of the photo was provided to interested parties during the hearing, but this was very small in size, and a extremely low resolution copy.

Please provide this information via email or via a USB media stick for collection from Wellington Police Station.

I understand that a decision on a request for information under the Offical Informations Act 1982 should be made within 20 working days of receiving that request.

Yours faithfully,

Mr Jak Wild
Advocate of the deceased
Samuel Jacob Fischer

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New Zealand Police

Mōrena

 

The request below has been received and assigned for response.

 

Ngā mihi

 

Ministerial Services         

-----Mr Wild <[FOI #11045 email]> wrote: -----
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Mr Wild <[FOI #11045 email]>
Date: 24/08/2019 12:18PM
Subject: Official Information request - Swipe card record in relation to
the death of Samuel Jacob Fischer

Dear New Zealand Police,
I write to you in my role as the Advocate of the late Samuel Jacob Fischer
who was a patient of Te Whare o Matairangi (TWoM) psychiatric inpatient
facility between January 31st 2015 to the time of his discharge to the
Wellington Hosptial's Intensive Care Unit where he died on the 20th April
2015.
I request the following information under the provisions of the Official
Information Act 1982:
As referenced in Dr Sergeant Terence Fraser's sworn statement to Coroner
Ryan dated 5th April 2017 I request:
"The swipe card recordings which record entries made into Mr Fischer’s
room at TWoM"
The information is listed on page 15 of the Coroners Inquest bundle as
Exhibit 9 on the Exhibit List. The exhibit has not been released to
interested parties.
Numerous requests for the swipe card recordings by counsel for Mrs Copland
(mother of the deceased) via counsel for Capital and Coast District Health
Board and via the relevant police representatives has to date been not
forthcoming.
Further to the above, I request  a high resolution copy of the photo of
the "graffiti on the back of the door" which Detective Sergeant Fraser
referenced as photo evidence in the transcript, page 20 of the Court
Hearings Notes of Evidence document number 20190729154427483.
The photo was not included as evidence on the List of Exhibits brought
before the court. A photocopy of the photo was provided to interested
parties during the hearing, but this was very small in size, and a
extremely low resolution copy.
Please provide this information via email or via a USB media stick for
collection from Wellington Police Station.
I understand that a decision on a request for information under the
Offical Informations Act 1982 should be made within 20 working days of
receiving that request.
Yours faithfully,
Mr Jak Wild
Advocate of the deceased
Samuel Jacob Fischer
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #11045 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:
[1]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:
[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.

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New Zealand Police

Hi Jak

 

I refer to your email dated 24 August 2019 in which you requested:

 

1.     As referenced in Dr Sergeant Terence Fraser's sworn statement to
Coroner Ryan dated 5th April 2017 I request:

 

"The swipe card recordings which record entries made into Mr Fischer’s
room at TWoM"

 

The information is listed on page 15 of the Coroners Inquest bundle as
Exhibit 9 on the Exhibit List. The exhibit has not been released to
interested parties.

 

2.    A high resolution copy of the photo of the "graffiti on the back of
the door" which Detective Sergeant Fraser referenced as photo evidence in
the transcript, page 20 of the Court Hearings Notes of Evidence document
number 20190729154427483.

 

Police considers that the information you requested is more closely
connected to the functions or activities of the Ministry of Justice’s
Coronial Services Unit.   Accordingly, Police has transferred your request
to the Coronial Services Unit pursuant to section 14(b)(ii) of the
Official Information Act 1982.

 

The Coronial Services Unit will respond to you.

 

Kind regards,

 

                             

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]         

             

----------------------------------------------------------------------------------------------------

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.

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From: Mr Wild

Dear New Zealand Police,

Thank-you for your prompt response

To maintain transparency around the correspondence and outcome of this request appended below is the email to Wellington Coronial Services in which the information is again requested

Jak Wild
Advocate of the Deceased
Samuel Jacob Fischer

Begin forwarded message:

From: Jak Wild <[email address]>
Subject: Re; Request for Information
Date: August 28, 2019 at 13:38:32 GMT+12
To: [email address]

To whom it may concern,

I write to you in my role as the Advocate of the late Samuel Jacob Fischer, whose death is currently before Coroner Ryan in Wellington District Court.

Please review the correspondence detailed in the link below regarding an Official Information Act request for release of information relevant to Mr Fischer’s death.
https://fyi.org.nz/request/11045-swipe-c...

As noted in the linked correspondence Wellington District Police considers that the information I have requested is more closely connected to the functions or activities of the Ministry of Justice’s
Coronial Services Unit. Accordingly, Police transferred my request to the Coronial Services Unit pursuant to section 14(b)(ii) of the Official Information Act 1982.

As the information requested is on hand and readily available, and has been available to counsel represented by the Capital and Coast District Health Board and not interested parties who are not represented by counsel or the DHB, and that this information has previously been requested by a non-DHB interested party on numerous occasions, can there be forthright release of the requested information in the manner detailed in the OIA to New Zealand Police?

Yours sincerely
Jak Wild
Advocate of the Deceased
Samuel Jacob Fischer

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From: Mr Wild

Dear New Zealand Police,

Thank-you for your 27.08.19 response to my OIA in which you informed me that police consider that the information I had requested (i.e.; Swipe Card Records and photographic evidence of graffiti) is more closely connected to the functions or activities of the Ministry of Justice’s Coronial Services Unit.

As recommended in your 27.08.19 communication via this website I contacted the Coronial Services requesting the information.

I received a prompt response from Coronial Services which included the following:
- A Swipe Card Activity Report generated on 12th April 2017 at 6.54am, detailing records of entry into Mr Fischer's bedroom number 12, between 4.59.00pm and 6.01.00pm which included only one single entry by a single RN who was the first to attend to the medical emergency on the 17th April 2015.

- A low resolution photo of the graffiti
- A notification that Coronial Services had been in touch with police regarding the photo, and that "police are attempting to locate a better photograph and this will be provided to you if a copy is available".

Can you please confirm:
1. a) The date in which Detective Sergeant Fraser formally requested the Swipe Card records.
b) The date in which Detective Sergeant Fraser received the Swipe Card Records.
c) Any dates of further requests by Detective Sergeant Fraser for the information other than his first initial request referenced in point 1a above.
d) The time frame that was on the Swipe Card Activity report that Detective Sergeant Fraser received (i.e.; was it 4.59.00pm to 6.01.00 or another timeframe?).
e) What investigations Detective Sergeant Fraser undertook to ascertain why there were not additional entries between 4.59.00 to 6.01.00 other than RN 'LI''s entry at 5.58.35pm as would be expected based on the evidence.

2. a) That Police have been informed of the request from Coronial Services to provide a "better" photograph.
b) That police are attempting to find a better photograph.
c) The expected time frame on when a better (or hi res) copy of the photo of the graffiti in Mr Fischer's room will be made available.

Yours faithfully,

Mr Wild
Advocate of the Deceased
Samuel Jacob Fischer

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New Zealand Police

Dear Mr Wild,
 

I acknowledge receipt of your Official Information Act (OIA) request
below.  Your request is being actioned pursuant to the Act.

 

Kind regards,

Ministerial Services

-----Mr Wild <[FOI #11045 email]> wrote: -----
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Mr Wild <[FOI #11045 email]>
Date: 30/08/2019 01:18PM
Subject: Re: Request for information; our ref IR-01-19-23194

Dear New Zealand Police,
Thank-you for your 27.08.19 response to my OIA in which you informed me
that police consider that the information I had requested (i.e.; Swipe
Card Records and photographic evidence of graffiti) is more closely
connected to the functions or activities of the Ministry of Justice’s
Coronial Services Unit.
As recommended  in your 27.08.19 communication via this website I
contacted the Coronial Services requesting the information.
I received a prompt response from Coronial Services which included the
following:
- A Swipe Card Activity Report generated on 12th April 2017 at 6.54am,
detailing records of entry into Mr Fischer's bedroom number 12,  between
4.59.00pm and 6.01.00pm which included only one single entry by a single
RN who was the first to attend to the medical emergency on the 17th April
2015.
- A low resolution photo of the graffiti
- A notification that Coronial Services had been in touch with police
regarding the photo, and that "police are attempting to locate a better
photograph and this will be provided to you if a copy is available".
Can you please confirm:
1. a) The date in which Detective Sergeant Fraser formally requested the
Swipe Card records.

b)  The date in which Detective Sergeant Fraser received the Swipe Card
Records.
c) Any dates of further requests by Detective Sergeant Fraser for the
information other than his first initial request referenced in point 1a
above.

d) The time frame that was on the Swipe Card Activity report that
Detective Sergeant Fraser received (i.e.; was it 4.59.00pm to 6.01.00 or
another timeframe?).
e) What investigations Detective Sergeant Fraser undertook to ascertain
why there were not additional entries between 4.59.00 to 6.01.00 other
than RN 'LI''s entry at 5.58.35pm as would be expected based on the
evidence.

2. a) That Police have been informed of the request from Coronial Services
to provide a "better" photograph.
b) That police are attempting to find a better photograph.
c) The expected time frame on when a better (or hi res) copy of the photo
of the graffiti in Mr Fischer's room will be made available.

Yours faithfully,
Mr Wild
Advocate of the Deceased
Samuel Jacob Fischer

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New Zealand Police

Hi Mr Wild
 
I refer to your email dated 30/08/19 in which you request confirmation of:
 

1. a) The date in which Detective Sergeant Fraser formally requested the
Swipe Card records.

b) The date in which Detective Sergeant Fraser received the Swipe Card
Records.
c) Any dates of further requests by Detective Sergeant Fraser for the
information other than his first initial request referenced in point 1a
above.

d) The time frame that was on the Swipe Card Activity report that
Detective Sergeant Fraser received (i.e.; was it 4.59.00pm to 6.01.00 or
another timeframe?).
e) What investigations Detective Sergeant Fraser undertook to ascertain
why there were not additional entries between 4.59.00 to 6.01.00 other
than RN 'LI''s entry at 5.58.35pm as would be expected based on the
evidence.

2. a) That Police have been informed of the request from Coronial Services
to provide a "better" photograph.
b ) That police are attempting to find a better photograph.
c) The expected time frame on when a better (or hi res) copy of the photo
of the graffiti in Mr Fischer's room will be made available.
 
Police considers that the information you requested is more closely
connected to the functions or activities of the Ministry of Justice's
Coronial Services Unit.   Accordingly, Police has transferred your request
to the Coronial Services Unit pursuant to section 14(b)(ii) of the
Official Information Act 1982.

 

The Coronial Services Unit will respond to you.
 
I refer to your comment in your email, "As recommended in your 27.08.19
communication via this website I contacted the Coronial Services
requesting the information.".  You were not recommended to contact the
Coronial Services - you were advised that Police has transferred your
request to the Coronial Services Unit and that they will respond to you.
 
Kind regards,  

                             

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]         

             

----------------------------------------------------------------------------------------------------

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.

show quoted sections

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From: Mr Wild

Dear New Zealand Police,

Thank-you for your 05.09.19 response to my 30.08.19 email via this fyi.org.nz webpage in which I requested an amended Official Information Act request for 'Swipe card record in relation to the death of Samuel Jacob Fischer'

For the record, I acknowledge the error I made in my 30.08.19 email via this webpage to NZ Police, as noted in your 05.09.19 communication that I was not "recommended to contact the Coronial Services", I was advised by Police that the Coronial Services Unit would "respond" to me.

In response to being informed on 5.09.19 via this webpage that Police considers that the information I have requested is "more closely connected to the functions or activities of the Ministry of Justice's Coronial Services Unit".

Prior to my being informed this OIA was transferred to the Coronial Services Unit I received via a 3.09.19 email a Minute 10 from Coroner Ryan that gave notice to interested parties attending court that "any other submissions made prior to the conclusion of the inquest will not be received or responded. Samuel's case is one of approximately 180 open cases that I have before me at this time. I do not have the time to spend on perusing submissions and responding to them at this stage of the inquiry".

The purpose of this Official Information Act request was only intended in part to assist the Coronial Inquest into Mr Fischer's death. Coroner Ryan's restrictions around the presentation of evidence via submissions, has resulted in greater urgency to pursue other means of enquiry and investigations by way of evidence that should rightfully be available by disclosure and/or discovery to ALL interested parties.

Can this request for information pursuant to the Official Information Act 1982, be re-considered so as to be released directly from Wellington Police to myself, so as to assist in the preparation of complaints to various state agencies including New Zealand Police.

Yours faithfully,

Mr Wild

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From: Mr Wild

Dear New Zealand Police,

Thank-you for your 12.09.19 response from Senior Constable Heather McGrath
Inquests Officer HME728m to my 30.08.19 email via this fyi.org.nz webpage in which I requested an amended Official Information Act request for 'Swipe card record in relation to the death of Samuel Jacob Fischer'.

The response informed me that Senior Constable McGrath is making enquiries with Detective Sergeant Fraser and will respond once a reply is received.

I will await a response.

Yours faithfully,

Mr Wild

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From: Mr Wild

Dear New Zealand Police,

I am concerned that it is now 20 days since my request for Information and that I am still awaiting a release or a notification otherwise as required under the Official Information Act 1982.

Please forward my concerns to a person of appropriate authority to address this concern.

Yours faithfully,

Mr Wild

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