Request of Police policies, procedures and protocols related to investigation of deaths in inpatient Psychiatric facilities

Mr Wild made this Official Information request to New Zealand Police

New Zealand Police did not have the information requested.

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:

All New Zealand Police National and/or Wellington District policies, procedures and protocols specifically related to the investigation of deaths in New Zealand inpatient psychiatric institutions.

Including but not limited to:
1) Collection of evidence at the scene of death.
2) Photographic evidence of the scene of death
3) Protection of evidence at, or related to the scene of death.
4) Collection of statements relevant to the death, including statements that police require of staff, patients, family, professionals and any other person that has information deemed as relevant to the police investigation.
5) Police means of access to, and protection of evidence relevant to the death, including but not limited to:
a) all personal health records of the deceased, including both paper and electronic health records.
b) Staff and patient Swipe Card records.
c) Personal affects of the deceased.
d) Cell phone records of the deceased.
6) Moving of the deceased
7) Presentation of the evidence to coronial inquiries
8) Release of evidence to interested parties during coronial inquiries

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

Dear Mr Wild,

 

I acknowledge receipt of your Official Information Act request below.  The
request is being actioned pursuant to the Act.

 

Kind regards,

Ministerial Services

-----Mr Wild <[FYI request #11077 email]> wrote: -----
To: OIA/LGOIMA requests at New Zealand Police
<[New Zealand Police request email]>
From: Mr Wild <[FYI request #11077 email]>
Date: 29/08/2019 10:50AM
Subject: Official Information request - Request of Police policies,
procedures and protocols related to investigation of deaths in inpatient
Psychiatric facilities

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:
All New Zealand Police National and/or Wellington District policies,
procedures and protocols specifically related to the investigation of
deaths in New Zealand inpatient psychiatric institutions.
Including but not limited to:
1) Collection of evidence at the scene of death.
2) Photographic evidence of the scene of death
3) Protection of evidence at, or related to the scene of death.
4) Collection of statements relevant to the death, including statements
that police require of staff, patients, family, professionals and any
other person that has information deemed as relevant to the police
investigation.
5)  Police means of access to, and protection of evidence relevant to the
death, including but not limited to:

a) all personal health records of the deceased, including both paper and
electronic health records.
b) Staff and patient Swipe Card records.
c) Personal affects of the deceased.
d) Cell phone records of the deceased.

6) Moving of the deceased
7) Presentation of the evidence to coronial inquiries
8) Release of evidence to interested parties during coronial inquiries
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:
[FYI request #11077 email]
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page.

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New Zealand Police

Dear Mr Wild

 

I have been asked to let you know that Police requires anextension of time
in which to respond to your request for:

 

“I write to you in my roleas 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: All New Zealand Police National and/or
Wellington District policies, procedures and protocolsspecifically related
to the investigation of deaths in New Zealand inpatient psychiatric
institutions. Including but not limited to: 1) Collection of evidence at
the scene of death. 2) Photographic evidence of the scene of death 3)
Protection of evidence at, or related to the scene of death. 4) Collection
of statements relevant to the death, including statements that police
require of staff, patients, family, professionals and any other person
that has information deemed as relevant to the police investigation. 5)
Police means of access to, and protection of evidence relevant to the
death, including but not limited to: a) all personal health records of the
deceased, including both paper and electronic health records. b) Staff and
patient Swipe Card records. c) Personal affects of the deceased. d) Cell
phone records of the deceased. 6) Moving of the deceased 7) Presentation
of the evidence to coronial inquiries 8) Release of evidence to interested
parties during coronial inquiries.”

 

This extension is pursuant to section 15A(1) of the OfficialInformation
Act 1982, because the request necessitates a search through a large
quantity of information and consultations such that a proper response to
the request cannot reasonably be made within the original time limit.

                                                                                           

Police require until 07 November 2019 to provide asubstantive response to
your request. 

 

You have the right to ask the Office of theOmbudsman to review this
extension.

 

 

Kind  regards

Ministerial Services

Police National Headquarters

===============================================================

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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From: Mr Wild

Dear New Zealand Police,

Today, I have raised a complaint via the Independent Police Conduct Authority.

Specific to this OIA request the multi-factorial complaint asked the IPCA for an immediate review on whether the extension Police have requested (in total 49 days to release the requested information) is 'reasonable' based on factors of:
1) personal distress it is causing to a person impacted on by a sudden and unexpected death
2) the circumstances regarding the standard operational procedures of the scene examination and investigation of that death
3) Police obligations pursuant to the Official Information Act 1981.

Yours faithfully,

Mr Wild

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From: HARRINGTON, Lisa
New Zealand Police

Dear Mr Wild

 

Please provide me with a contact phone number so as I can discuss your
request with you.

 

Regards

 

Lisa Harrington

Detective Sergeant

NZ Police

 

 

 

===============================================================

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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From: Mr Wild

Dear HARRINGTON, Lisa,

I am available to take your call now if it is convenient for you

021 888 996

Yours sincerely,

Mr Wild

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From: Mr Wild

Dear HARRINGTON, Lisa,

Thanks you for you phone call.

As discussed I hereby confirm this OIA request is for NZ police operational policies and procedures in general and not information specific to the investigation into Mr Samuel Jacob Fischer.

Yours sincerely,

Mr Wild

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From: HARRINGTON, Lisa
New Zealand Police

Dear Mr Wild

Thank you for the clarification.

Kind regards

Lisa Harrington

Lisa Harrington
Detective Sergeant | Missing Persons Unit
National Criminal Investigation Group
Police National Headquarters | PO Box 3017, Wellington

M  (+64) 21 1922049
E  [email address]
 

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New Zealand Police


Attachment Wild Jak IR 01 19 23708 OIA Response Letter.pdf
161K Download View as HTML


Dear Mr Wild
 
Please find attached the NZ Police response to your Official information
Act request. 
Kind regards
Ministerial Services
PNHQ

===============================================================

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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Mr Wild left an annotation ()

The denial of this request was refused on the basis of semantics on what is deemed policy and procedures 'specific' to scene of death investigation of inpatient psychiatric units.

A good faith release would have been the release of the policies and procedures of scene investigations in general as psychiatric institutions fit into these obligations

A new OIA request will be submitted requesting general policy and procedures related to scene of death investigations

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Things to do with this request

Anyone:
New Zealand Police only: