Tēnā koutou,

I am awaiting the publication of the annual TOR report covering 2018.

In previous correspondence (reference IR-01-18-16744) I was told in December 2018 that "The annual [TOR] report covering 2018 will likely be published by April 2019". Then, in February, I was told "The annual report covering 2018 will likely be published mid-2019". More recently, at the end of July (reference IR-01-19-1956), I was told “The current anticipated release date for the TOR report is August 2019”.

However, August has now ended and as far as I have been able to tell the 2018 TOR report has not yet been published.

Could you please let me know the following:

1. When the annual TOR report covering 2018 is currently anticipated to be published.
2. The reasons why the publication of this report has been delayed from August 2019.

Ngā mihi,
Mark Hanna

Tēnā koe,

Thank you for your acknowledgement of my request. I hope I won't have to wait a full 20 working days (or 36 working days, as was the case with my previous request about when this report was expected to be published) to be told when the report is currently expected to be published.

Part 1 of my request is a very straightforward question, and I expect it would be reasonably practicable for it to be answered in less than a week. I would be quite happy to receive an answer to part 1 of my request before receiving an answer to part 2, if it would take longer for an answer to part 2 to be prepared.

Ngā mihi,
Mark Hanna

Tēnā koe,

I am still awaiting a response to my request on 2019-09-02, regarding when the annual TOR report covering 2018 is expected to be published, and why it has been delayed.

As explained in my request, I was told in July that this report was anticipated to be published in August. We are now most of the way through September, and it has not yet been published. Given NZ Police received my most recent request over two weeks ago, I don’t understand why I have not yet received a response to part 1 of my request.

As I told NZ Police on 2019-09-03, I expect it would be reasonably practicable for part 1 of my request to be answered in less than a week.

Almost without exception, NZ Police have taken longer than legally allowable under the OIA to respond to my requests over the past 14 months. Please let me know how much longer I should expect to wait to receive an answer to part 1 of my request.

Ngā mihi,
Mark Hanna

Tēnā koe,

It has now been 21 working days since NZ Police received my request for information regarding the delay in the publication of the annual TOR report covering 2018.

I understand that NZ Police has adopted an unlawful practice of neither responding to many requests for official information within the legislated timeframe, nor extending those requests under section 15A of the Official Information Act. I understand the reason that NZ Police does not send notices of extension when they are aware that they will not respond to a request within the legal timeframe is that NZ Police understands it does not have a legal basis for extending requests such as this.

In July, NZ Police defended pulling staff away from activities in order to take part in suppressing protests at Ihumātao by saying “This is not a situation that Police wants to find itself in, however we have a duty to uphold the law.” (https://www.police.govt.nz/news/release/...)

I am certain that being unable to fulfil its legal obligations for transparency is also not a situation that Police wants to find itself in. However, the duty to uphold the law remains the same. It is extremely disappointing and frustrating that NZ Police, as an organisation, has chosen not to allocate sufficient resources to meet these legal obligations.

It is also frustrating that Police has chosen not to keep requestors such as myself informed of progress in cases where they are aware that they will be breaking the law in this way. Almost two weeks ago, anticipating that this was a likely outcome, I asked NZ Police to “Please let me know how much longer I should expect to wait to receive an answer to part 1 of my request”, but I have received no response to either this or to my earlier follow-up message regarding this request.

Police enjoys a lack of oversight regarding its transparency practices, due to the Independent Police Conduct Authority Act removing Police from the oversight of the Ombudsman, except in cases of complaints made under section 28 of the Official Information Act. I hope this lack of oversight and accountability has not factored into the decisions to adopt these unlawful practices.

I will be laying a complaint with the Office of the Ombudsman today. Please respond to my request immediately.

Nāku, nā,
Mark Hanna