Good afternoon Mahrukh Sarwar

Thank you for your email dated 13 September 2019.

Customs acknowledges receipt of your email and will treat your request under the Official Information Act 1982, which provides 20 working days for Customs to respond.

Yours sincerely

Correspondence, Reviews and Ministerial Servicing
New Zealand Customs Service

-----Original Message-----
From: Mahrukh Sarwar <[FOI #11218 email]>
Sent: Friday, 13 September 2019 23:50
To: OIA <[email address]>
Subject: Official Information request - Information for the purpose of participating in the Royal Commission inquiry into the attack on Christchurch Mosques.

Dear New Zealand Customs Service,
We request the following information for the purpose of participating in the Royal Commission inquiry into the attack on Christchurch Mosques.

Relevant Operative Mentions:
1. Copies of Customs documents, correspondences and addresses (including but not limited to emails, letters, presentations), for periods A, B, C and D, referring to any of the following terms:
a. Arab / Muslim / Islam / Islamist / Islamicist / Jihadist /
b. Terrorists / Extremists / Radical / Far-right / White supremacy
Training

2. What professional cultural advice or training or resources has Customs requested or received on Islam or Muslims for periods A, B, C and D?

3. Who is Custom’s on-hand cultural advisor/negotiator/facilitator for:
a. On-going strategy
b. Emergency Situations

4. Do all of your staff receive comprehensive cultural intelligence and full competency training and review?

Intelligence Principles
5. What proven intelligence principles is your work based on?

Contact with Mr Tarrant
6. What contact did customs have with Mr Tarrant?

Policy
7. What policies did customs have in respect of extremism?

8. What policies does Customs have in respect of far-right extremism?

9. What other forms of religious extremism do customs have a screening policy and strategy for?

Actions and White Supremacy threats
10. How many white extremists have Customs stopped at their borders over the periods A, B, C and D?

11. How many people have Customs stopped or picked up as sympathisers with Serb-nationalism or Bosnian Genocide?

Consultation with or regarding the Muslim Community
12. How many experts on the Muslim Community or faith have you engaged or consulted over the periods A, B, C and D?

Consultation regarding Far-Right Extremism
13. How many experts on far-right extremism have you engaged or consulted over the periods A, B, C and D?

General Consultation
13. How many experts on other ethnic or religious nationalism or extremism have you engaged or consulted over the periods A, B, C and D?

Diversity
14. What is the ethnic cultural composition over the periods A, B, C and D of your
a. senior management
b. senior operational staff

15. What diverse perspectives have been embraced and resulted in reform of organisational culture that promotes diverse experiences and perspectives?

We request information for the following time periods:
Period A: October 2017 – present
Period B: November 2008 – October 2017
Period C: December 1999 – November 2008 Period D: November 1990 – November 1999

For the requests that ask for information from Periods A, B, C and D please note we do not require that all the information come through at once.
We request in order of this priority: Period A, then B, then C and finally period D.
Word-specific requests: please include variant spellings for these. E.g. For a request pertaining to “Muslim”, please include variants such as “Moslem”.

We appreciate that our requests are extensive. However, they are not disproportionate to the significance of the matters we are engaging in with the Royal Commission.

We look forward to hearing from you soon.

Yours faithfully,

Mahrukh Sarwar

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #11218 email]

Is [Customs request email] the wrong address for Official Information requests to New Zealand Customs Service? If so, please contact us using this form:
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:
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.

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

The information contained in this email message is intended only for the addresses and is not necessarily the official view or communication of the New Zealand Customs Service.

This email may contain information that is confidential or legally privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply from your system; and
(b) do not act on this email in any other way.

hide quoted sections

Good afternoon Mahrukh Sarwar

 

 

The New Zealand Customs Service (Customs) is in the process of preparing
the information you have requested under the Official Information Act
1982.

 

However, it is not possible to complete your request within the original
20 working day timeframe due to the large quantity of information
requested and meeting the original time limit would unreasonably interfere
with the operations of the department, and the consultations necessary to
make a decision on your request are such that a proper response to the
request cannot reasonably be made within the original time limit.
Therefore, Customs is extending the timeframe for a response by an
additional 20 working days (counted from 11 October 2019, which was the
statutory date it was initially due), as provided for in sections
15A(1)(a) and 15A(1)(b) of the Act.

 

The new due date for your request is 11 November 2019. That said, Customs
will provide you with a response as soon as possible.

 

You have the right, by way of complaint to the Office of the Ombudsman
under section 28(3) of the Act, to seek an investigation and review of the
decisions conveyed in this email. 

 

 

Yours sincerely

 

Correspondence, Reviews and Ministerial Servicing

New Zealand Customs Service

 

 

-----Original Message-----
From: Mahrukh Sarwar <[FOI #11218 email]>
Sent: Friday, 13 September 2019 23:50
To: OIA <[email address]>
Subject: Official Information request - Information for the purpose of
participating in the Royal Commission inquiry into the attack on
Christchurch Mosques.

 

Dear New Zealand Customs Service,

We request the following information for the purpose of participating in
the Royal Commission inquiry into the attack on Christchurch Mosques. 

 

Relevant Operative Mentions:

1.            Copies of Customs documents, correspondences and addresses
(including but not limited to emails, letters, presentations), for periods
A, B, C and D, referring to any of the following terms:

a.            Arab / Muslim / Islam / Islamist / Islamicist / Jihadist / 

b.            Terrorists / Extremists / Radical / Far-right / White
supremacy

Training

 

2.            What professional cultural advice or training or resources
has Customs requested or received on Islam or Muslims for periods A, B, C
and D?

 

3.            Who is Custom’s on-hand cultural
advisor/negotiator/facilitator for:

a.            On-going strategy

b.            Emergency Situations

 

4.            Do all of your staff receive comprehensive cultural
intelligence and full competency training and review?

 

Intelligence Principles

5.            What proven intelligence principles is your work based on? 

 

Contact with Mr Tarrant

6.            What contact did customs have with Mr Tarrant?

 

Policy

7.            What policies did customs have in respect of extremism?

 

8.            What policies does Customs have in respect of far-right
extremism?

 

9.            What other forms of religious extremism do customs have a
screening policy and strategy for? 

 

Actions and White Supremacy threats

10.          How many white extremists have Customs stopped at their
borders over the periods A, B, C and D?

 

11.          How many people have Customs stopped or picked up as
sympathisers with Serb-nationalism or Bosnian Genocide?

 

Consultation with or regarding the Muslim Community

12.          How many experts on the Muslim Community or faith have you
engaged or consulted over the periods A, B, C and D?

 

Consultation regarding Far-Right Extremism

13.          How many experts on far-right extremism have you engaged or
consulted over the periods A, B, C and D?

 

General Consultation

13.          How many experts on other ethnic or religious nationalism or
extremism have you engaged or consulted over the periods A, B, C and D?  

 

Diversity

14.          What is the ethnic cultural composition over the periods A,
B, C and D of your

a.            senior management

b.            senior operational staff

 

15.          What diverse perspectives have been embraced and resulted in
reform of organisational culture that promotes diverse experiences and
perspectives?

 

We request information for the following time periods:

Period A: October 2017 – present

Period B: November 2008 – October 2017

Period C: December 1999 – November 2008 Period D: November 1990 – November
1999

 

For the requests that ask for information from Periods A, B, C and D
please note we do not require that all the information come through at
once. 

We request in order of this priority: Period A, then B, then C and finally
period D. 

Word-specific requests: please include variant spellings for these. E.g.
For a request pertaining to “Muslim”, please include variants such as
“Moslem”.

 

We appreciate that our requests are extensive. However, they are not
disproportionate to the significance of the matters we are engaging in
with the Royal Commission.

 

We look forward to hearing from you soon.

 

Yours faithfully,

 

Mahrukh Sarwar

 

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

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[1][FOI #11218 email]

 

Is [2][Customs request email] the wrong address for Official Information
requests to New Zealand Customs Service? If so, please contact us using
this form:

[3]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:

[4]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.

 

 

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

 

The information contained in this email message is intended only for the
addresses and is not necessarily the official view or communication of the
New Zealand Customs Service.

This email may contain information that is confidential or legally
privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.

References

Visible links
1. mailto:[FOI #11218 email]
2. mailto:[Customs request email]
3. https://fyi.org.nz/change_request/new?bo...
4. https://fyi.org.nz/help/officers

hide quoted sections

Good afternoon Mahrukh Sarwar

 

 

Please find attached response to your request for information on 13
September 2019.

 

 

Yours sincerely

 

Correspondence, Reviews and Ministerial Servicing

New Zealand Customs Service

 

 

From: Mahrukh Sarwar <[FYI request #11218 email]>
Sent: Friday, 13 September 2019 23:50
To: OIA <[email address]>
Subject: Official Information request - Information for the purpose of
participating in the Royal Commission inquiry into the attack on
Christchurch Mosques.

 

This message has been archived. [1]View the original item

Dear New Zealand Customs Service,
We request the following information for the purpose of participating in
the Royal Commission inquiry into the attack on Christchurch Mosques.  

Relevant Operative Mentions:
1.    Copies of Customs documents, corr

 

The information contained in this email message is intended only for the
addresses and is not necessarily the official view or communication of the
New Zealand Customs Service.

This email may contain information that is confidential or legally
privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.

References

Visible links
1. http://entvault.customs.govt.nz/enterpri...

Good afternoon Mahrukh Sarwar

 

 

Thank you for your email dated 27 February 2020.

 

Customs acknowledges receipt of your email and will treat your request
under the Official Information Act 1982, which provides 20 working days
for Customs to respond.

 

 

Yours sincerely

 

Correspondence, Reviews and Ministerial Servicing

New Zealand Customs Service

 

 

-----Original Message-----
From: Mahrukh Sarwar <[FYI request #11218 email]>
Sent: Thursday, 27 February 2020 12:21
To: OIA <[email address]>
Subject: RE: Official Information request - Information for the purpose of
participating in the Royal Commission inquiry into the attack on
Christchurch Mosques.

 

Dear Michael Papesch,

 

Thank you for responding to my OIA requests. Please find relevant comments
and clarifications below. Please note that all of the clarifications and
comments below, while arising in the context of individual requests, apply
to all requests as a whole.

 

As a general question, we ask how Customs’ distinguishes information they
would rather not disclose for public relation reasons (both domestically
and through foreign relations) from the reasons you provided. We have
noted that in several instances, information has been refused or partially
answered without any compilation, disclosure or analysis of the
information and without providing details for why information is
theoretically prejudicial. Under section 19(a)(ii) of the Official
Information Act, we are entitled to ask for the grounds in support of the
reason for refusal. The High Court has stated that the test in section
6(a) requires evidence (Kelsey v Minister of Trade [2016] 2 NZLR).

 

You claim that some of our requests are unclear. Please refer to responses
we have received from NZSIS, GCSB, NZDF and DPMC. These agencies show a
thorough understanding of our requests.

 

Question One

Premature refusal

The information requested for has been withheld under s18(f) of the
Official Information Act. Under sections 18A and 18B of the Official
Information Act (OIA), you were required to consider whether the reason
for refusal can be removed by either consulting us, fixing a charge or
extending the time period for a response. Failing to follow the steps in
sections 18A and 18B of the Act was held by the High Court as unlawful
(Kelsey v Minister of Trade [2016] 2 NZLR).

 

Ideally, you could have fixed a charge if you are to believe that
collation of requesting documents is substantial.

 

This also indicates that you have not made any effort to make this
information available, despite the avenues set by Parliament which attempt
at ensuring agencies engage with requests before refusal under section
18(f).

 

Contextual significance

The question asked is contextually significant to legal and other
processes in response to the Christchurch attacks, and will be useful for
future prevention and research. We note the context of this request would
appear to outweigh even substantial inconvenience to Customs in the
collation process. The context is highlighted by the historical
significance of the Christchurch events, demanding the need for a
comprehensive investigation which the Royal Commission and other civil
society organisations are undertaking. Customs is a primary agency in this
regard and we would have expected that several months after the attacks
the priority of this issue would by now be self-evident.

 

Timely collation

We acknowledge that the number of documents is significant, but we note
that this is not an individual case. Rather, it is a case of national
importance and this should be evident to you.

 

We allow Customs consideration of any reasonable consequences to the
extent of this request, such as focussing on the order of priority, and/or
prioritising certain searches. In other words, you can decide which
searches you consider inconvenient to take on first as per Customs
operation processes or resource use etc. However, we request this is made
available as soon as possible so as to inform the current surge of public
resources already going into inquiring into these matters, in comparison
to which your agency's costs will pale into insignificance. We request
being updated in whatever process is undertaken.

 

Question Two

To confirm, Customs, an agency which demands extensive cultural training
in the protection of New Zealand’s border, has no record of requesting or
recieving any professional cultural advice, training or resources on Islam
or Muslims for Periods A, B, C and D.

 

Question Three

By “Protecting New Zealand’s Border”, it is obvious from this role that
various interactions with other cultures beyond the border must take place
in various situations including emergencies and through on-going strategy.
Yet, to confirm, Customs does not have a cultural facilitator or adviser,
when this role demands that a cultural adviser is or ought to be in place.

 

Further, we have requested NZ Police to provide us with similar
information, however they have not responded to us. Nonetheless, the
information we seek if from your agency specifically.

 

Question Four

We acknowledge that Customs is an agency involving a significant amount of
intercultural interaction, yet it does not provide comprehensive cultural
intelligence training to its staff.

 

We also acknowledge that Customs provides some role-specific intercultural
training. Can you please expand on this by providing more information on:

1. What this training actually contains.

2. What roles it is aimed at.

3. Whether it is compulsory or not. If not compulsory, please provide the
number and percentage of staff participating in this module.

 

Further, we infer from Customs “offering” Unconscious Knowledge and Bias
training that this training is optional. If so, please provide the number
and percentage of staff participating in this training.

 

Please expand on the notion of “inclusive leadership” and how this may
provide cultural intelligence, if any.

 

Question Five

We understand that information may be withheld under Section 6(c) of the
Act, where disclosure of that information may prejudice maintenance of the
law, including the prevention, investigation and detection of offences and
the right to a fair trial. However, could you please expand on what
connection exists between information regarding Customs intelligence
principles and section 6(c), if any connection does exist.

 

Question Six

We understand that information may be withheld under Section 6(c) of the
Act, where disclosure of that information may prejudice maintenance of the
law, including the prevention, investigation and detection of offences and
the right to a fair trial. Please confirm that this information has been
provided to the Royal Commission of Inquiry.

 

Questions Seven, Eight and Nine

We acknowledge your statement that “Customs does not target or profile
passengers based on race, religion”. Yet, we know Customs has “created
risk profiles based on trends and known indicators of potentially illegal
activity” and assesses pre-arrival passenger information against these
risk profiles and identifies passengers that could pose a risk(1). The
information we seek pertains to these trends and criteria for assessment
that creates these risk profiles. Can you please expand on what these
trends are and what the criteria for assessment are?

 

The Human Rights Foundation reports from a human rights perspective that
Muslims are in fact targeted at New Zealand airports(2). You state that
this is not based on a policy in respect of extremism. Is there any other
Customs policy that involves this or are we to infer that it is simply
unconscious or conscious bias held by Customs officers?

 

Among one of many incidents, we have provided the following case study:
[1]https://www.stuff.co.nz/the-press/news/6...

 

In your response, you refer to international protocols. Can you please
expand on what these protocols for profiling/targeting passengers are?

 

Questions Ten and Eleven

We understand that information may be withheld under Section 6(c) of the
Act, where disclosure of that information may prejudice maintenance of the
law, including the prevention, investigation and detection of offences and
the right to a fair trial. However, could you please expand on what
connection exists between information regarding Customs stopping “white
extremists” and “sympathisers with Serb-nationalism and Bosnian Genocide”
principles and section 6(c), if any connection actually exists.

 

Question Twelve

 

Thank you for acknowledging that a number of individuals have complained
about feeling disproprtionately interected with by Customs on arrival or
departure from New Zealand, principally because they are Muslim.

 

You state that a dialogue is taking place to abate this feeling shared by
the New Zealand Muslim community. Can you confirm that the only events
taken place in this dialogue are:

1. Presentation by OEC to Customs Diversity and Inclusion Council meeting
(March 2016) 2. FIANZ’s public forums on Airport Arrivals at Avondale
Islamic Centre (July 2018) and West Auckland Mosque (October 2018),
attended by only Customs’ Manager Investigations and Manager Auckland
Passenger Operations.

 

Can you also provide the number and percentage of attendees at the
presentation by OEC to Customs Diversity and Inclusion Council meeting in
March 2016, and provide further detail as to trainee expertise.

 

Question Thirteen

To confirm, Customs, in carrying out its role to protect New Zealand, does
have any record of engaging with experts on far-right extremism in Periods
A, B, C and D, when this role deems it important that Customs should or
ought to have some record.

 

Question Fourteen

To confirm, Customs, in carrying out its role to protect New Zealand, does
have any record of engaging with experts on religious nationalism or
extremism in Periods A, B, C and D, when this role deems it important that
Customs should or ought to have some record.

 

Endnotes:

(1) [2]https://www.oag.govt.nz/2017/border-secu... at [3.10].

(2)
[3]https://humanrightsfoundation.files.word...

 

Yours Sincerely,

Mahrukh Sarwar

 

-----Original Message-----

 

Good afternoon Mahrukh Sarwar

 

 

 

 

 

Please find attached response to your request for information on 13 
September 2019.

 

 

 

 

 

Yours sincerely

 

 

 

Correspondence, Reviews and Ministerial Servicing

 

New Zealand Customs Service

 

 

 

 

 

From: Mahrukh Sarwar <[FYI request #11218 email]>

Sent: Friday, 13 September 2019 23:50

To: OIA <[email address]>

Subject: Official Information request - Information for the purpose of 
participating in the Royal Commission inquiry into the attack on 
Christchurch Mosques.

 

 

 

This message has been archived. [1]View the original item

 

Dear New Zealand Customs Service,

We request the following information for the purpose of participating in 
the Royal Commission inquiry into the attack on Christchurch Mosques.  

 

Relevant Operative Mentions:

1.    Copies of Customs documents, corr

 

 

 

 

The information contained in this email message is intended only for the 
addresses and is not necessarily the official view or communication of
the  New Zealand Customs Service.

 

This email may contain information that is confidential or legally 
privileged. If you received it by mistake, please:

(a) Reply promptly to that effect, and remove this email and the reply 
from your system; and

(b) do not act on this email in any other way.

 

References

 

Visible links

1.
[4]http://entvault.customs.govt.nz/enterpri...

 

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

Please use this email address for all replies to this request:

[5][FYI request #11218 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]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.

 

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

 

The information contained in this email message is intended only for the
addresses and is not necessarily the official view or communication of the
New Zealand Customs Service.

This email may contain information that is confidential or legally
privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.

References

Visible links
1. https://www.stuff.co.nz/the-press/news/6...
2. https://www.oag.govt.nz/2017/border-secu...
3. https://humanrightsfoundation.files.word...
4. http://entvault.customs.govt.nz/enterpri...
5. mailto:[FYI request #11218 email]
6. https://fyi.org.nz/help/officers

hide quoted sections

Dear Mahrukh Sarwar

 

 

Extension of request for official information

 

 

Thank you for your email dated 27 February 2020 to the New Zealand Customs
Service (Customs), comprising of:

·         further requests for information under the Official Information
Act 1982 (the Act) with regard to the Royal Commission of Inquiry into the
Attacks on Christchurch Mosques

·         further comments in relation to Customs’ 11 November 2019
response.

 

We are in the process of preparing the information you have requested for
release under the Act; however it is not possible to complete your request
within the original 20 working day timeframe.

 

As a result, and because the consultations necessary to make a decision on
your request are such that a proper response to the request cannot
reasonably be made within the original time limit, Customs is extending
the timeframe for a response by an additional 30 working days (counted
from 26 March 2020, which was the statutory date it was initially due), as
provided for in section 15A(1)(b) of the Act.

 

The new due date for your request is 12 May 2020. That said, Customs will
provide you with a response as soon as possible.

 

You have the right, by way of complaint to the Office of the Ombudsman
under section 28(3) of the Act, to seek an investigation and review of the
decisions conveyed in this letter. 

 

 

Yours sincerely

 

Correspondence, Reviews and Ministerial Servicing

New Zealand Customs Service

 

 

The information contained in this email message is intended only for the
addresses and is not necessarily the official view or communication of the
New Zealand Customs Service.

This email may contain information that is confidential or legally
privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.

Dear Mahrukh Sarwar

 

 

Please find attached response to your request for information on 27
February 2020.

 

 

Yours sincerely

 

Correspondence, Reviews and Ministerial Servicing

New Zealand Customs Service

The information contained in this email message is intended only for the
addresses and is not necessarily the official view or communication of the
New Zealand Customs Service.

This email may contain information that is confidential or legally
privileged. If you received it by mistake, please:
(a) Reply promptly to that effect, and remove this email and the reply
from your system; and
(b) do not act on this email in any other way.