You request has been forwarded to the appropriate department.
 
 
-----James Lochead <[OIA #1171 email]> wrote:
-----

To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: James Lochead <[OIA #1171 email]>
Date: 28/09/2013 10:07PM
Subject: Official Information Act request - 07 Contravention of statute

     Dear New Zealand Police,
    
     107 Contravention of statute
    
     (1) Every one is liable to imprisonment for a term not exceeding 1
     year who, without lawful excuse, contravenes any enactment by
     wilfully doing any act which it forbids, or by wilfully omitting to
     do any act which it requires to be done, unless—
    
     (a) some penalty or punishment is expressly provided by law in
     respect of such contravention as aforesaid; or
    
     (b) in the case of any such contravention in respect of which no
     penalty or punishment is so provided, the act forbidden or required
     to be done is solely of an administrative or a ministerial or
     procedural nature, or it is otherwise inconsistent with the intent
     and object of the enactment, or with its context, that the
     contravention should be regarded as an offence.
    
     (2) Nothing in subsection (1) applies to any contravention of any
     Imperial enactment or Imperial subordinate legislation that is part
     of the laws of New Zealand, or to any omission to do any act which
     any such Imperial enactment or Imperial subordinate legislation
     requires to be done.
    
     (3) In subsection (2), the terms Imperial enactment and Imperial
     subordinate legislation have the meanings given to them by section
     2 of the Imperial Laws Application Act 1988.
    
     Compare: 1908 No 32 s 129
    
     Section 107(2): added, on 1 January 1989, by section 2 of the
     Crimes Amendment Act 1988 (1988 No 114).
    
     Section 107(3): added, on 1 January 1989, by section 2 of the
     Crimes Amendment Act 1988 (1988 No 114).
    
     Has anyone ever actually been charged with this section of the
     act... like repeated breaches of the 20 day time limit of the
     privacy act or official information act which also has a 20 day
     time limit?
    
     Yours faithfully,
    
     James
    
     -------------------------------------------------------------------
    
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     -------------------------------------------------------------------

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Dear James Lochead

Police has received your information request and it is now being
processed.

 

 

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

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

Dear Mr Lockhead

 

I refer to your request received on 28 September 2013 under the Official
Information Act 1982 (OIA) relating to whether anyone has been charged
under Section 107 of the Crimes Act 1961 (Contravention of Statute) for
repeated breaches of the 20 day limit of the Privacy Act or Official
Information Act (OIA).

 

Police are unable to find any record of charges being laid under Section
107 of the Crimes Act. Therefore, your request is refused pursuant to
section 18(e) of the Official Information Act 1982 on the basis that the
information requested cannot  be found.

 

I regret that on this occasion it has not been possible to provide the
information you have requested.  As you may already be aware, you have the
right under section 28(3) of the OIA to seek a review of my handling of
your request by the Office of the Ombudsmen.

 

Yours sincerely

 

 

 

 

Steve Darroch

Acting National Manager: Performance

Policy, Performance and Legal Group

New Zealand 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