Fatal shootings by NZ Police

Mark Hanna 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: Mark Hanna

Tēnā koutou,

I am interested in information about people who have been fatally shot by NZ Police. I have tried several times to find a list of fatal police shootings in New Zealand, but the closest I have been able to find has been several media features which are all now several years old:

Chronology of fatal shootings by NZ police - NZ Herald (2008)
https://www.nzherald.co.nz/nz/news/artic...

Police shootings number 29 in last 65 years - RNZ (2015)
https://www.rnz.co.nz/news/national/2803...

Under Fire - Stuff (2017)
https://interactives.stuff.co.nz/2017/11...

I am not sure how information about fatal shootings is held by NZ Police, particularly regarding incidents that predate the Independent Police Conduct Authority. However, I understand that section 13 of the Independent Police Conduct Authority Act 1988 (http://www.legislation.govt.nz/act/publi...) requires the Police Commissioner to send the IPCA a written notice of any incidents during which a Police employee caused or appeared to have caused the death of a person. I expect Police have kept records of all such notices.

Please release the following information, as far back as records allow:

1. For each incident notified to the IPCA in which a Police employee fatally shot someone:
a) The date of the shooting
b) The name of the person who was killed

I do not know if there has ever been a case in New Zealand during which a Police employee shot someone who then died, but in which the shooting was not their cause of death. If there have been any incidents such as these, I would appreciate if you could still include them with a note that being shot was not their cause of death.

Please provide this information in an accessible, searchable format.

If any part of my request is unclear, please don't hesitate to contact me.

If any of the information that I have requested is unavailable or would be difficult to retrieve, but similar information might be readily available, I would be happy to discuss altering or refining my request.

Ngā mihi,
Mark Hanna

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New Zealand Police

Dear Mr Hanna
 
I acknowledge receipt of your Official Information Act (OIA) request
below, transferred to NZ Police by the Minister of Police on 1 June 2020.
 
Your request is being actioned pursuant to the Act with a response due to
you on or before 30 June 2020.
 
Kind regards
Ministerial Services
PNHQ

-----"Mark Hanna" <[FYI request #12995 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FYI request #12995 email]>
Date: 01/06/2020 12:28PM
Subject: Official Information request - Fatal shootings by NZ Police

Tēnā koutou,
I am interested in information about people who have been fatally shot by
NZ Police. I have tried several times to find a list of fatal police
shootings in New Zealand, but the closest I have been able to find has
been several media features which are all now several years old:
Chronology of fatal shootings by NZ police - NZ Herald (2008)
[1]https://www.nzherald.co.nz/nz/news/artic...
Police shootings number 29 in last 65 years - RNZ (2015)
[2]https://www.rnz.co.nz/news/national/2803...
Under Fire - Stuff (2017)
[3]https://interactives.stuff.co.nz/2017/11...
I am not sure how information about fatal shootings is held by NZ Police,
particularly regarding incidents that predate the Independent Police
Conduct Authority. However, I understand that section 13 of the
Independent Police Conduct Authority Act 1988 (
[4]http://www.legislation.govt.nz/act/publi...
) requires the Police Commissioner to send the IPCA a written notice of
any incidents during which a Police employee caused or appeared to have
caused the death of a person. I  expect Police have kept records of all
such notices.
Please release the following information, as far back as records allow:
1. For each incident notified to the IPCA in which a Police employee
fatally shot someone:
a) The date of the shooting
b) The name of the person who was killed
I do not know if there has ever been a case in New Zealand during which a
Police employee shot someone who then died, but in which the shooting was
not their cause of death. If there have been any incidents such as these,
I would appreciate if you could still include them with a note that being
shot was not their cause of death.
Please provide this information in an accessible, searchable format.
If any part of my request is unclear, please don't hesitate to contact me.
If any of the information that I have requested is unavailable or would be
difficult to retrieve, but similar information might be readily available,
I would be happy to discuss altering or refining my request.
Ngā mihi,
Mark Hanna
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FYI request #12995 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:
[5]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:
[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.

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From: Mark Hanna

Kia ora,

Thanks for acknowledging my request. However I'm a little confused at being told my request was transferred to NZ Police by the Minister of Police, and that NZ Police plans to respond by 30 June 2020.

I made this request using the FYI website. In this process, I pick the agency to whom I would like to send my request, but I don’t see the email address the website uses to send my request. If my request was initially received by the Minister of Police instead of New Zealand Police, could you please clarify if there is another email address it should have been sent to instead so I could pass this on to the FYI admin?

Also, given New Zealand Police received my request on 1 June 2020, I believe the Official Information Act requires that a response be sent as soon as reasonably practicable and no later than 29 June 2020, rather than 30 June 2020. I have double checked this against the definition of "working day" in the Official Information Act, and using the OIA calculator on the Ombudsman's website.

Ngā mihi,
Mark Hanna

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New Zealand Police

Dear Mr Hanna
 
Please accept my apologies for the error in the acknowledgement that was
sent to you.
 
It should have read as follows:
 
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 1 June 2020.

Your request is being actioned pursuant to the Act with a response due to
you on or before 29 June 2020.

Kind regards
Ministerial Services
PNHQ

-----"Mark Hanna" <[FYI request #12995 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FYI request #12995 email]>
Date: 04/06/2020 01:39PM
Subject: Re: OIA Request Acknowledgement IR-01-20-15004: Fatal shootings
by NZ Police

Kia ora,
Thanks for acknowledging my request. However I'm a little confused at
being told my request was transferred to NZ Police by the Minister of
Police, and that NZ Police plans to respond by 30 June 2020.
I made this request using the FYI website. In this process, I pick the
agency to whom I would like to send my request, but I don’t see the email
address the website uses to send my request. If my request was initially
received by the Minister of Police instead of New Zealand Police, could
you please clarify if there is another email address it should have been
sent to instead so I could pass this on to the FYI admin?
Also, given New Zealand Police received my request on 1 June 2020, I
believe the Official Information Act requires that a response be sent as
soon as reasonably practicable and no later than 29 June 2020, rather than
30 June 2020. I have double checked this against the definition of
"working day" in the Official Information Act, and using the OIA
calculator on the Ombudsman's website.
Ngā mihi,
Mark Hanna

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From: Mark Hanna

Kia ora,

Okay that's great, thanks for clarifying.

Ngā mihi,
Mark Hanna

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Mark Hanna left an annotation ()

Regarding the part of my request that deals with cases where Police shot someone who died, but may not have died because they were shot, a New Zealand Herald article published today[1] contains some information about Police shootings, and includes this:

"One of the incidents listed as a fatality involved a shootout with an offender in Northland[2], during which the house the man was in caught fire. His cause of death was listed as unconfirmed."

[1] https://www.nzherald.co.nz/nz/news/artic...

[2] https://www.nzherald.co.nz/nz/news/artic...

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From: Mark Hanna

Kia ora,

A response to this request is due as soon as reasonably practicable, and in any case not later than the 29th of June, which is 2 working days from today. I understand that Police's approvals process for OIA responses takes 5-7 working days, can you please confirm for me whether or not the response for this request has been prepared and submitted for approval early enough that I can expect Police's decision to be communicated within the legal timeframe?

If the decision is anticipated to be unlawfully delayed past this date, without an extension being granted under section 15A of the OIA, can you please let me know when I can expect to receive the response and what the cause of the delay was?

Ngā mihi,
Mark Hanna

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New Zealand Police

Tena koe Mr Hanna
 
I can see that your response is currently under review. I have forwarded
your query to the work group to respond to you directly. 
 
Kind regards
 
Rikki Hanna
Ministerial Services
PNHQ

-----"Mark Hanna" <[FYI request #12995 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FYI request #12995 email]>
Date: 25/06/2020 09:01AM
Subject: Re: Re: OIA Request Acknowledgement IR-01-20-15004: Fatal
shootings by NZ Police

Kia ora,
A response to this request is due as soon as reasonably practicable, and
in any case not later than the 29th of June, which is 2 working days from
today. I understand that Police's approvals process for OIA responses
takes 5-7 working days, can you please confirm for me whether or not the
response for this request has been prepared and submitted for approval
early enough that I can expect Police's decision to be communicated within
the legal timeframe?
If the decision is anticipated to be unlawfully delayed past this date,
without an extension being granted under section 15A of the OIA, can you
please let me know when I can expect to receive the response and what the
cause of the delay was?
Ngā mihi,
Mark Hanna

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Mark Hanna left an annotation ()

Since Police did not send me a notification of their decision on this request today, and it hasn't been extended, they have broken the law. I'll be lodging a complaint with the Office of the Ombudsman in the morning.

This is the 7th consecutive OIA request of mine on FYI that Police have failed to respond to within the legislative timeframe.

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Mark Hanna left an annotation ()

I have lodged a complaint with the Office of the Ombudsman regarding this unlawful delay.

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From: Mark Hanna

Tēnā koutou,

Under section 15 of the Official Information Act, Police was legally required to communicate its decision on my request as soon as reasonably practicable, and in any case not later than 29 June 2020. This time limit was not extended under section 15A of the Act. It has now been 5 working days since this legal deadline, but I have not yet received Police's decision on my request.

I asked on 25 June 2020 whether or not I could expect Police's decision to be communicated within the legal timeframe and, if the decision was anticipated to be unlawfully delayed past this date, when I could expect to receive the response and what the cause of the delay was. Though I was told that Police's response was under review at the time, Police has not answered any of these other questions.

Including a separate request, which was due on 3 July 2020 and is also currently overdue, Police has failed to respond to any the last 8 requests for official information I have made through the FYI website, going back to March 2019, within the legislated timeframe.

In 3 of those cases (502505, 506828, 506616) I was told by the Ombudsman that Police accepted there had been a failure to meet the timeliness requirements imposed by the OIA.

In 1 case (509784) I received an apology directly from Police.

In 2 cases (512867, 516606) Chief Ombudsman Peter Boshier formed the final opinion that there had been a failure to meet the requirements imposed by the OIA.

In the other 2 cases, I am currently waiting on Police's responses.

I'm sure you can understand how frustrating this is. I am tired of being told again and again that Police has accepted it failed to meet the requirements of the law, only to see it continue with the same unlawful behaviour. It is clear that these unlawful delays are unacceptable, and I do not understand how they can continue to happen so frequently without there being some fundamental problem with how Police handles requests for official information.

I am sure this is not a situation that Police wants to find itself in. However, Police has a duty to uphold the law.

I have lodged a complaint with the Office of the Ombudsman regarding the unlawful delay in Police's response to this request. Please send the response immediately.

Ngā mihi,
Mark Hanna

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New Zealand Police

Kia ora Mark
 
Thank you for your email.  I understand that you have had multiple delays
of OIA requests, and appreciate that this is frustrating. 
 
Your OIA is it its final stages of review and I anticipate that it will be
released to you within 8 working days.
 
Kind regards
 
Rikki-Lee Hanna
PNHQ

-----"Mark Hanna" <[FYI request #12995 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FYI request #12995 email]>
Date: 06/07/2020 01:33PM
Subject: Re: Re: Re: OIA Request Acknowledgement IR-01-20-15004: Fatal
shootings by NZ Police

Tēnā koutou,
Under section 15 of the Official Information Act, Police was legally
required to communicate its decision on my request as soon as reasonably
practicable, and in any case not later than 29 June 2020. This time limit
was not extended under section 15A of the Act. It has now been 5 working
days since this legal deadline, but I have not yet received Police's
decision on my request.
I asked on 25 June 2020 whether or not I could expect Police's decision to
be communicated within the legal timeframe and, if the decision was
anticipated to be unlawfully delayed past this date, when I could expect
to receive the response and what the cause of the delay was. Though I was
told that Police's response was under review at the time, Police has not
answered any of these other questions.
Including a separate request, which was due on 3 July 2020 and is also
currently overdue, Police has failed to respond to any the last 8 requests
for official information I have made through the FYI website, going back
to March 2019, within the legislated timeframe.
In 3 of those cases (502505, 506828, 506616) I was told by the Ombudsman
that Police accepted there had been a failure to meet the timeliness
requirements imposed by the OIA.
In 1 case (509784) I received an apology directly from Police.
In 2 cases (512867, 516606) Chief Ombudsman Peter Boshier formed the final
opinion that there had been a failure to meet the requirements imposed by
the OIA.
In the other 2 cases, I am currently waiting on Police's responses.
I'm sure you can understand how frustrating this is. I am tired of being
told again and again that Police has accepted it failed to meet the
requirements of the law, only to see it continue with the same unlawful
behaviour. It is clear that these unlawful delays are unacceptable, and I
do not understand how they can continue to happen so frequently without
there being some fundamental problem with how Police handles requests for
official information.
I am sure this is not a situation that Police wants to find itself in.
However, Police has a duty to uphold the law.
I have lodged a complaint with the Office of the Ombudsman regarding the
unlawful delay in Police's response to this request. Please send the
response immediately.
Ngā mihi,
Mark Hanna

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