Urgent! Nikau Andrews Arrest.

James Scott made this Official Information request to New Zealand Police

Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: James Scott

Dear New Zealand Police,

I request a copy of any CCTV footage of the Nikau Andrews arrest on Hopetoun St, Auckland CBD as reported below:

https://www.stuff.co.nz/national/crime/1...

Auckland District Commander Superintendent Karyn Malthus assures the public that the use of force was justified despite the "low level" nature of the offending and urges the public to exercise caution when judging the use of force by Police as they are viewing it in "isolation" and there is probably a "lack of context to the situation".

Therefore, I argue there is intense public interest in providing some "context" to the arrest, by way of release of CCTV, in view of the global unrest surrounding the BLM movement and there is also a strong interest in accountability of your officers actions. Part of the incident is publically available, so I don't see any significant privacy issues that could not be outweighed by the above.

If Police do not hold CCTV, please transfer the request to AT citing time and location. Please do so swiftly to avoid loss of information.

Yours faithfully,

James.

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From: James Scott

Dear New Zealand Police,

I am a regular user of the OIA and FYI website. In accordance with (what appears to be) your own procedures I would have expected an acknowledgement of this request by now.

So that I can be satisfied that your agency is not once again acting in bad faith, ignoring ("losing/not receiving") this request until I follow it up at some later date, by which time the CCTV footage is lost, please kindly acknowledge this request.

Yours faithfully,

James Scott

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New Zealand Police

Kia ora James
Apologies for the oversight. 
Your request is being actioned. 

Ngā mihi

Hannah

Ministerial Services

-----"James Scott" <[FOI #13123 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FOI #13123 email]>
Date: 29/06/2020 01:19PM
Subject: Re: Official Information request - Urgent! Nikau Andrews Arrest.

Dear New Zealand Police,
I am a regular user of the OIA and FYI website. In accordance with (what
appears to be) your own procedures I would have expected an
acknowledgement of this request by now.
So that I can be satisfied that your agency is not once again acting in
bad faith, ignoring ("losing/not receiving") this request until I follow
it up at some later date, by which time the CCTV footage is lost, please
kindly acknowledge this request.
Yours faithfully,
James Scott

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13123 email]
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the internet. Our privacy and copyright policies:
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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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New Zealand Police

Dear Mr James Scott,

 

Request for information - IR-01-20-17409

 

Thank you for your request made on 22/06/2020 requesting copy of any CCTV
footage of the Nikau Andrews arrest on Hopetoun St, Auckland CBD.

 

Your request has been considered in accordance with the Official
Information Act 1982 and your request has been declined for the following
reason:

 

·  S6(c) - To prejudice the maintenance of the law, including the
prevention, investigation, and detection of offences and the right to a
fair trial

 

If you have any questions, you may contact me via replying to this email.

                                                                                                     

You have the right to ask the Ombudsman to review my decision if you are
not satisfied with Police’s response to your request.

 

Yours sincerely

Elsa 

Case Management Support

Auckland City Police District

 
 

From: "James Scott" <[FYI request #13123 email]>

 

To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>

 

Date: Monday, June 22, 2020 11:17AM

 

Subject: Official Information request - Urgent! Nikau Andrews Arrest.

 

For Follow up: Urgent Priority.

 

 

 

 

 

Dear New Zealand Police,

 

 

 

I request a copy of any CCTV footage of the Nikau Andrews arrest

 

on Hopetoun St, Auckland CBD as reported below:

 

https://www.stuff.co.nz/national/crime/1...

 

 

 

Auckland District Commander Superintendent Karyn Malthus assures

 

the public that the use of force was justified despite the "low

 

level" nature of the offending and urges the public to exercise

 

caution when judging the use of force by Police as they are

 

viewing it in "isolation" and there is probably a "lack of

 

context to the situation".

 

 

 

Therefore, I argue there is intense public interest in providing

 

some "context" to the arrest, by way of release of CCTV, in view

 

of the global unrest surrounding the BLM movement and there is

 

also a strong interest in accountability of your officers

 

actions. Part of the incident is publicly available, so I don't

 

see any significant privacy issues that could not be outweighed

 

by the above.

 

 

 

If Police do not hold CCTV, please transfer the request to AT

 

citing time and location. Please do so swiftly to avoid loss of

 

information.

 

 

 

Yours faithfully,

 

James

 

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

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
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Also note, the views expressed in this message may not necessarily reflect
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error, please email or telephone the sender immediately

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From: James Scott

Dear New Zealand Police,

Could you please provide a reason for your decision. Your assertion is not really acceptable to me. I cant see how a portion of CCTV that occurs immediately prior to video of an arrest which has already been made public can prejudice any of the interests outlined in section 6(c).

I can't see how releasing a portion of video occurring prior to an arrest which has been made public can prejudice the maintenance of the law either, that seems quite a wonky assertion.

Please explain, and be reminded that the purpose of the withholding grounds laid out in the OIA is not about protection of Police reputation. If the CCTV shows what I suspect it will (Police using excessive force) then it would probably assist in promoting the interests laid out in S6(c).

Yours faithfully,

James

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New Zealand Police

Kia ora James
 
I have forwarded your response query to the appropriate work group.  You
should hear from them shortly.
 
Kind regards
 
Rikki-Lee

-----"James Scott" <[FOI #13123 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FOI #13123 email]>
Date: 10/07/2020 05:09PM
Subject: Re: IR-01-20-17409

Dear New Zealand Police,
Could you please provide a reason for your decision. Your assertion is not
really acceptable to me. I cant see how a portion of CCTV that occurs
immediately prior to video of an arrest which has already been made public
can prejudice any of the interests outlined in section 6(c).
I can't see how releasing a portion of video occurring prior to an arrest
which has been made public can prejudice the maintenance of the law
either, that seems quite a wonky assertion.
Please explain, and be reminded that the purpose of the withholding
grounds laid out in the OIA is not about protection of Police reputation.
If the CCTV shows what I suspect it will (Police using excessive force)
then it would probably assist in promoting the interests laid out in
S6(c).
Yours faithfully,
James

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Mark Hanna left an annotation ()

I understand Auckland Transport only keeps CCTV footage for 5-7 days, so unless Police requested that it be archived I expect it will likely no longer exist by this point.

You're quite likely aware of this, but now that you have asked section 19(a)(ii) of the OIA requires Police to provide the grounds in support of the reason they have given for refusing your request: http://www.legislation.govt.nz/act/publi...

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James Scott left an annotation ()

Thanks Mark!

Yes I was aware they had to give the reasons in support of their decision. I understand what you are saying about AT, but I interpret the Police Section 6(c) response as an acknowledgement that Police do hold a copy of any CCTV (As opposed to an 18(e) or a transfer).

Given the amateur footage exists and has been made public, I don't think the withholding ground will stack up. This is probably another case of agency trying their luck at protecting their reputation. When the amateur footage shows Police brutality and the District commander cries foul over a lack of context there must be high public interest in holding Police accountable for their actions.

Police usually refuse my requests then roll over when the Ombudsman contacts them a few months later... so in effect all they ever do is withhold and drag it out for four or five months and then release. Yet apparently transparency and building trust in the community is high on their list of priorities.

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New Zealand Police

Dear Mr James Scott,
 
Thanks for your email.
 
Your request has been complied by the Police in accordance with the
Official Information Act 1982.
 
You have the right to ask the Ombudsman to review my decision if you are
not satisfied with Police’s response to your request.
 
 
Elsa
 
Case Management Support
Auckland City Police District
 
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FOI #13123 email]>
Date: 10/07/2020 05:09PM
Subject: Re: IR-01-20-17409

Dear New Zealand Police,
Could you please provide a reason for your decision. Your assertion is not
really acceptable to me. I cant see how a portion of CCTV that occurs
immediately prior to video of an arrest which has already been made public
can prejudice any of the interests outlined in section 6(c).
I can't see how releasing a portion of video occurring prior to an arrest
which has been made public can prejudice the maintenance of the law
either, that seems quite a wonky assertion.
Please explain, and be reminded that the purpose of the withholding
grounds laid out in the OIA is not about protection of Police reputation.
If the CCTV shows what I suspect it will (Police using excessive force)
then it would probably assist in promoting the interests laid out in
S6(c).
Yours faithfully,
James

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Link to this

From: James Scott

Dear New Zealand Police,

Thank you for your response. However, I have asked for the grounds in support of your decision in accordance with S19 (a) (ii) of the Act.

Please provide these.

Yours faithfully,

James

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From: James Scott

Dear New Zealand Police,

I require a response to my latest email.

Please do not ignore me.

Regards,

James

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New Zealand Police

Dear Mr Scott
 
I have forwarded your email to Auckland City Police District for them to
respond to you directly.
 
Kind regards
Fiona
Ministerial Services
PNHQ

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From: James Scott

Dear New Zealand Police,

I am still waiting for a response to my query. All I am asking for is an explanation for the withholding grounds. This is information you have ALREADY assessed for release so I am struggling to understand the delay and continue to wonder... "What are you hiding?"

Yours faithfully,

James

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From: James Scott

Dear New Zealand Police,

I am still waiting for an explanation as to the withholding grounds you have ALREADY applied. This is taking an unbelievably long time.

James

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New Zealand Police

Good morning James,
 
As per the email in bold below - the Auckland City Police District
responded to you on the 16 July 2020. The response still stands and you
still have the right to ask the Ombudsman to review the decision if you
are not satisfied with Police’s response to your request.
 
Kind regards,
Penni
Ministerial Services
PNHQ
 
To: [FOI #13123 email]
From: Case Management Support/POLICE/NZ
Sent by: Wenfang Wu/POLICE/NZ
Date: 07/16/2020 12:45PM
Subject: IR-01-20-17409

Dear Mr James Scott,
 
Thanks for your email.
 
Your request has been complied by the Police in accordance with the
Official Information Act 1982.
 
You have the right to ask the Ombudsman to review my decision if you are
not satisfied with Police’s response to your request.
 
 
Elsa
 
Case Management Support

Auckland City Police District

-----"James Scott" <[FOI #13123 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FOI #13123 email]>
Date: 05/08/2020 10:27AM
Subject: Re: Fw: Re: IR-01-20-17409

Dear New Zealand Police,
I am still waiting for an explanation as to the withholding grounds you
have ALREADY applied. This is taking an unbelievably long time.
James

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From: James Scott

Dear New Zealand Police,

Sorry, but as per my email previous to that I asked for the REASONS in support of your decision in accordance with S19 (a) (ii) of the OIA and I still have not received that response. If you could kindly provide an answer today, that would be fantastic.

Yours faithfully,

James

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New Zealand Police

Hello James,
 
Please see the email in bold that you were sent below responding to your
request 01-20-17409 on the 7 July 2020.The withholding grounds have been
specified for you in the original response to you.
 

"Your request has been considered in accordance with the Official
Information Act 1982 and your request has been declined for the following
reason:

 

· S6(c) - To prejudice the maintenance of the law, including the
prevention, investigation, and detection of offences and the right to a
fair trial".

 
As I mentioned in my previous email this morning if you are unhappy with
the response you have the right to complain to the Ombudsman.
 
Kind regards
Penni
Ministerial Services

To: [FYI request #13123 email]
From: Case Management Support/POLICE/NZ
Sent by: Wenfang Wu/POLICE/NZ
Date: 07/10/2020 04:42PM
Subject: IR-01-20-17409

Dear Mr James Scott,

 

Request for information - IR-01-20-17409

 

Thank you for your request made on 22/06/2020 requesting copy of any CCTV
footage of the Nikau Andrews arrest on Hopetoun St, Auckland CBD.

 

Your request has been considered in accordance with the Official
Information Act 1982 and your request has been declined for the following
reason:

 

· S6(c) - To prejudice the maintenance of the law, including the
prevention, investigation, and detection of offences and the right to a
fair trial

If you have any questions, you may contact me via replying to this email.

                                                                            

You have the right to ask the Ombudsman to review my decision if you are
not satisfied with Police’s response to your request.

 

Yours sincerely

Elsa

-----"James Scott" <[FYI request #13123 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FYI request #13123 email]>
Date: 05/08/2020 11:12AM
Subject: Re: IR-01-20-17409

Dear New Zealand Police,
Sorry, but as per my email previous to that I asked for the REASONS in
support of your decision in accordance with S19 (a) (ii) of the OIA and I
still have not received that response. If you could kindly provide an
answer today, that would be fantastic.
Yours faithfully,
James

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From: James Scott

Dear New Zealand Police,

I know you sent me the withholding ground. I am now asking for the GROUNDS IN SUPPORT OF THAT REASON. I am entitled to do this, please see S19 (a) (ii) below.

19Reason for refusal to be given
Where a request made in accordance with section 12 is refused, the department or Minister of the Crown or organisation, shall,—
(a)
subject to section 10, give to the applicant—
(i)
the reason for its refusal; and
(ii)
if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest

I am not satisfied with the response. It doesn't make sense. You are withholding footage, parts of which are already in the public domain and with sufficient matters of public interest to consider. Therefore I am asking for an explanation and I. entitled to do that.

Yours faithfully,

James

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Mark Hanna left an annotation ()

It seems pretty clear that Police is going to continue refusing to acknowledge that they have any additional responsibility under s19(a)(ii) over their existing responsibilities under s19(a)(i). I'd recommend you take this up with the Ombudsman.

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From: James Scott

Dear New Zealand Police,

Can someone just take two minutes to read Section 19 (a)(ii) of the Act and provide a sensible response. Not just fob me off?

I intend to take up this matter with the Ombudsman shortly.

Yours faithfully,

James Scott

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New Zealand Police

Good afternoon James,
 
As previously mentioned you have the right to make a complaint to the
Ombudsman if you are unhappy with how Police have responded to your
request.
 
Kind regards,
Penni
Ministerial Services
PNHQ 

-----"James Scott" <[FYI request #13123 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "James Scott" <[FYI request #13123 email]>
Date: 18/08/2020 12:32PM
Subject: Re: Re: IR-01-20-17409

Dear New Zealand Police,
Can someone just take two minutes to read Section 19 (a)(ii) of the Act
and provide a sensible response. Not just fob me off?
I intend to take up this matter with the Ombudsman shortly.
Yours faithfully,
James Scott

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From: James Scott

Dear New Zealand Police,

I'd really prefer it if Police just met their legal obligation under 19(a)(ii) first to potentially save a lot of time and hassle. That much does not and certainly should not require Ombudsman input.

Has anyone at NZ Police actually read 19(a)(ii)? A simple answer in accordance with law might satisfy my interest without requiring a complaint to the Ombudsman.

Yours faithfully,

James Scott

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Things to do with this request

Anyone:
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