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DHB reported incidents of "Impersonation of a Doctor" by member of the public

Amy S Van Wey Lovatt made this Official Information request to New Zealand Police

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From: Amy S Van Wey Lovatt

Dear New Zealand Police,

I respectfully request, pursuant to the OIA, the following information.

Request 1:
The number of reports to police by District Health Boards in which there has been an allegation that a member of the public had impersonated a physician, between 1 January 2018 and 30 June 2020, inclusive.

Request 2:
The number of reports to police by District Health Boards in which there has been an allegation that a member of the public had impersonated or claimed to be a physician, and in so doing gained access to restricted areas of hospitals, including surgical theaters and medical laboratories, between 1 January 2018 and 30 June 2020, inclusive.

Request 3:
The number of reports to police by District Health Boards in which there has been an allegation that a member of the public had gained access to restricted areas of hospitals, including surgical theaters and medical laboratories, between 1 January 2018 and 30 June 2020, inclusive, while not impersonating or posing as a physician or DHB employee.

Request 4.
In the event that the number of incidents in which a member of the public impersonated a physician is more than zero, during the specified time frame, I request the following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the District or High Court case reference details (e.g. Police v Jane Doe [2018] NZDC XXXX).

Request 5.
In the event that the number of incidents in which a member of the public impersonated a physician and gained access to restricted areas of a hospital is more than zero, during the specified time frame, I request the following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the District or High Court case reference details.

Request 6.
In the event that the number of incidents in which a member of the public gained access to restricted areas of a hospital is more than zero while not impersonating or posing as a physician or DHB employee, during the specified time frame, I request the following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the District or High Court case reference details.

Thank you very much for your time and effort and I look forward to your reading your response.

Yours faithfully,

Amy S Van Wey Lovatt

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New Zealand Police

Dear Ms Van Wey Lovatt
 
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 1 July 2020.
 
Your request is being actioned pursuant to the Act.
 
Kind regards
Fiona
Ministerial Services
PNHQ

-----"Amy S Van Wey Lovatt"
<[FOI #13196 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Amy S Van Wey Lovatt"
<[FOI #13196 email]>
Date: 01/07/2020 03:11AM
Subject: Official Information request - DHB reported incidents of
"Impersonation of a Doctor" by member of the public

Dear New Zealand Police,
I respectfully request, pursuant to the OIA, the following information.
Request 1:
The number of reports to police by District Health Boards in which there
has been an allegation that a member of the public had impersonated a
physician, between 1 January 2018 and 30 June 2020, inclusive.
Request 2:
The number of reports to police by District Health Boards in which there
has been an allegation that a member of the public had impersonated or
claimed to be a physician, and in so doing gained access to restricted
areas of hospitals, including surgical theaters and medical laboratories,
between 1 January 2018 and 30 June 2020, inclusive.
Request 3:
The number of reports to police by District Health Boards in which there
has been an allegation that a member of the public had gained access to
restricted areas of hospitals, including surgical theaters and medical
laboratories, between 1 January 2018 and 30 June 2020, inclusive, while
not impersonating or posing as a physician or DHB employee.
Request 4.
In the event that the number of incidents in which a member of the public
impersonated a physician is more than zero, during the specified time
frame, I request the following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the
District or High Court case reference details (e.g. Police v Jane Doe
[2018] NZDC XXXX).
Request 5.
In the event that the number of incidents in which a member of the public
impersonated a physician and gained access to restricted areas of a
hospital is more than zero, during the specified time frame, I request the
following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the
District or High Court case reference details.
Request 6.
In the event that the number of incidents in which a member of the public
gained access to restricted areas of a hospital is more than zero while
not impersonating or posing as a physician or DHB employee, during the
specified time frame, I request the following for each incident:
(a) The name of the DHB;
(b) The date and time of the alleged offence;
(c) The Gender of the alleged offender;
(d) The age of the alleged offender;
(e) A description of the evidence to support the allegation;
(f) The status or outcome of the investigation, and where applicable, the
District or High Court case reference details.
Thank you very much for your time and effort and I look forward to your
reading your response.
Yours faithfully,
Amy S Van Wey Lovatt
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #13196 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:
[1]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
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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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From: Amy S Van Wey Lovatt

Dear New Zealand Police,

I am quite concerned that I have not received a the information I requested on 1 July 2019, which was due yesterday, in accordance with the OIA.

I trust that the information will be forthcoming by the end of the day.

Yours faithfully,

Amy S Van Wey Lovatt

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From: Amy S Van Wey Lovatt

Dear New Zealand Police,

My mistake, submitted on 1 July 2020.

Kind regards.

Amy S Van Wey Lovatt

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New Zealand Police

Dear Amy
Again I am sorry. I can confirm that your request is currently being
reviewed. The delay in completing our response is due to the volume of
requests being processed. Although I am unable to provide a release date
at this stage, I anticipate a further 2 days will be required to complete
our response after which it will be referred for executive review. In
normal circumstances this review process can take up to 8 working days.
Please accept our apologies for any delay in providing you with a response
to your query. We are endeavouring to provide this to you as soon as
possible.
Regards,

Obert Cinco

Team Manager - Reporting
Evidence Based Policing Centre

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New Zealand Police


Attachment 20200714 Amy Van Wey LovattIR 01 20 19114 Impersonating a Physician v.1 CDS.pdf
2.3M Download View as HTML


Kia ora Amy
 
Please see attached the response to your OIA request.  Please accept our
apologies for the delay.
 
Kind regards
 
Rikki-Lee
PNHQ

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

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

Link to this

From: Amy S Van Wey Lovatt

Dear New Zealand Police,

I would like to thank you for your response in regards to the OIA request I made about reports made to police of individuals who had accessed restricted areas of hospitals, either by imposing as a physician or not.

I was confused about your response, which was a denial under section 18(g) of the Act, which states:

"that the information requested is not held by the department or Minister of the Crown or organisation and the person dealing with the request has no grounds for believing that the information is either—
(i) held by another department or Minister of the Crown or organisation, or by a local authority; or
(ii) connected more closely with the functions of another department or Minister of the Crown or organisation or of a local authority:".

Clarification 1:
Is this to say that the NZ Police do not have any reports of such instances?

Clarification 2:
Is it the position of the NZ Police that information which is connected to offences under the Summary Offences Act 1981 and the Crimes At 1961, (i) is not held by the NZ Police or (ii) is more connected to the Ministry of Health?

I note the following offences and crimes are consistent with the information I requested:
(1) Summary Offences Act, section 20 False claim of qualifications.
(2) Crimes Act, section 107 Contravention of statute (which would include a contravention of section 7 of the HPCA Act).
(3) Crimes Act, section 145 Criminal nuisance (posing as a physician to gain access to a surgical theater or laboratory would be consistent with this offence).
(4) Crimes Act, section 219 Theft or stealing (the only way a member of the public could get access to restricted areas of the hospital, which require key card access, would be if they had stolen a key-card) or they had committed another crime (see below), which is also considered an offence).
(5) Crimes Act 228, Dishonestly taking or using document.

Under section 14 of the OIA:
14Transfer of requests
Where—
(a) a request in accordance with section 12 is made to a department or Minister of the Crown or organisation; and
(b) the information, or some of the information, to which the request relates—
(i) is not held by the department or Minister of the Crown or organisation but is believed by the person dealing with the request to be held by another department or Minister of the Crown or organisation, or by a local authority; or
(ii) is believed by the person dealing with the request to be more closely connected with the functions of another department or Minister of the Crown or organisation, or of a local authority,—
the department or Minister of the Crown or organisation to which the request is made shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request, or relevant part of the request, to the other department or Minister of the Crown or organisation, or to that local authority, and inform the person making the request accordingly.

I note that you did not meet the statutory requirement, under section 14.

Official Information Act Request (pursuant to section 22 and 23):
Request 1:
I respectfully request all documents and information considered and the reasoning for the decision to not meet the legislative time frame for the transfer of my request.
Request 2:
I respectfully request all documents and information considered and the reasoning for the decision to transfer a request of information which under the Policing Act is held by the NZ Police as the information I have sought is consistent with offences under the Summary Offences Act and the Crimes Act (the jurisdiction of the NZ Police and Justice Department).

Regards,

Amy S Van Wey Lovatt

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New Zealand Police

Dear Ms Van Wey Lovatt
 
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 12 August 2020.
 
Your request is being actioned pursuant to the Act.
 
Kind regards
Fiona
Ministerial Services
PNHQ

-----"Amy S Van Wey Lovatt"
<[FOI #13196 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Amy S Van Wey Lovatt"
<[FOI #13196 email]>
Date: 12/08/2020 03:56AM
Subject: Re: OIA Response - IR-01-20-19114

Dear New Zealand Police,
I would like to thank you for your response in regards to the OIA request
I made about reports made to police of individuals who had accessed
restricted areas of hospitals, either by imposing as a physician or not.
I was confused about your response, which was a denial under section 18(g)
of the Act, which states:
"that the information requested is not held by the department or Minister
of the Crown or organisation and the person dealing with the request has
no grounds for believing that the information is either—
(i) held by another department or Minister of the Crown or organisation,
or by a local authority; or
(ii) connected more closely with the functions of another department or
Minister of the Crown or organisation or of a local authority:".
Clarification 1:
Is this to say that the NZ Police do not have any reports of such
instances?
Clarification 2:
Is it the position of the NZ Police that information which is connected to
offences under the Summary Offences Act 1981 and the Crimes At 1961, (i)
is not held by the NZ Police or (ii) is more connected to the Ministry of
Health?
I note the following offences and crimes are consistent with the
information I requested:
(1) Summary Offences Act, section 20 False claim of qualifications.
(2) Crimes Act, section 107 Contravention of statute (which would include
a contravention of section 7 of the HPCA Act).
(3) Crimes Act, section 145 Criminal nuisance (posing as a physician to
gain access to a surgical theater or laboratory would be consistent with
this offence).
(4) Crimes Act, section 219 Theft or stealing (the only way a member of
the public could get access to restricted areas of the hospital, which
require key card access, would be if they had stolen a key-card) or they
had committed another crime (see below), which is also considered an
offence).
(5) Crimes Act 228, Dishonestly taking or using document.
Under section 14 of the OIA:
14Transfer of requests
Where—
(a) a request in accordance with section 12 is made to a department or
Minister of the Crown or organisation; and
(b) the information, or some of the information, to which the request
relates—
(i) is not held by the department or Minister of the Crown or organisation
but is believed by the person dealing with the request to be held by
another department or Minister of the Crown or organisation, or by a local
authority; or
(ii) is believed by the person dealing with the request to be more closely
connected with the functions of another department or Minister of the
Crown or organisation, or of a local authority,—
the department or Minister of the Crown or organisation to which the
request is made shall promptly, and in any case not later than 10 working
days after the day on which the request is received, transfer the request,
or relevant part of the request, to the other department or Minister of
the Crown or organisation, or to that local authority, and inform the
person making the request accordingly.
I note that you did not meet the statutory requirement, under section 14.
Official Information Act Request (pursuant to section 22 and 23):
Request 1:
I respectfully request all documents and information considered and the
reasoning for the decision to not meet the legislative time frame for the
transfer of my request.
Request 2:
I respectfully request all documents and information considered and the
reasoning for the decision to transfer a request of information which
under the Policing Act is held by the NZ Police as the information I have
sought is consistent with offences under the Summary Offences Act and the
Crimes Act (the jurisdiction of the NZ Police and Justice Department).
Regards,
Amy S Van Wey Lovatt

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New Zealand Police


Attachment Van Wey Lovatt Amy IR 01 20 19114 signed.pdf
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Kia ora Amy
 
Please see attached the response to your OIA Request.  We apologise for
the delay.
 
Kind regards
 
Rikki-Lee
PNHQ

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

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

Link to this

From: Amy S Van Wey Lovatt

Dear New Zealand Police,

Thank you very much for your response. However, I note the OIA does not refer to the holding of statistics, but any documents. Thus, your denial of my request on the grounds that the NZ Police does not hold these statistics is irrelevant.

Thus, I go back to my initial request. If there have been cases where there has been alleged a breach of section 20 of the summary offences act, or breaking and entering in a hospital, as recently reported at occurred in Wellington, <https://www.nzherald.co.nz/nz/news/artic...>, the NZ Police would have documentation. This may be in the form of a police report in their log book and a case summary file (case number) which would satisfy the definition of document held by an agency. I request these documents, with identifying details (name, address) redacted.

I do not require all documents pertaining to Trespass Notices, use of false credentials, or breaking and entering. Only the documents that relate to NZ DHBs.

Kindest regards,

Amy S Van Wey Lovatt

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New Zealand Police

Dear Ms Van Wey Lovatt
 
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 16 September 2020.
 
Your request is being actioned pursuant to the Act.
 
Kind regards
Fiona
Ministerial Services
PNHQ

 
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Amy S Van Wey Lovatt"
<[FOI #13196 email]>
Date: 16/09/2020 07:32AM
Subject: Re: OIA Response - IR-01-20-23204

Dear New Zealand Police,

Thank you very much for your response. However, I note the OIA does not
refer to the holding of statistics, but any documents. Thus, your denial
of my request on the grounds that the NZ Police does not hold these
statistics is irrelevant.

Thus, I go back to my initial request. If there have been cases where
there has been alleged a breach of section 20 of the summary offences act,
or breaking and entering in a hospital, as recently reported at occurred
in Wellington,
<[1]https://www.nzherald.co.nz/nz/news/artic...>,
the NZ Police would have documentation. This may be in the form of a
police report in their log book and a case summary file (case number)
which would satisfy the definition of document held by an agency. I
request these documents, with identifying details (name, address)
redacted.

I do not require all documents pertaining to Trespass Notices, use of
false credentials, or breaking and entering. Only the documents that
relate to NZ DHBs.

Kindest regards,

Amy S Van Wey Lovatt

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New Zealand Police


Attachment IR 01 20 27347 final response letter.pdf
2.4M Download View as HTML


Kia ora Samantha

 

Please find attached the response to your Official Information Act
request, received by NZ Police on 16 September 2020.

 

Kind regards,

Sarah

PNHQ

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

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

Link to this

New Zealand Police

Apologies for the incorrect name Amy. I will resend.
Kind regards,
Sarah 
PNHQ
-----[email address] wrote: -----
To: [FOI #13196 email]
From: [email address]
Date: 14/10/2020 03:18PM
Subject: OIA response IR_01-20-27347

Kia ora Samantha

 

Please find attached the response to your Official Information Act
request, received by NZ Police on 16 September 2020.

 

Kind regards,

Sarah

PNHQ(See attached file: IR-01-20-27347 final response letter.pdf)

[attachment "IR-01-20-27347 final response letter.pdf" removed by Sarah
Simmons/POLICE/NZ]

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

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

Link to this

New Zealand Police


Attachment IR 01 20 27347 final response letter.pdf
2.4M Download View as HTML


Kia ora Amy

 

Please find attached the response to your Official Information Act
request, received by NZ Police on 16 September 2020.

 

Kind regards,

Sarah

PNHQ

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

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

Link to this

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