Delay in publication of the annual TOR summary report covering 2019
Mark Hanna made this Official Information request to New Zealand Police
The request was successful.
From: Mark Hanna
Tēnā koutou,
I am awaiting the publication of the annual TOR summary report covering 2019.
In previous correspondence (reference IR-01-20-15004) I was told on 9 July 2020 that "The [annual TOR summary] report covering 2019 data is expected to be made available sometime in July".
However, July has now ended and as far as I have been able to tell the 2019 TOR summary report has not yet been published. I had expected to find it published on this page on the Police website: https://www.police.govt.nz/about-us/publ...
In the same chain of correspondence, I was also told that information I had requested under the OIA would be publicly available soon, because it would be included in the 2019 TOR summary report. As I am sure you will be aware, the Office of the Ombudsman’s guideline on section 18(d) of the OIA, which was given as the reason why Police refused my request, outlines that:
“As a general rule of thumb, release more than 8 weeks after the refusal is unlikely to be considered ‘soon’.”
Please release the following information:
1. When the annual TOR summary report covering 2019 is currently anticipated to be published.
2. The reasons why the publication of this report has been delayed from July 2020.
Please provide this information in an accessible, searchable format.
Ngā mihi,
Mark Hanna
New Zealand Police
Good afternoon Mr Hanna,
I acknowledge receipt of your Official Information Act request received
on 3 August 2020.
Your request is being actioned pursuant to the Act.
Kind regards,
Penni
Ministerial Services
PNHQ
-----"Mark Hanna" <[FOI #13439 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FOI #13439 email]>
Date: 03/08/2020 08:39AM
Subject: Official Information request - Delay in publication of the annual
TOR summary report covering 2019
Tēnā koutou,
I am awaiting the publication of the annual TOR summary report covering
2019.
In previous correspondence (reference IR-01-20-15004) I was told on 9 July
2020 that "The [annual TOR summary] report covering 2019 data is expected
to be made available sometime in July".
However, July has now ended and as far as I have been able to tell the
2019 TOR summary report has not yet been published. I had expected to find
it published on this page on the Police website:
[1]https://www.police.govt.nz/about-us/publ...
In the same chain of correspondence, I was also told that information I
had requested under the OIA would be publicly available soon, because it
would be included in the 2019 TOR summary report. As I am sure you will be
aware, the Office of the Ombudsman’s guideline on section 18(d) of the
OIA, which was given as the reason why Police refused my request, outlines
that:
“As a general rule of thumb, release more than 8 weeks after the refusal
is unlikely to be considered ‘soon’.”
Please release the following information:
1. When the annual TOR summary report covering 2019 is currently
anticipated to be published.
2. The reasons why the publication of this report has been delayed from
July 2020.
Please provide this information in an accessible, searchable format.
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:
[FOI #13439 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:
[2]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:
[3]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.
show quoted sections
From: Mark Hanna
Tēnā koe,
It has now been more than 20 working days since Police received my request for information, but I have not yet received any response. I would like to remind you that Police has a legal obligation under the Official Information Act to respond to requests for official information as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request was received.
If a decision cannot be made and communicated in this time, the OIA has provisions through which the deadline can be extended, but any such extension must also be communicated within 20 working days of the request having been received. I have received no such communication.
I understand that Police published the annual TOR summary report covering 2019 no later than Friday August 21, which was now 8 working days ago. However, part 2 of my request still requires a response.
Please send Police's response to my request immediately. If this is not possible, then please tell me when I should expect to receive Police's response to my request.
Please also explain the reason for this unlawful delay, and why I was not informed when Police became aware that it would not be meeting its legal obligation to communicate their decision on my request within 20 working days.
Ngā mihi,
Mark Hanna
New Zealand Police
Dear Mr Hanna
Please find attached our response to your OIA request.
Please accept our apologies for the delay in providing you with a
response.
Kind regards
Fiona
Ministerial Services
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
From: Mark Hanna
Tēnā koe,
Thank you for your response, however I don't think you have provided an adequate answer to part 2 of my request. It was clear, already, that the delay was due to part of the process having taken longer than expected. I don't believe this is meaningfully different from saying that the process was delayed. I still do not know the reasons for the delay, which is the information I have requested.
I appreciate that you have specified that the review and consultation process in finalising the report was at the core of this delay. I believe it is clear that the reasons for this process having taken longer than expected falls within the scope of my request.
For example, was there some consultation that had to happen face to face, but which was delayed due to the COVID-19 alert levels? Or perhaps the review process was delayed because a staff member who was necessary to complete the review took sick leave?
I will be laying a complaint with the Office of the Ombudsman, but I hope you will reconsider your response without waiting to hear from them.
Ngā mihi,
Mark Hanna
Mark Hanna left an annotation ()
I have laid a complaint with the Office of the Ombudsman.
New Zealand Police
Kia ora Mark
Our apologies for the delay.
Your response has been released to you.
Kind regards
Hannah
Ministerial Services
PNHQ
-----"Mark Hanna" <[FOI #13439 email]> wrote:
-----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mark Hanna" <[FOI #13439 email]>
Date: 02/09/2020 01:51PM
Subject: Re: Official Information request - Delay in publication of the
annual TOR summary report covering 2019
Tēnā koe,
It has now been more than 20 working days since Police received my request
for information, but I have not yet received any response. I would like to
remind you that Police has a legal obligation under the Official
Information Act to respond to requests for official information as soon as
reasonably practicable, and in any case not later than 20 working days
after the day on which the request was received.
If a decision cannot be made and communicated in this time, the OIA has
provisions through which the deadline can be extended, but any such
extension must also be communicated within 20 working days of the request
having been received. I have received no such communication.
I understand that Police published the annual TOR summary report covering
2019 no later than Friday August 21, which was now 8 working days ago.
However, part 2 of my request still requires a response.
Please send Police's response to my request immediately. If this is not
possible, then please tell me when I should expect to receive Police's
response to my request.
Please also explain the reason for this unlawful delay, and why I was not
informed when Police became aware that it would not be meeting its legal
obligation to communicate their decision on my request within 20 working
days.
Ngā mihi,
Mark Hanna
show quoted sections
From: Response & Operations
New Zealand Police
Hi Mark,
Please find attached the updated response relating to the release of the
Annual TOR report.
Thanks,
Nicholas
RESPONSE AND OPS GROUP
Police National Headquarters
180 Molesworth Street, Wellington
===============================================================
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
Mark Hanna left an annotation ()
It sounds like the reason for this delay is that the people responsible for conducting that review and providing that feedback had "competing work priorities across the business", which I think is reasonable to interpret as meaning that the report was delayed because it wasn't considered a high enough priority by Police.
Given this report has been published for months now, it doesn't feel worthwhile for me to continue to pursue this, for example by asking which people or groups specifically were responsible for the delay due to their competing responsibilities.
But it is concerning, given this is not the first time the publication of an annual TOR report has been delayed by months, because it sounds like this sort of delay could be expected every year unless Police place greater importance on their transparency and accountability obligations here.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this requestAct on what you've learnt
Similar requests
When is the annual TOR report covering 2018 due to be published?
To New Zealand Police by Mark Hanna
Mark Hanna left an annotation ()
The annual TOR summary report covering 2019 was published last Friday: https://www.police.govt.nz/about-us/publ...
Link to this