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 partially 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

Link to this

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

Link to this

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

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

Link to this

New Zealand Police


Attachment Hanna Mark IR 01 20 21894 OIA Response.pdf
2.3M Download View as HTML


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

Link to this

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

Link to this

Mark Hanna left an annotation ()

I have laid a complaint with the Office of the Ombudsman.

Link to this

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

Link to this

Things to do with this request

Anyone:
New Zealand Police only: