Report on Warrantless searches under the Search & Surveillance Act segmented by smell of cannabis
Tom Atkinson made this Official Information request to New Zealand Police
The request was partially successful.
From: Tom Atkinson
Dear New Zealand Police,
I would very much like to be able to see a time series (10 years ideally) showing totals for Search & Surveillance 2012 Warrantless Searches (carried out).
The purpose is to understand the scale and magnitude of usage of this powerful warrantless search capability in general - to show the benefits to policing and justice hopefully, and what proportion of all searches involve the smell of cannabis as a cause of action or reasonable cause to effect the random or planned search of a car, house or business.
I'd need 4 or 5 dimensions to begin, yearly totals over a 10 year span:
1) total number of warrantless searches done (per year, past 8 to 10 years)
2) total number of convictions resulting from warrantless searches
3) total warrantless searches where the smell of cannabis was included as a reasonable cause
4) total number of convictions resulting from smell-based warrantless searches
5) total searches with a judge-signed warrant (for reference)
I think the bill had certain intentions but that it may not have been its purpose to crack down so heavily on cannabis users and growers. It is my belief the it has resulted in a disproportionate amount of suffering to this group of people relatively to other - less stinky - substances, that it might constitute a breach of section 65 of the Bill of Rights regarding Indirect Discrimination.
It is possible I may use this info to show a section 65 Indirect Discrimination bias in the police and justice system in an upcoming class action on the subject see: legalise.org.nz
Yours faithfully,
Tom Atkinson
New Zealand Police
Dear Mr Atkinson
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 30 September 2020.
Your request is being actioned pursuant to the Act.
Kind regards
Fiona
Ministerial Services
PNHQ
-----"Tom Atkinson" <[FOI #13879 email]>
wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Tom Atkinson" <[FOI #13879 email]>
Date: 30/09/2020 12:11AM
Subject: [EXTERNAL] Official Information request - Report on Warrantless
searches under the Search & Surveillance Act segmented by smell of
cannabis
CAUTION: This email originated from outside of the organization. Do not
click links or open attachments unless you recognize the sender and know
the content is safe.
Dear New Zealand Police,
I would very much like to be able to see a time series (10 years ideally)
showing totals for Search & Surveillance 2012 Warrantless Searches
(carried out).
The purpose is to understand the scale and magnitude of usage of this
powerful warrantless search capability in general - to show the benefits
to policing and justice hopefully, and what proportion of all searches
involve the smell of cannabis as a cause of action or reasonable cause to
effect the random or planned search of a car, house or business.
I'd need 4 or 5 dimensions to begin, yearly totals over a 10 year span:
1) total number of warrantless searches done (per year, past 8 to 10
years)
2) total number of convictions resulting from warrantless searches
3) total warrantless searches where the smell of cannabis was included as
a reasonable cause
4) total number of convictions resulting from smell-based warrantless
searches
5) total searches with a judge-signed warrant (for reference)
I think the bill had certain intentions but that it may not have been its
purpose to crack down so heavily on cannabis users and growers. It is my
belief the it has resulted in a disproportionate amount of suffering to
this group of people relatively to other - less stinky - substances, that
it might constitute a breach of section 65 of the Bill of Rights regarding
Indirect Discrimination.
It is possible I may use this info to show a section 65 Indirect
Discrimination bias in the police and justice system in an upcoming class
action on the subject see: legalise.org.nz
Yours faithfully,
Tom Atkinson
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #13879 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
the internet. Our privacy and copyright policies:
[2]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: DAVENPORT, Penni (Penni Davenport)
New Zealand Police
Good morning Mr Atkinson,
I refer to your request of 30 September 2020 for information regarding
warrantless searches.
I have been asked to let you know that Police requires an extension of
time in which to respond to your request, pursuant to section 15A of the
Official Information Act 1982, because the request necessitates a search
through large amounts of information and data such that a proper response
to the request cannot reasonably be made within the original time limit.
Police require until 2 November to provide a substantive response to your
request.
Kind regards,
Penni
Penni Davenport | Ministerial Services Advisor |Police National
Headquarters |
P 474 9526 Ext 44126
E [1][email address]
[2]cid:image001.png@01D56FD4.C10F4150
===============================================================
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
References
Visible links
1. mailto:[email address]
New Zealand Police
Kia ora Tom
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 30 September 2020.
Please accept our apologies for the delay in providing you with this
response.
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
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
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
All resources relating to 'Reasonable grounds' including guidelines and instructions
To New Zealand Police by S.I
Financial redress paid by NZ Police following police action or prosecution
To New Zealand Police by S.I
ANPR Surveillance (4) - Disclosure of AT's indefinite database of license plate locations to the Police
To Auckland Transport by M B
Tom Atkinson left an annotation ()
I initially requested this information directly via email (28 September) to stats and the police and was allocated reference number IR-01-20-29177. Two days later, I also requested via FIY, on 30 September, the same request. I am happy for the two requests to be joined and both/it made public.
Link to this