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

Currently waiting for a response from New Zealand Police, they must respond promptly and normally no later than (details and exceptions).

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

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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
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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
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From: DAVENPORT, Penni (Penni Davenport)
New Zealand Police


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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 

 

 

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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.

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