13 April 2021
C133144
Bruce
[FYI request #14915 email] Tēnā koe Bruce
Thank you for your email of 6 August 2020, requesting information about David
Ross’ release from Rimutaka Prison in February 2020. Your request has been
considered under the Official Information Act 1982 (OIA).
For ease of response, we have divided your request into two parts.
You requested:
1) I request all communication plans, strategies and briefings (including
drafts) prepared prior to the release of former prisoner David Ross from
Rimutaka Prison on or around February 24 2020. Additionally I request
all advice given to staff at Rimutaka Prison regarding media activities
around Rimutaka Prison on 24/2/2020, as well as emails, texts, and
phone logs of calls between Rimutaka Prison staff and managers
(including Corrections-supplied cellphones) and Department of
Corrections head office on 24/2/2020 relating to the media activity
around the entrance to Rimutaka Prison and enquiries into the release of
David Ross.
Corrections is statutorily required to protect private information that we hold,
including information relating to the people we manage such as Mr Ross.
Additionally, the release of information regarding the release of a
prisoner/former prisoner would jeopardise the security of the prison. Therefore,
your request is refused in accordance with the following sections of the OIA:
• 9(2)(a), to protect the privacy of natural persons, including deceased
natural persons; and
• 6(c), as the making available of the information would be likely to
prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial.
As per section 9(1) of the OIA, we have also considered whether there are
countervailing public interest considerations favouring the release of the
requested information. We do not believe such considerations are present in
this case.
2) I also request any reports generated by the Department of Corrections
after Ross's release regarding media coverage of his release, and
communications plans or documents generated regarding any other OIA
requests made about the circumstances of Ross's release.
Attached as Appendix One are copies of Daily Media Summaries generated by
our communications team and sent to our internal staff, to outline requests for
information received by media. Where the summary includes queries pertaining
to Mr Ross, we have considered these documents within scope of your request
and provided them.
The names of the requestors have been withheld under section 9(2)(a) of the
OIA, to protect the privacy of natural persons. As per section 9(1) of the OIA, we
have also considered whether there are countervailing public interest
considerations favouring the release of the requested information. We do not
believe such considerations are present in this case.
Some information has also been excluded as it is outside the scope of your
request.
In addition, we have searched our electronic database for records of any further
OIA requests received regarding Mr Ross. We can confirm there are no further
requests for information outside of those summarised in the Daily Media
Summaries.
I trust the information provided is of assistance. Should you have any concerns
with this response, I would encourage you to raise these with Corrections.
Alternatively, you are advised of your right to raise any concerns with the Office
of the Ombudsman. Contact details are: Office of the Ombudsman,
Box 10152, Wellington 6143.
Yours sincerely
Robert Jones
Manager Ministerial Services
People & Capability
1982
Act
Information
Official
the
under
Released
Outside of Scope
1982
Act
Information
Official
the
under
Released
2
1982
Act
Information
Official
the
under
Released
1982
Act
Information
Official
the
under
Released
Outside of Scope
1982
Act
Information
Official
the
under
Released
2
Outside of Scope
1982
Act
Information
Official
the
under
Released
3
1982
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Information
Official
the
under
Released
Outside of Scope
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Information
Official
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Released
2
Outside of Scope
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Act
Media query: David Ross’ release time
Yesterday 53 (b)(i) -
TVNZ) asked what time David Ross will be released from Rimutaka
Prison and where medi
Information of a will be allowed to film when he is released.
Communications provided the following advice: for operational security and privacy reasons, we
cannot provide the time this prisoner will be released.
Filming is permitted in the area surrounding the prison provided you are not on prison property
Information
and you do not identify specific security measures at the prison. This includes close ups of
security features such as locks, cameras or fence lines. Wide angle shots of the general
structure are ok.
Outside of Scope
Official
the
Outside of Scope
under
Released
1982
Act
Information
Official
the
under
Released
Outside of Scope
1982
Act
Information
Official
the
under
Released
2
Outside of Scope
1982
Media query: David Ross’ release time
53 (b)(i) -
(TVNZ) asked if David Ross had been released from Rimutaka Prison yet.
Information of
Communic
ations initially responded that we could not provide information about the time the
Act
prisoner would be released for operational security and privacy reasons.
After David Ross had been released, we responded that the person was no longer in our
custody.
Outside of Scope
Information
Official
the
under
Released
3
Outside of Scope
1982
Act
Information
Official
the
under
Released
4
Document Outline
