Advice given on issuing formal warnings

Andrew Geddis made this Official Information request to New Zealand Police

The request was successful.

From: Andrew Geddis

Dear New Zealand Police,

On April 25, stuff.co.nz published an article "A judge has ruled that police 'formal warnings' are illegal and akin to a conviction without trial" (https://www.stuff.co.nz/national/crime/1...). That article includes a quote attributed to the NZ Police: “In the interim, staff have been provided with information concerning the proper approach to formal written warnings.”

I request a copy of the information referred to in this article, being all information and advice provided to police staff regarding the issuing of formal written warnings following the decision in S v Commissioner of Police [2021] NZHC 743.

Yours faithfully,

Andrew Geddis
Faculty of Law
University of Otago
Dunedin
New Zealand

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From: Ministerial Services
New Zealand Police


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Tēnā koe Mr Geddis

 

I acknowledge receipt of your Official Information Act 1982 (OIA) request
below, received by New Zealand Police on 25 April 2021.

 

Your request is being actioned pursuant to the OIA.

 

You can expect a response to your request on or before 25 May 2021.

 

Ngā mihi
Sarah

Ministerial Services
New Zealand Police National Headquarters Wellington

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Link to this

From: Ministerial Services
New Zealand Police

Tçnâ koe Mr Geddis
 
I refer to your request of 25 April 2021 for the following information:

 

On April 25, stuff.co.nz published an article "A judge has ruled that
police 'formal warnings' are illegal and akin to a conviction without
trial"
(https://www.stuff.co.nz/national/crime/1...).
That article includes a quote attributed to the NZ Police: “In the
interim, staff have been provided with information concerning the proper
approach to formal written warnings.”

 

I request a copy of the information referred to in this article, being all
information and advice provided to police staff regarding the issuing of
formal written warnings following the decision in S v Commissioner of
Police [2021] NZHC 743.

 

I have been asked to advise you that Police requires an extension of time
in which to respond to your request, pursuant to section 15A(1) of the
Official Information Act (OIA). Specifically, section 15A(1)(b),
consultations necessary to make a decision on the request are such that a
proper response to the request cannot reasonably be made within the
original time limit.

 

Police require until 25 June 2021 to provide a substantive response to
your request.

 

You have the right, under section 28(3) of the OIA, to make a complaint to
an Ombudsman about this extension.

 

If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact
[1][email address].
 
Ngâ mihi
Julian
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

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Link to this

From: Ministerial Services
New Zealand Police

Tçnâ koe Mr Geddis

 

I refer to your request of 25 April 2021 for the following information:

 

On April 25, stuff.co.nz published an article "A judge has ruled that
police 'formal warnings' are illegal and akin to a conviction without
trial"
(https://www.stuff.co.nz/national/crime/1...).
That article includes a quote attributed to the NZ Police: “In the
interim, staff have been provided with information concerning the proper
approach to formal written warnings.”

I request a copy of the information referred to in this article, being all
information and advice provided to police staff regarding the issuing of
formal written warnings following the decision in S v Commissioner of
Police [2021] NZHC 743.

 

 

Unfortunately we unlikely to be able to meet the extended due date of 25
June 2021.

 

I can confirm that your request has been compiled and is currently
progressing through our internal consultation process.

 

Although I am unable to confirm a release date at this stage, in normal
circumstances this process can take up to eight working days.

 

Please accept our apologies for the delay in providing you with a response
to your query. We are endeavouring to provide this to you as soon as
possible.
 
Ngâ mihi
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: Ministerial Services
New Zealand Police


Attachment Geddis Andrew 01 21 13438 Final response.pdf
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Attachment Geddis Andrew IR 01 21 13438 final attachments.pdf
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Kia ora Mr Geddis

Please find attached the response to your Official Information Act
request, received by New Zealand Police on 25 April 2021.

Please accept our apologies for the delay in providing you with this
response.

Ngā mihi,

 

Penni

Penni Davenport |Ministerial Services Advisor

Strategy & Partnerships |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

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