13 October 2021
REF: IR-01-21-26923
Pryce Payne
[FYI request #16614 email]
Dear Pryce
Thank you for your Of icial Information Act 1982 (OIA) request dated
3 September 2021 regarding the attack that took place at Countdown Lynnmall
on 3 September 2021. My response to each part of your request can be found
below.
Recently (3/09/21) there was a fatal shooting by an "undercover police
officer" according to media reports after a suspect stabbed 6(?) civilians in
a countdown supermarket. I would like to request the subsequent report
of the officer following this incident.
The shooting that occurred at Countdown Lynnmall on 3 September 2021 is
subject to an Independent Police Conduct Authority (IPCA) investigation, and an
inquest in the Coroners Court. As such, your request for the report relating to the
shooting incident is refused under section 6(c) of the OIA, as release 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.
I would also like to request the type of surveil ance, …
Many aspects of covert policing and particularly surveil ance are sensitive
policing tactics which we closely guard. This ensures that criminals cannot take
steps to defeat our investigation techniques. Further, it would not be in the
public’s long-term interests if police or others were to publicly disclose covert
tactics or tradecraft. To ensure we can prevent crime and harm we need to keep
much of this activity away from undue publicity. Intrusive surveillance techniques
are used under the authority of the Search and Surveillance Act 2012 and are
generally used where persons are suspected of involvement in serious criminal
offending, including terrorism related offending. Surveillance provides police with
evidence that often links a suspect to that offending.
In respect of your request for the type of surveil ance undertaken in this instance,
release of this information would disclose sensitive policing tactics. Therefore,
your request is refused under section 6(c) of the OIA, as release of the
information would be likely to prejudice the maintenance of the law, including the
prevention, investigation, and detection of offences.
… time he was under surveil ance, …
I can confirm that the individual was subject to a variety of surveil ance methods
on an intermittent basis between 2016-2018, and for the period from his release
from custody on 13 July 2021 until 3 September 2021.
… why he was under surveil ance …
This portion of your request is refused under section18(d) of the OIA as the
information is publicly available. I would direct you to several publicly released
documents which provide information relevant to your question. I have provided
links to three of these documents below:
https://www.courtsofnz.govt.nz/assets/cases/2021/R-v-S-summary.pdf
https:/ www.immigration.govt.nz/about-us/media-centre/media-
releases/immigration-history-and-processes-relating-to-the-new-lynn-terrorist
https:/ www.corrections.govt.nz/news/2021/corrections_statement_regarding_the
_management_of_terror_attack_of ender
The final portion of your question, asking ‘
what prevented you from arresting him
prior’ seeks an explanation from Police. It is important to note that the OIA does
not require agencies to form an opinion or create information in response to
requests. This part of your request is therefore refused pursuant to section 18(g)
of the OIA as the requested information is not held and Police has no reason to
believe it is held by another agency. In a general sense, Police are required to
have evidential sufficiency of an offence before a person can be charged. What
constitutes evidential sufficiency is outlined in the Solicitor General Prosecution
Guidelines which can be viewed at the following link:
https:/ www.crownlaw.govt.nz/assets/Uploads/Prosecution-
Guidelines/ProsecutionGuidelines2013.pdf
The IPCA, the Of ice of the Inspectorate at the Department of Corrections, and
the Inspector-General of Intelligence and Security have agreed to conduct a
coordinated review of the actions of New Zealand Police, the Department of
Corrections and the New Zealand Security Intelligence Service leading up to the
attack at New Lynn Countdown on 3 September 2021.
It is intended that the review wil be completed and reported on by mid-March
2022. Terms of reference for the review are available at the following link:
https:/ www.ipca.govt.nz/Site/publications-and-media/2021-media-releases/2021-
sep-16-co-ordinated-review-new-lynn-countdown.aspx
You have the right, under section 28(3) of the OIA, to ask the Ombudsman to
review my decision if you are not satisfied with the way I have responded to your
request.
Yours sincerely
D C Lynch
Detective Superintendent
New Zealand Police
