Tactical Options Reporting Data January-December 2020

Mark Hanna made this Official Information request to New Zealand Police

Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Mark Hanna

Tēnā koe,

On five previous occasions (ref 16/11336, 16/7758/11, IR-01-18-5190, IR-01-20-34818, and IR-01-21-12630), NZ Police has released tactical options reporting (TOR) data under the Official Information Act for periods between 1 July 2016 and 31 December 2019.

The most recent TOR data released under the OIA, covering 1 January - 31 December 2019, was released in a spreadsheet format with some columns removed and some others recoded.

I understand that the decisions about which information to withhold and which information to recode were made in consultation with the Office of the Ombudsman, to reach a compromise that would satisfy the scope of my earlier request for TOR data covering 2018 in a way that was achievable by Police.

I understand that some cleaning of this data is typically done as part of the process of preparing the annual TOR summary reports. Though the summary report covering 2020 appears to have been delayed, with the report covering 2019 having been published in August 2020, I see that 2020 TOR data has been used to produce the report “Research into tactical options in the current policing environment”.

I’m not sure why the TOR summary report covering 2020 has been delayed, but I expect the 2020 TOR data has likely been cleaned as part of the process of producing this other tactical options research report. I hope that means this data cleaning work wouldn’t need to be pulled ahead of schedule in order to prepare the TOR data covering 2020 for release under the OIA.

Please release the following information:

1. TOR data for the 1 January - 31 December 2020 reporting period, in the same format as was released for the January-December 2019 reporting period (ref IR-01-21-12630).

Please also explain any relevant caveats that should be kept in mind when analysing this information.

Please provide all information, including the response letter, in an accessible, searchable format. Please provide the TOR data in a machine-readable format such as CSV or XLSX. I’d be happy if the XLSX format that has been used to release the data covering 2019 is used again.

If any part of my request is unclear, please don't hesitate to contact me.

Ngā mihi,
Mark Hanna

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Mark Hanna left an annotation ()

Here is a link to the "Research into tactical options in the current policing environment" report I mentioned in my request: https://www.police.govt.nz/about-us/publ...

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From: Ministerial Services
New Zealand Police

Tēnā koe Mark

I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 1 October 2021

Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 1 November 2021

Kind regards, Michelle
Ministerial Services PNHQ

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From: Mark Hanna

Tēnā koe Michelle,

Thanks for your acknowledgement of my request.

Sorry, I've just noticed that I used the wrong name in my request for the recent report that I mentioned. "Research into tactical options in the current policing environment" is the name of the page on the NZ Police website where the report has been made publicly available, but the name of the report itself is "Appropriate Tactical Settings".

Ngā mihi,
Mark Hanna

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From: Ministerial Services
New Zealand Police

Kia ora Mark

No problem, I have advised this to the responding workgroup.

Kind regards, Michelle

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From: Ministerial Services
New Zealand Police


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Tēnā koe Mark

 

I refer to your request of 1 October 2021 for the following information:

1. TOR data for the 1 January - 31 December 2020 reporting period, in the
same format as was released for the January-December 2019 reporting period
(ref IR-01-21-12630).

 

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  1982 (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 requires until 1 December 2021 to provide a substantive response to
your request. We are endeavouring to provide this to you as soon as
possible.

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].

 

Ngā mihi
Sarah

Ministerial Services
New Zealand Police National Headquarters Wellington

[2]wordmark transparent                   

 

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subject to the provisions of section 50 of the Policing Act 2008, which
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are not the intended recipient of this message or have received this
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From: Ministerial Services
New Zealand Police


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Tēnā koe Mark

 

I refer to your request of 1 October 2021 for information relating to TOR
data.

 

Unfortunately we will not be able to meet the extended due date of 1
December 2021.

 

I can confirm that a response to your request is being drafted and will
then progress through our internal consultation process. I am unable to
confirm a release date at this stage.

 

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.

 

Ngā mihi
Sarah

Ministerial Services
New Zealand Police National Headquarters Wellington

[1]wordmark transparent                  

 

 

===============================================================

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

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Mark Hanna left an annotation ()

This is clearly unacceptable, I will be complaining to the Ombudsman.

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From: Mark Hanna

Tēnā koe,

I am disappointed to hear that Police will not be meeting their legal obligations with regard to this request. As you and I both know, this delay is unlawful. I am sure this is not a situation that Police wants to find itself in, however it has a duty to uphold the law.

I feel as though I have been kept largely in the dark as to the progress of this request.

While I appreciate that the notice of extension of the due date to this request was communicated to me a few days ahead of the original due date, I was still given no more detail as to the reason why such a length extension was necessary than the standard boilerplate vaguely asserting that "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".

Now, the notice that the response to my request is delayed by some unspecified amount of time has only been communicated to me on its extended due date.

I have been told by Police in the past that the internal signoff process for OIA requests can take “up to eight working days”, and I have seen it take even longer on occasion. If the response to my request has not even begun this process yet, then it seems very unlikely to me that Police only realised today that the legal deadline for its response would not be met.

I understand that sometimes there may be unpredictable developments during the course of a request, but surely it would not be difficult to keep requesters such as myself better informed about developments like this?

I have seen Police send several similar apologies to other requesters on FYI.org.nz recently, which makes me wonder if this is a symptom of Police's continued lack of adequate resourcing for the PNHQ OIA team to handle their workload. I hope the complaint I will be laying with the Ombudsman about this unlawful delay might lead to changes that will assist Police to avoid similar failures in the future.

I hope you can understand the additional concern I hold about the delay of the release of this particular information, given the annual summary report Police normally publishes on its use of force is now many months late commpared with previous years. Public scrutiny of Police use of force is a critical part of its accountability.

I hope the response to this request will be prioritised appropriately so that this unlawful delay will be as short as possible.

Ngā mihi,
Mark Hanna

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Mark Hanna left an annotation ()

Last night, Police published their annual use of force summary report based on the data I had requested here.

I find the timing of this publication quite suspicious, and I have asked the Ombudsman to extend the grounds of my complaint to include an investigation into the legitimacy of Police's extension to my request.

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Things to do with this request

Anyone:
New Zealand Police only: