Enforcement Guidance: Shared Custody & Childcare - Alert Levels 3 & 4
M Murphy 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). The requester can complain to the Ombudsman.
From: M Murphy
Dear New Zealand Police,
1) Please provide all enforcement guidance and/or policies provided to your staff around shared custody and children and accompanying guardians movement between regions in Alert Levels 4 & 3 to regions in Alert Level 2 or lower for the period 17 August 2021 to the present.
2) Please provide enforcement guidance and/or policies provided to your staff around whether or not this exemption allows parents or guardians with shared custody the ability to solely travel to collect or drop off their children in one trip. Or whether there is also leeway for parents to utilise this exemption to spend time with their children in a different Alert Level than their Alert Level of residence.
ie. Parent A resides in (Auckland) Alert Level 3, travels to Parent B's home in Alert Level 2, collects the children and then stays in alternative accomodation in Alert Level 2 with the children for a week prior to returning to their home in Alert Level 3.
Thank you.
Please specifically
Yours faithfully,
M Murphy
From: Ministerial Services
New Zealand Police
Kia ora M Murphy
I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 29 October 2021.
Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 26 November 2021.
Kind regards, Brittany
Ministerial Services PNHQ
-----Original Message-----
From: M Murphy <[FOI #17387 email]>
Sent: Friday, 29 October 2021 11:15 am
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Enforcement Guidance: Shared Custody & Childcare - Alert Levels 3 & 4
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear New Zealand Police,
1) Please provide all enforcement guidance and/or policies provided to your staff around shared custody and children and accompanying guardians movement between regions in Alert Levels 4 & 3 to regions in Alert Level 2 or lower for the period 17 August 2021 to the present.
2) Please provide enforcement guidance and/or policies provided to your staff around whether or not this exemption allows parents or guardians with shared custody the ability to solely travel to collect or drop off their children in one trip. Or whether there is also leeway for parents to utilise this exemption to spend time with their children in a different Alert Level than their Alert Level of residence.
ie. Parent A resides in (Auckland) Alert Level 3, travels to Parent B's home in Alert Level 2, collects the children and then stays in alternative accomodation in Alert Level 2 with the children for a week prior to returning to their home in Alert Level 3.
Thank you.
Please specifically
Yours faithfully,
M Murphy
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From: Ministerial Services
New Zealand Police
Tēnā koe M Murphy
I refer to your request of 29 October 2021 for the following information:
1) Please provide all enforcement guidance and/or policies provided to
your staff around shared custody and children and accompanying guardians
movement between regions in Alert Levels 4 & 3 to regions in Alert Level 2
or lower for the period 17 August 2021 to the present.
2) Please provide enforcement guidance and/or policies provided to your
staff around whether or not this exemption allows parents or guardians
with shared custody the ability to solely travel to collect or drop off
their children in one trip. Or whether there is also leeway for parents to
utilise this exemption to spend time with their children in a different
Alert Level than their Alert Level of residence.
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 16 December 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
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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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1. mailto:[email address]
From: M Murphy
Dear Ministerial Services,
Thank you. Look forward to hearing back from you by 16 December 2021.
Yours sincerely,
M Murphy
From: M Murphy
Good morning Sarah,
It is now 16th December 2021. Information requested on the 29th October 2021 is now extremely overdue which is strange given it should be easily accessible given the current situation.
What is the hold up here?
Yours sincerely,
M Murphy
From: Ministerial Services
New Zealand Police
Tēnā koe M Murphy
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 29 October 2021.
Ngā mihi,
Jeremy Stewart
Ministerial Services |
Strategy & Partnerships |PNHQ
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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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2. https://www.youtube.com/user/policenz
3. http://www.police.govt.nz/facebook
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From: M Murphy
Dear Ministerial Services,
With the greatest respect, you haven't answered my questions and the publicly available links to legislation, the Covid site and a screen grab of that site are not answers either. I fail to understand how you could possibly in good faith have required an extension under Section 15A(1) or Section 15A(1)(b) of the Official Information Act 1982 (OIA) to send me the response you have.
My questions are around enforcement guidance and policies provided to your staff. Not what that guidance and policies are based on.
Please respond to:
Question 1.
Please provide copies of any printed, emailed or otherwise distributed enforcement guidance and/or policies provided to your staff around shared custody and children and accompanying guardians movement between regions in Alert Levels 4 & 3 to regions in Alert Level 2 or lower for the period 17 August 2021 to 15 December 2021.
Question 2. Please answer the part of my question below that remains unanswered.
Please provide enforcement guidance and/or policies provided to your staff around whether or not there is also leeway for parents to utilise this exemption (the exemption to travel to collect or drop off children in shared custody situations) to spend time with their children in a different (lower) Alert Level than their Alert Level of residence. This part of my question was specifically in relation to the Auckland Border (now lifted).
I would appreciate you treating this request with priority given the length of time you have taken to do so is in breach of the Act.
Yours sincerely,
M Murphy
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