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Disclosing personal and official information
This chapter contains the below topics:
Summary
Disclosure under the Privacy Act 1993
Disclosure under the Official Information Act 1982
Charging for providing official information
Criminal Records (Clean Slate) Act 2004
Policing work subject to the clean slate scheme
Exceptions to the clean slate scheme
Other relevant Acts
How the Acts inter-relate
Decision-making flowchart
Requests from individuals seeking information about themselves
When to withhold information from individuals
Requests from individuals for non-personal (official) or third party information
When to withhold non-personal (official) or third party information
Requests from government departments or agencies
Requests from media
Requests for information held on NIA or Police-related systems
Other common requests
Voluntary disclosure by Police
Criminal disclosure
Sample letters for responding to requests
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Summary
Introduction
This chapter:
• provides guidance on voluntarily disclosing or responding to requests for official and
personal information from individuals, government departments and other agencies
and organisations
• explains the law you must consider before disclosing information
• details the Police procedures you must follow, including sample letters to help you
respond to requests.
For information on disclosing information to the defence before trials, see the
Criminal
disclosure chapter in the Police Manual.
Legislation governing disclosure
Your decision whether to disclose information, what to disclose and when, may be
governed by:
•
Privacy Act 1993
•
Official Information Act 1982
•
Criminal Records (Clean Slate) Act 2004
•
Criminal Disclosure Act 2008, or
• other legislative provisions that require or allow disclosure.
Your responsibility to respond to disclosure requests
A response to a request for information is mandatory, even if no information is disclosed.
Failure to respond at all, or failure to respond according to the legislative requirements,
may:
• lead to a complaint being made to the Privacy Commissioner or the Office of the
Ombudsmen
• result in proceedings being brought before the Human Rights Review Tribunal.
A finding that Police has interfered with an individual's privacy can result in substantial
damages being awarded against Police.
Who to contact for further information or advice
If, after reading this chapter, you need further information or advice, contact the:
• District O/C File Management Centre, or
•
PNHQ Executive & Ministerial Services, or
•
District or PNHQ Legal advisers
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Disclosure under the Privacy Act 1993
Introduction
This section explains:
• the purpose of the Privacy Act in protecting personal information
• the provisions to be considered before responding to a request.
Personal information defined
“Personal information” means any information about an identifiable person.
(s2 Privacy Act 1993)
Why the Privacy Act was introduced
The Privacy Act was introduced to promote and protect individual privacy. It establishes
certain principles relating to the collection, use and disclosure by
agencies of information
relating to individuals.
The Privacy Act also provides individuals with the right to request access to their
information (but not to possess or remove original documents) and to request correction
if they consider it to be incorrect.
NZ Police is an “agency”
As New Zealand Police is an agency as defined by
section 2 of the Act all Police
employees must understand their obligations with regard to handling information.
Information held by an employee of an agency in their capacity as an employee is
deemed to be held by the agency itself
(s3(1)).
Responsibilities of an agency
For the purposes of the Privacy Act, an action done by, or information disclosed to, a
person employed by or in the service of an agency in the performance of their
employment duties shall be treated as having been done by, or disclosed to, the agency
(s4). This means that Police is responsible for the actions of its employees in the performance
of their duties. This is also reflected in section
126(1), which states that an employee’s
actions are deemed to be those of the employer whether or not the employer knew or
approved of the employee’s actions.
However Police may have a defence if it can prove that reasonably practicable steps
(such as training) were taken to prevent the employee breaching any provision in the
Privacy Act.
Information privacy principles
Section 6 of the Act sets out twelve information privacy principles. They are “rules”,
some with exceptions, dealing with matters relating to access to information and the
collection, storage and security, correction, accuracy, retention, use and disclosure of
personal information held by agencies.
Most relevant principles for Police
This table outlines the three information privacy principles most relevant to Police.
Information privacy
Description
principle (IPP)
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Information privacy
This principle covers requests by individuals for information
principle 6 -
about themselves.
Entitlement to access
personal information
You will most often deal with this principle.
Information Privacy
Under this privacy principle a person may request the
Principle 7 –
correction of personal information held about them by an
Entitlement to request
agency. If Police is not willing to make the correction
correction to personal
sought, a statement of correction provided by the requester
information
must be attached to the information.
Information Privacy
This privacy principle puts limits on when an agency may
Principle 11 –
disclose information unless it is permitted by an exception.
Disclosure by an agency It also governs voluntary disclosures and the release of
information in the absence of a request.
Form of the request
Requests can be oral or in writing. It is preferable that requests are in writing, (and
requesters can be asked to put their request in writing) but Police cannot require it. (Ask
requesters to complete a
Request for information held by Police). You have an obligation to assist a requester so that their request is made in the correct
manner or to the appropriate agency
(s38). Making the information available
If the requester asks for information to be provided in a particular way, it must be
provided in that way unless doing so would:
• impair efficient Police administration, or
• be contrary to a legal duty of the Police in respect of the document, or
• prejudice the interests protected by the withholding grounds in sections 27, 28 or 29
of the Act and, in the case of section 28, there is no countervailing public interest.
If you are not able to provide the information in the manner requested, you must
provide the requester with the reason and, if requested, the grounds for that reason,
unless doing so would prejudice the interests referred to above
(s42). Note: Follow the procedures in the
Electronic redaction chapter when part(s) of
information provided electronically is withheld. These procedures ensure the information
blanked out cannot be restored or the document modified by the recipient.
Transferring personal information requests
When the personal information requested is not held by Police but is believed by the
person dealing with the request to be:
• held by another agency, or
• more closely connected with the functions of another agency…
…Police must, not later than 10 working days after the day on which the request is
received, transfer the request to the other agency, and inform the requester of that
transfer
(s39).
Time limits and extensions (personal information)
Requests must be processed and a decision made on whether and how to grant it and
the requester notified accordingly as soon as reasonably practicable, but not later than
20 working days from the day after the request is received
(s40).
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If you cannot communicate the decision within the 20 day limit, consider whether you
need to notify an extension. Note that undue delay is deemed to be a refusal
(s66(4)). When you can have an extension
If the decision whether to disclose the information cannot be made within the time limit
(20 working days), that limit can be extended when:
• the request is for a large amount of information or requires you to search a large
quantity of information, and meeting the limit would unreasonably interfere with
Police operations, or
• a decision on the request requires such consultation that it cannot reasonably be
made within the 20 working day limit.
The extension period must be reasonable in the circumstances and be notified before the
20 working day limit expires.
(s41) How to notify an extension
Notify the requester of:
• the period of the extension (a good rule of thumb is 20 working days, bu
t contact the
Privacy Office at PNHQ if this will not be adequate time)
• reasons for it
• their right under section
67 to complain to the Privacy Commissioner
• any other relevant information.
For a standard letter notifying an extension see
Notification of extension. Urgent requests
If the requester wants the request dealt with urgently, they must give reasons for this
(s37). You should do your best to respond with urgency.
Withholding information
Requests for personal information may be refused entirely or in part. The grounds for
withholding information are listed in sections
27 to
29 of the Privacy Act 1993.
For more information on withholding information under the Privacy Act, see
When to
withhold information about the individual. Limits on charging for providing personal information
You must not charge people for providing them with personal information, unless this is
specifically allowed for in statute
(s35).
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Disclosure under the Official Information Act 1982
Introduction
This section explains:
• when the Official Information Act applies
• the provisions you must consider before responding to a request.
Official information defined
In summary, “official information” is any information held by a Department, a Minister of
the Crown in their official capacity, or an organisation. It includes any information held
outside New Zealand by any branch or post of a Department or organisation
(s2(1)
Official Information Act 1982).
When the Official Information Act applies
All requests made to a public sector agency for information that is
not about the
requester must be considered under the Official Information Act 1982.
The Act only applies in response to a request.
Principle of availability
Official information requested under the Official Information Act must be provided unless
there is good reason for withholding it
(s5). The grounds for withholding information under the Act are set out in sections
6 to
9 and
section
18.
Privacy interest
One of the purposes of the Official Information Act 1982 is to “protect official information
to the extent consistent with the public interest and the preservation of personal
privacy”. Accordingly, one of the permitted reasons for withholding information is to
protect privacy interests.
You may withhold information to protect the privacy of natural persons, unless, in the
circumstances of the particular case, the withholding of that information is outweighed
by other considerations which render it desirable, in the public interest, to make that
information available
(s 9(2)(a)). For further information about balancing the privacy and public interest in making
information available, see
When to withhold non-personal (official) or third party
information in this chapter.
Who can make a request
A request can be made by:
• a New Zealand citizen
• a person who is a resident or is in New Zealand
• a body corporate incorporated in New Zealand or having a place of business in New
Zealand.
(s 12)
The form of the request
Requests can be made in writing or orally. You cannot require that the request be
written, but can ask the requester to put their request in writing. (Ask them to complete
a
Request for information held by Police).
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You have an obligation to provide assistance.
Information requested must be specified with due particularity. If you receive a vague
request, go back to the requester and ask for it to be clarified (
s12). Making official information available
Official information may be made available by:
• allowing the person to inspect the original document
• providing the person with a copy of the document
• allowing the person to listen to an audio recording or watch a video recording
• providing a written transcript
• giving a summary of the contents
• telling the person about its contents.
If the requester asks for the information to be provided in a particular way, it must be
provided in that way unless doing so would:
• impair efficient Police administration, or
• be contrary to a legal duty of the Police in respect of the document, or
• prejudice the interests protected by sections
6, 7 o
r 9 of the Official Information Act
and, in the case of section 9, there is no countervailing public interest.
If you are unable to provide the information in the way requested, give the requester the
reason and, if requested, the grounds for that reason, unless doing so would prejudice
the interests referred to above.
(s16) Note: Follow the procedures in the
Electronic redaction chapter when part(s) of
information provided electronically is withheld. These procedures ensure the information
blanked out cannot be restored or the document modified by the recipient.
Transferring official information requests
When the information requested is not held by Police but is believed by the person
dealing with the request to be:
• held by another organisation, or
• more closely connected with the functions of another organisation…
…you must, not later than 10 working days after the day on which the request is
received, transfer the request to the other organisation, and inform the requester of the
transfer
(s14).
Time limits and extensions (official information)
The request must be processed and a decision made on whether and how to grant it and
the requester notified accordingly, as soon as reasonably practicable but not later than
20 working days from the day after the request is received
(s15(1)).
When you can have an extension
If the decision whether to disclose official information cannot be made within the time
limit (20 working days), that limit can be extended when:
• the request is for a large volume of material or necessitates searching through a large
quantity of information, and meeting the time limit would unreasonably interfere with
Police operations, or
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• consultations on the decision are required and as a result a proper response cannot
reasonably be made within the original time limit.
The extension period must be reasonable in the circumstances and be notified before the
20 working day limit expires.
(s15A). How to notify an extension
Notify the requester of:
• the period of the extension (a good rule of thumb is 20 working days, but contact the
Privacy Office at PNHQ if this will not be adequate time)
• reasons for it
• their right under section
28(3) to complain to the Office of the Ombudsmen.
• any other relevant information.
(s 15A(4)). For a standard letter notifying an extension see
Notification of extension. Urgent requests
If the requester wants their official information request dealt with urgently, they must
give reasons for the urgency
(s12(3)). You should do you best to respond with urgency.
Statutory protection when releasing information in good faith
If information is released in good faith in response to a request under the Official
Information Act, you have statutory protection against civil and criminal proceedings
(s
48).
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Charging for providing official information
Right to charge for official information
Under section
15, requesters may be charged for information supplied, but in reality
Police rarely imposes a charge. (Note that there is no right to charge for providing
personal information unless a statute specifically provides for that).
If Police want to charge for supplying official information, any charge fixed:
• must be reasonable
• may have regard to the cost of the labour and materials involved in making the
information available, and to any costs incurred due to a requester's request to make
the information available urgently.
Calculating charges
The
Charging Guidelines for Official Information Act 1982 Requests issued by the
Ministry of Justice:
• provide a basis for assessing a reasonable charge for Official Information Act requests
• give an indication of factors which may be relevant when assessing whether it is
reasonable to charge for the supply of information.
This table outlines key charges recommended in the guideline.
Item
Charge rate or policy
Staff time spent
The first hour is free. Additional time spent should be
processing a request
charged at a maximum of $38 for each half hour or part
thereof.
Aggregate staff time can include searching for, abstracting
and collating, copying and transcribing, retrieving
information, but not time spent locating information that
was mislaid or incorrectly filed.
If the request is for access only, the time can include
searching for, locating and retrieving the information and
supervising the access.
Photocopying
Charge at the rate of 20 cents for each page after the first
20 pages.
This applies only to standard A4 sized paper. Non-standard
size should be charged at cost.
GST
Include GST in all charges. Do not impose GST as an extra
charge.
Other charges including:
Fix charges at an amount that recovers the actual costs
• providing documents
involved.
on CD
• retrieving information
off-site
• reproducing
photographs, films,
videos and audio
recordings
• arranging to hear
audio or view video
recordings.
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What you cannot charge for
Charges cannot be fixed for time spent or expenses (including legal expenses) incurred
deciding on whether or not or to what extent information can be made available.
Charges relate only to the costs incurred in processing the request.
For example, time spent on the decision to delete withheld information is not chargeable
but time spent on the physical editing is chargeable.
Informing the requester of charges
Inform the requester of:
• the method used to calculate the charge
• their right to have an Ombudsman review the proposed charge.
For an example of a letter recording how a charge has been calculated, see
Letter
explaining charges. Make sure you keep a copy of the letter so that you know how the
charge was arrived at.
Waiving the fee
You can reduce or waive the charge in special circumstances. These may include:
• the inconvenience of imposing a charge
• the small amount by which the margins for aggregate time or photocopying are
exceeded
• when the charge would cause financial hardship
• when the charge would impact badly on public relations.
Deposit
You can require a deposit if the charge is likely to exceed $20 or you need an assurance
that resources are not being wasted. In general, the deposit must be received before
work on the request is begun. Any unused portion of a deposit must be refunded. Notify
the requester of the:
• amount of the deposit
• method of calculation
• likely total charge.
Alternatively in some instances it may be necessary to ask the requester to pay the
amount of the charge before the request is processed.
Accounting procedures
Usual accounting procedures must be complied with.
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Criminal Records (Clean Slate) Act 2004
About the clean slate scheme
The clean slate scheme, governed by the
Criminal Records (Clean Slate) Act 2004 (CSA),
offers individuals who satisfy the
eligibility criteria (eligible individuals) the right to have
their criminal record and information about it concealed by government departments and
law enforcement agencies. The person is deemed to have no criminal record for the
purposes of any question asked about their criminal record.
There are some exceptions to the CSA allowing Police to use or disclose full criminal
records in many areas of Police work regardless of whether the person qualifies to have
their criminal record concealed.
Even if the use or disclosure of a person’s criminal record is permitted under the CSA,
there may be other limitations on the use or disclosure of that information under the
Privacy Act 1993 or the Official Information Act 1982.
Note that non-compliance with the CSA could result in a
severe penalty.
For further information see
Policing work subject to the Clean Slate Scheme and
Exceptions to the clean slate scheme in this chapter.
Definition of a criminal record
The definition of criminal record (
s4 CSA) is broad and is not limited just to criminal
convictions but includes other associated information. It would include for example,
information about criminal records such as notings, prisoner photographs, fingerprint
records or family violence records.
Eligibility for the clean slate scheme
The Ministry of Justice (MOJ) administers the clean slate scheme. If you receive a
request from an individual asking if they are “eligible” refer the requester t
o MOJ.
Eligibility criteria
To be eligible under section
7 for the clean slate scheme, a person must meet
all these
eligibility criteria:
• No convictions within the last 7 years.
• Never been sentenced to a custodial sentence. (This includes corrective training,
preventive detention, imprisonment served by home detention, and any other
sentence requiring the individual's full-time detention.
• Never been ordered by a court following a criminal case to be detained in a hospital,
due to a mental condition, rather than being sentenced.
• Never been convicted of a “specified offence”. These offences are listed in section
4
and include rape, indecent assault and sexual offending against vulnerable people
such as children and young people or mentally impaired persons.
• Has paid in full any fine, reparation or costs ordered by the court in a criminal case.
• Never been indefinitely disqualified from driving under section 65 of the Land
Transport Act 1998 or section 30A of the Transport Act 1962.
Once an individual meets all of the criteria, they are automatically an “eligible individual”
and entitled to the benefits under the CSA. They do not need to make a specific
application. In the same way, however, if they are subsequently convicted of an offence,
the individual is no longer an “eligible individual” until they once again meet all of the
eligibility criteria.
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Applications to reduce time or disregard a specified offence
It is possible for a person to apply to a court to have the seven-year eligibility period
reduced in limited circumstances. An individual can also apply to the court to have a
“specified offence” disregarded for the purposes of determining whether that individual
meets the clean slate eligibility criteria.
Therefore the only way to know for sure whether a person is eligible is by asking your
designated district representative to carry out a clean slate eligibility check.
(S
s 9 & 10). Checking clean slate eligibility
In areas of policing work subject to the clean slate scheme, Police have the ability to
carry out a clean slate query. To find out whether a person is an eligible individual in
these areas of policing work:
• contact the designated district representative who has access to the NIA clean slate
query function which checks the Ministry of Justice system
• ask that person to carry out a clean slate eligibility check.
Prohibition on disclosing records of eligible individuals
Under section
16 of the Act, a law enforcement agency or an employee of a law
enforcement agency that holds or has access to criminal records:
• when responding to a request for disclosure of an eligible individual’s criminal record
or information about it must not disclose it (unless the request is from the individual
to whom the request relates or the exceptions in section
19 apply)
• may only use those criminal records for a purpose authorised under the Act.
Note: It is an
offence to require or request an individual to disregard the clean slate
scheme. So, for example, a third party such as a private sector company could not
require all prospective employees to authorise disclosure of their full criminal record as
an attempt to get around the Act.
Offences
Offence
It is an offence to…
Liable on
summary
conviction to
Unlawful
unlawfully disclose to any person, body or agency the
a fine not
disclosure
criminal record, or information about the criminal
exceeding
(s 17)
record, of an eligible individual that is required to be
$20,000.
concealed.
Unlawful
require or request, without lawful authority under this
a fine not
request to
Act, an individual to:
exceeding
disregard
• disregard the clean slate scheme when answering a
$10,000.
clean slate
question about their criminal record, or
scheme
• disregard the clean slate scheme and disclose, or
(s 18)
consent to the disclosure of, their criminal record.
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Policing work subject to the clean slate scheme
Most licensing applications
The clean slate scheme applies to many licensing applications, including those under the
Sale of Liquor Act 1989 and the
Private Investigators and Security Guards Act 1974. A
clean slate eligibility check must therefore be conducted before any criminal record or
information about it is used or disclosed in this context.
The clean slate scheme does not apply to firearms licence applicants (see
Exceptions to
the clean slate scheme).
For further information about the impact of the clean slate scheme on particular licensing
applications refer to these chapters in the Police Manual:
•
Vetting, references and certificates
•
Sale of Liquor
•
Gambling and lotteries
•
Dealers and traders
Joint-agency investigations with non law enforcement agencies
When working with an agency that is not a law enforcement agency you must comply
with the CSA when considering sharing criminal records and information about
criminal
records. Generally, disclosure of such information is not allowed to agencies that are not
law enforcement agencies. This is because it would be a
breach of the CSA if the
individual concerned is an
“eligible individual”. From time to time Police carry out joint investigations with agencies which are not "law
enforcement agencies" as that term is defined in the CSA. Examples of non law
enforcement agencies Police may work with include:
• Ministry of Fisheries
• the Department of Internal Affairs
• Accident Compensation Corporation (ACC)
• Department of Conversation
• Civil Aviation Authority (CAA)
• Maritime New Zealand,
• Ministry of Agriculture and Forestry
• Environmental Risk Management Authority (ERMA), and
• NZ Fire Service.
For further information about the impact of the clean slate scheme on joint-agency
investigations refer to these chapters in the Police Manual:
• Procedures in the chapter Arson
• Powers of Police as gambling inspectors in the chapter Gambling and lotteries
•
Investigations in the chapter Objectionable publications
Sharing criminal record information with a non law enforcement agency in joint
investigations
If you believe a joint-agency investigation involving a non law enforcement agency
would be significantly enhanced by including a criminal record and information about it in
joint briefings, you must first find out whether the suspect is an
eligible individual under
the CSA.
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After
checking the suspect's eligibility, follow this table.
If the check shows …
then …
The suspect
is not an
You may disclose the criminal record and information
eligible individual
about it to the agency (but only if it has been requested
under the Official Information Act 1982 or disclosure is
permitted by an exception to principle 11 of the Privacy
Act 1993).
The suspect
is an eligible
The person is deemed to have no criminal record and
individual
you must not disclose their criminal record or any
information about it to the agency. Your response to the
agency will be: “This individual has no criminal record”.
Jury vetting
The Supreme Court judgment in
R v Gordon-Smith (No 2) [2009] 1 NZLR 725 confirmed
the lawfulness of the practice known as "jury vetting".
Normally, Police provide Crown Solicitors with previous criminal convictions of potential
jurors, to assist the Crown Solicitor in determining whether or not to challenge those
people from becoming jurors. However, such jury vetting is subject to the clean slate
scheme. Any jury vetting must be carried out using the
NIA clean slate query function
to ensure criminal records of
eligible individuals are not used for this purpose.
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Exceptions to the clean slate scheme
Exceptions to the scheme relevant to Police
When an exception applies (listed in
s19) even if the person meets
eligibility criteria, Police may use or disclose that record or information about it. However, at that point you
must still take into account the provisions of the Privacy Act 1993 and Official
Information Act 1982 (if applicable) before proceeding.
The exceptions relevant to Police include when the:
• criminal record or information about it is necessary for the exercise of the prevention,
detection, investigation or prosecution functions of Police, e.g. Police can:
− put a print out of a person’s criminal history on the prosecution file and consider
criminal records of suspects during criminal investigations
• criminal record or information about it is relevant to any criminal or civil proceedings
before a court or tribunal (including sentencing) or proceedings before the Parole
Board
• eligible individual has made an application of any kind under the Arms Act 1983 and
Police are considering whether they are a fit and proper person for the purposes of
that application
• eligible individual has applied:
- for employment as a Police employee, or
- to act in a role predominantly involving the care and protection of, but not
predominantly involving the delivery of education to, a child or young person (e.g.
foster parent or caregiver)
• eligible person’s criminal record or information about it is relevant to an investigation
under section
17 of the Children, Young Persons, and Their Families Act 1989 (report
of ill-treatment or neglect of a child or young person) or in relation to any subsequent
Part II procedures (e.g. family group conference, or care or protection application).
These exceptions do not apply to:
• vetting of jurors
• vetting of relatives of prospective Police employees. They will be entitled to the
benefits of the CSA if they are "eligible individuals".
Joint-agency investigations with other law enforcement agencies
Police may disclose an eligible individual’s criminal record or information about it to a
“law enforcement agency” if it is necessary for the exercise of that agency’s prevention,
detection, investigation, or prosecution functions
(s19(3)(a)(i)).
Currently, under section
4 of the Criminal Records (Clean Slate) Act, the law
enforcement agencies are:
• an agency that holds or has access to information described in the
Fifth Schedule of
the Privacy Act 1993 (e.g. Ministry of Justice, Department of Corrections, Serious
Fraud Office, Land Transport Safety Authority, Ministry of Transport and Ministry of
Economic Development
• Department of Labour
• Inland Revenue Department
• New Zealand Customs Service.
Exceptions do not apply to
joint-agency investigations with non law enforcement
agencies.
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Other relevant Acts
Statutory powers to require information
Some government departments have a specific statutory power to require you to provide
the information sought. These powers override the general prohibitions in the Privacy Act
from disclosing personal information and include:
•
s17 Tax Administration Act 1994
•
s64 Immigration Act 1987
•
s161 Customs and Excise Act 1996
•
s11 Social Security Act 1964
•
s78A Education Act 1989
•
s5 Serious Fraud Office Act 1990
•
s201 Fisheries Act 1996
•
s66 Children, Young Persons, and Their Families Act 1989
•
s40 Conservation Act 1987
•
s62 Health and Disability Commissioner Act 1994.
Statutory provisions providing grounds to withhold information
Some statutory provisions contain specific grounds for withholding information including:
•
s16 Victims’ Rights Act 2002 (restriction on disclosing victim’s precise address)
•
s23 Victims’ Rights Act 2002 (prohibition on providing copy of victim impact
statement to offender to keep)
•
s312K Crimes Act 1961 (substance of information obtained by way of interception
warrant not to be disclosed)
•
s20 Financial Transactions Reporting Act 1996 (suspicious transaction reports not to
be disclosed).
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How the Acts inter-relate
Introduction
This section explains the relationship between the
Privacy Act 1993, the
Official
Information Act 1982 and other relevant statutes, and how to work out which Act applies
in the circumstances.
Official Information Act overrides the Privacy Act
Section
7(1) & (2) of the Privacy Act states that nothing in principles 6 or 11 overrides
the provisions in any other statute that requires or authorises the disclosure of
information. Therefore, the Official Information Act (OIA) overrides the Privacy Act.
However, section
12(1A) of the Official Information Act states that if a person requests
information about themselves under that Act, Privacy Principle 6 of the Privacy Act
applies.
Other Acts override the Privacy Act
Provisions in other statutes that require or authorise Police to disclose information
override Privacy Principles 6 and 11. These provisions enable government departments
to obtain information to carry out their statutory functions.
How to work out which Act applies
Use this table as a guide to determining what Act applies.
Situation
Applicable statute
Request for personal
When a person requests personal information held by Police,
information has been
the first question to ask is: “Is the request for information
made
about the person making the request?” If it is, Privacy
Principle 6 of the Privacy Act applies. See
Requests from
individuals seeking information about themselves
Request for non-
If the request is for non-personal (official) information or
personal (official)
information about someone other than the person
information has been
requesting it, the Official Information Act applies. See
made
Requests from individuals seeking non-personal (official) or
third party information. If the request is for a criminal record, notings, or
photographs of offenders, the Criminal Records (Clean Slate)
Act 2004 may provide a prohibition on releasing that
information. See guidance in this chapter on t
he Criminal
Records (Clean Slate) Act 2004. If the Criminal Records (Clean Slate) Act (CSA) does not
allow disclosure of information, then the OIA must be
refused. Refusing a request under s18(c)(i) of the OIA
applies when disclosing information requested would be
contrary to a provision in another enactment such as the
CSA.
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No request has been
In the absence of a request, Privacy Principle 11 of the
made
Privacy Act applies. This principle prohibits agencies from
disclosing personal information to third parties, but also lists
circumstances in which the prohibition does not apply. See
Voluntary disclosure by Police. In addition, the prohibition contained in principle 11 is
overridden by certain provisions in other statutes that
enable government departments to require disclosure. See
Requests from government departments or agencies
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Decision-making flowchart
Download the
decision-making flowchart (word doc, 430 KB).
Page 19 of 43
link to page 20 link to page 27
Requests from individuals seeking information about
themselves
Introduction
When receiving a request from individuals seeking information about themselves:
• consider the legislation governing your response and give reasonable assistance to
the requester
•
identify the requester
•
action the request
• provide the information requested if there is no reason to withhold it
• even if there is reason to withhold it, respond to the request within the statutory
timeframe.
Identifying the requester
Under section
45(a) of the Privacy Act you must satisfy yourself about the identity of the
individual making the request.
Use one of the following forms of identification:
• driver licence
• passport
• community services card
• credit card
• other identification bearing the requester’s signature.
Photocopies are acceptable provided they have been endorsed as a true copy of the
original by a:
• Police constable
• Justice of the Peace
• Solicitor
• Registrar or deputy registrar of a court
• Judge
• Other person authorised to take statutory declarations.
When to ask for identification and what to do with the documents
This table explains when identification documents are necessary and what to do with
them.
If …
Then …
You know the requester
A form of identification is not necessary.
personally
You do not know the requester
Ask to see an acceptable form of identification.
Photocopy the identification documents and
return them immediately to the person. Note
the photocopies are true copies of the original
and put them in a file.
The requester has posted
Immediately photocopy them and post them
original identification documents back to the requester. Note the photocopies
are true copies of the original and put them in
a file.
The requester makes the
Photocopy the documents and return them
request in person and provides
immediately to the person. Note the
original identification documents photocopies are true copies of the original and
put them in a file.
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The requester has posted a
Put it on file. A photocopy is acceptable
photocopy of identification
unless you have cause for suspicion e.g.
documents
signature that does not match.
The request is made through an
Ensure the agent has the requester’s written
agent
authority to act on their behalf
(s45(c) Privacy
Act). This must be attached to the request.
Check that the authority identifies both the
requester and the agent, and identification
documents (originals or photocopies annotated
as true copies) are produced for both. Put
photocopies in a file.
How to action the request
Follow this procedure to action the request.
Step
Action
1
Make a file for the request. If the request has been made orally, job
sheet it.
2
Enter it in doc-loc case in NIA.
3
Code the file 2Z.
4
Place photocopies of the requester’s identification documents in the file.
5
Consider whether the information requested contains information about
other identifiable individuals. If it does, decide whether disclosure would
involve unwarranted disclosure of the affairs of another person.
6
Consider the following:
If the information requested
Then...
is...
Not specific enough to enable the
Request clarification from the
information to be identified
requester. (See
sample letter).
Held on NIA
Forward the request to the district
co-ordinator.
In any other paper file
Forward it to the O/C case of that
file. If the O/C case cannot be
found, has left Police or is unable
to deal with the request, forward it
to their supervisor for action.
Alternatively, contact the Privacy
Officer, PNHQ for advice.
Classified
Urgently refer it to a legal adviser
or to the Chief Legal Adviser,
PNHQ. (Classified information
must be declassified before it can
be released.)
From a Police file currently held by Forward it to the O/C case of that
a crown solicitor
file.
Held by, or more closely
Transfer the request to that
connected with the functions of,
agency within 10 working days.
another agency
Transferring a request
When you transfer a request to another agency, you must:
• transfer it within 10 working days of receiving it, and
• advise the requester that you have done so (s
39 Privacy Act). Irrespective of how the
request was made, advise the requester in writing.
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See
sample transfer letters. Criminal conviction histories
A request for a criminal conviction history should be transferred to the Privacy Officer,
Ministry of Justice. See also
What is held on the Ministry of Justice system. Delay in making decision about request
If you cannot communicate the decision about the request within 20 working days,
notify
an extension and send a brief acknowledgement letter to the requester indicating when
the information or a decision will be available.
What to do if you decide to provide requested information
If, after considering the request for information, you decide to provide it, follow these
steps.
Step
Action
1
Use sample letters as a guide for responding to a request for personal
information when
nothing is withheld or when
some information is withheld. These letters cover the requirement to tell the requester that they are entitled
to request correction of any information they consider is incorrect.
2
Provide the information in the manner specified by the requester. This may be
by:
• allowing the requester to inspect it
• providing a copy of it
• allowing the requester to hear or view audio or videotape recordings
• supplying transcripts
• providing an oral summary of the information.
In general, release information from manual files in the form of a photocopy,
and information from computer systems in the form of a print out.
3
Note: You cannot charge individuals when you provide information about
themselves.
4
Keep a file copy of the information provided to the individual.
5
If you decide to withhold some information keep a copy of what was withheld,
what was disclosed and copies of all correspondence exchanged.
6
Job sheet what you have done to respond to the request. This process
becomes important if a subsequent complaint is made to the Privacy
Commissioner about Police's response.
Requests for correction of information held
Follow these steps when a request for correction of information held is received.
Step
Action
1
Forward it to the person who dealt with the original information request.
2
If the information alleged to be incorrect is factual, e.g. date of birth, address
or identity – verify the accuracy of the information and, if it is wrong, correct
it and advise the person who requested the correction and any other person
the incorrect information may have been provided to.
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3
If the information alleged to be incorrect is not factual but a matter of opinion
or an allegation, e.g. a complainant’s allegation or a witness’ assessment that
an alleged offender appeared agitated – do not make the correction.
Advise the requester that they are entitled to submit a statement of correction
detailing the correction requested and containing any other information they
wish to include.
4
If the requester supplies a statement of correction, attach it to the file so that
it will always be read with the disputed information and advise the requester
accordingly. Advise any other people or agencies that received the requester’s
information of the statement.
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When to withhold information from individuals
Introduction
When you have identified what information has been requested, you must consider
whether there are any reasons why the requester should not receive all the information
requested.
This section covers:
• the grounds for withholding information
• what you tell the requester about your decision to withhold it
• how you inform them of your decision.
Grounds for withholding information
The primary reasons for withholding information about the individual requesting it are
listed in section
s 27 to
29 of the Privacy Act 1993.
Information can only be withheld from the requester if Police have good reasons to
believe that a withholding ground applies. The withholding grounds relevant to Police
follow.
Prejudicing the maintenance of the law
Do not disclose information that 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 (s
27(1)(c)). This withholding ground applies to most of the information Police hold, but particularly
information that:
• is part of an ongoing investigation
• discloses how Police do certain aspects of its job
• identifies an informant, or
• is provided by a witness or complainant and that, if disclosed, would deter the witness
from providing information to Police in future.
Endangering the safety of any person
Do not disclose information that would be likely to endanger the safety of any individual
(
s 27(1)(d)). “Would be likely” means there must be a distinct or significant possibility of
the harm occurring.
The safety risk might relate to the individual concerned, staff members, families or other
people. There must be evidence of a threat having been made against another person
that Police believe could be carried out if the requester receives the information
requested.
Disclosing the affairs of another person
Do not disclose information that would be likely to involve the unwarranted disclosure of
the affairs of another individual or of a deceased individual
(
s 29(1)(a)). The right of access is limited to personal information about the requester, but sometimes
that information is inextricably linked with information about another person. When you
have “mixed” information and cannot separate out the information about other people,
you have to decide whether releasing the information would involve the unwarranted
disclosure of the affairs of another person.
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Consider the
• nature and sensitivity of the information
• nature of the relationship between the requester and the other person
• likely reaction of the other person to the disclosure
• other person’s views about giving access.
Information is not readily retrievable, does not exist or cannot be found
If the information requested is not readily retrievable, does not exist or cannot be found,
you may refuse the request
(s 29(2)(a) & (b)). However, undertake a thorough search
before refusing the request.
You must consider:
• what steps have been taken to locate the information
• whether the file has been traced
• whether checks have been made with all people who previously had the file
• whether the information is likely to have been destroyed
• whether Police ever held the information sought.
Also ask the requester if they can clarify their request or give more details. Sometimes
people believe Police hold a file on them, but in reality there never was one.
Breaching a promise of confidentiality to person supplying information
Section
29(1)(b) provides a withholding ground, but it is very difficult to satisfy and
usually will not apply to any situation faced by Police except in employment matters.
Other grounds
You can also withhold information if:
• the request is for a legal opinion or legal advice
(s 29(1)(f)). • the information requested is not held by Police and you have no grounds for believing
it is held by another agency or connected more closely with the functions or activities
of another agency (s 29(2)(c)).
Classified or confidential information
Classified information cannot be withheld solely on the basis of its security classification
or endorsement mark. Urgently refer classified information to a legal adviser or the Chief
Legal Adviser, PNHQ.
The ability to withhold information that someone says is confidential is very limited.
Stating that information was provided in confidence is not sufficient to enable it to be
withheld on that basis.
A valid withholding ground for classified or confidential information is found in section
27(1)(c). Note: Follow the procedures in the
Electronic redaction chapter when part(s) of
information provided electronically is withheld. These procedures ensure the information
blanked out cannot be restored or the document modified by the recipient. (See also the
procedures f
or Maintaining an electronic disclosure file in the Criminal disclosure chapter
and apply where applicable).
If request relates to current investigation and trial
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Obligations under the
Criminal Disclosure Act 2008 begin with the commencement of
proceedings and continue for as long as information related to the proceedings is held by
Police. All requests for information that is covered by section
s 12 and
13 of the CDA and
that is "relevant" to the matter before the Court must be considered under the CDA. (For
further information, refer to the
Criminal disclosure Police Manual chapter, including the
procedures for electronic criminal disclosure).
After the trial criminal disclosure Act still applies
The Criminal Disclosure Act will still apply to requests for information that relate to the
court proceedings. The grounds available for withholding information during court
proceedings may still apply after the trial has concluded, such as withholding information
to protect the privacy of witnesses and victims.
If a request is made prior to the commencement of proceedings or does not relate to
criminal proceedings, the information sought is not covered by the CDA and the Privacy
Act 1993 and the Official Information Act 1982 will apply.
For further information, see the
Overview of disclosure under the Criminal Disclosure Act
in the Criminal disclosure Police Manual chapter.
What to tell the requester when information is withheld
If any information sought is withheld, inform the requester of:
• the fact that the information is being withheld
• the grounds on which the decision to withhold has been made
• their right to complain to the Privacy Commissioner if they are not satisfied with the
decision.
Irrespective of how the request was made, inform the requester in writing.
Sample letters
Use sample letters as a guide for responding to a request for personal information when
nothing is withheld or when
some information is withheld.
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Requests from individuals for non-personal (official) or
third party information
Introduction
This section explains the legislation and procedures relating to responding to requests
from people for information:
• that is not personal in nature (e.g. information from the Police Manual)
• about third parties (e.g. a request from one family member for information about
another).
These requests are governed by the Official Information Act 1982. For more information
on this Act, see
Disclosure under the Official Information Act 1982. How to action the request
Follow this procedure to action the request.
Step
Action
1
Ensure you have the name and address of the requester. If you don’t, file
the request as “unknown”.
2
Make a file for the request. If the request has been made orally, job sheet
it.
3
Enter it in Doc-loc case of NIA.
4
Code the file 2Z.
5
Identify what information has been requested and consider whether the
requester should be
charged for the information. Note that you are required to give reasonable assistance to the person
requesting the information
(s13). If the information requested is... Then...
Not specific enough to enable the
Request clarification from the
information to be identified
requester. See
sample letter.
Held on NIA
Forward the request to the district
Co-ordinator.
In any other paper file
Forward it to the O/C case of that
file. (If the O/C case cannot be
found, has left Police or is unable to
deal with the request, forward it to
their supervisor for action.
Alternatively contact the Police
Privacy Office, PNHQ for advice.)
Classified
Urgently refer it to a legal adviser
or to the Chief Legal Adviser, PNHQ.
(Classified information must be
declassified before it is released.)
From a Police file currently held by
Forward it to the O/C case of that
a crown solicitor
file.
Held by, or more closely connected
Transfer the request to that agency.
with the functions of, another
agency
6
If there is likely to be a delay in responding to the request,
notify an
extension within 20 working days.
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What to do if you decide to disclose
Follow these steps if, after considering the request, you decide to disclose the
information.
Step
Action
1
Provide the information in the manner preferred or specified by the requester.
If they gave no directions, release information from manual files in the form
of a photocopy, and information from computer systems in the form of a print
out.
Follow the procedures in the
Electronic redaction chapter when part(s) of
information provided electronically is withheld. These procedures ensure the
information blanked out cannot be restored or the document modified by the
recipient.
2
Keep on the file a copy of:
• the information provided
• any information that was
withheld
• all correspondence exchanged.
3
Job sheet what you have done to respond to the request. This process
becomes important if a subsequent complaint is made to the Ombudsmen
about Police's response.
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When to withhold non-personal (official) or third party
information
Introduction
This section:
• covers the grounds for withholding official information or information about someone
other than the requester
• explains what you tell the requester about your decision to withhold the information,
and how you inform them of your decision.
Grounds for withholding information
The grounds for withholding official information or information about someone other than
the requester are in sections
6, 9 an
d 18 of the Official Information Act, and are similar
to the grounds under the Privacy Act 1993.
Main provisions relevant for Police
This table outlines the most relevant withholding provisions in the Official Information
Act 1982 for Police.
Section
Refuse the request if disclosure would be likely to…
s6(c)
prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial
s6(d)
endanger the safety of any person.
Refuse the request if it is necessary to…
s9(2)(a)
protect the privacy of natural persons, including that of deceased
natural persons
s9(2)(ba)(i)
protect information that is subject to an obligation of confidence, if the
release of the information would be likely to prejudice the supply of
similar information, or information from the same source, and it is in
the public interest that such information should continue to be supplied
s9(2)(f)(iv)
maintain constitutional conventions, which protect the confidentiality of
advice tendered by Ministers of the Crown and officials
s9(2)(g)
maintain the effective conduct of public affairs through:
• the free and frank expression of opinions by, between or to Ministers
of the Crown, members of an organisation, or officers and employees
of any Department or organisation in the course of their duty, or
• the protection of Ministers of the Crown, members of organisations,
officers and employees from improper pressure or harassment
s 9(2)(h)
maintain legal professional privilege.
Note: If you want to rely on any withholding grounds in section 9, you must consider
the
public interest in releasing the information.
Other grounds
This table outlines other grounds for withholding information which may apply.
Section
A request can also be refused if…
s 18(c)
making the information available would constitute contempt of court
s 18(d)
the information requested is or will soon be publicly available
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s 18(e)
the document alleged to contain the information requested does not
exist or cannot be found
You must first consider whether consulting the requester would assist
them to make the request in a form that would remove the reason for
the refusal
(s18B).
s 18(f)
the information requested cannot be made available without substantial
collation or research
You must first consider whether:
• fixing a charge or extending the response time would enable the
request to be granted (you can treat 2 or more requests as one if
they are about similar topics or were received simultaneously or in
short succession
(s 18A)
• consulting the requester would assist them to make the request in a
form that would remove the reason for the refusal
(s18B).
s 18(h)
The request is frivolous or vexatious or that the information requested
is trivial.
Privacy versus public interest (section 9(2))
When assessing whether to withhold a request under section 9(2) of the Act, you must
consider whether the public interest in releasing the information is sufficient to outweigh
the privacy interest associated with the information.
Considering the privacy interest
Consider:
• how intimate, personal or private the information is. For example, the privacy interest
associated with an address is not as high as that associated with the details of a rape
victim’s medical examination
• whether or not the requester already knows the information. If the requester is
seeking confirmation of something they already know the privacy interest tends to be
less
• whether the person the information is about, agrees to their information being
released to the requester
• whether disclosure is consistent with
Privacy Principle 11 in section 6 of the Privacy
Act. If disclosure would be consistent with this principle, the privacy interest is likely
to be less. The most important features of the principle are found in 11(e)(i),
11(e)(iv) and 11(f). These are discussed in
Voluntary disclosure by Police. The privacy
interest is also diminished if the source of the information is a publicly available
document such as a newspaper (principle 11(b)).
If the privacy interest outweighs the public interest, decline the request under section
9(2)(a) of the Official Information Act 1982.
Considering the public interest
Public interest does not mean “what is of interest to the public”. In
British Steel
Corporation v Grenada Television Ltd [1981] 1 All ER 417, 455, Wilberforce LJ stated:
“There is a wide difference between what is interesting to the public and what is in the
public interest to make known.”
Consider whether disclosure will benefit only one individual or the whole community. For
example, will it:
• help parents to keep their children safe
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• help to make the roads safe to drive on
• ensure that New Zealand’s horticulture industry is protected from disease?
If the public interest outweighs the privacy interest, release the information.
Third party requests
Take special care when making decisions on requests for personal information about a
third party. Common requesters in this category are parents of adult children, family
members, lawyers and reporters (see also
Requests from media). In general, do not disclose third party information unless:
• you are authorised or required by a specific statute to disclose it
• the third party has provided consent in writing, or
• the
public interest in meeting the request is sufficient to outweigh the privacy interest
associated with the information.
If none of these apply, decline the request under section 9(2)(a) of the Official
Information Act 1982.
Classified information
Classified information cannot be withheld solely on the basis of its security classification
or endorsement mark. Urgently refer classified information to a legal adviser or the Chief
Legal Adviser, PNHQ. If the information is withheld, the reason given must be
one of
those specified in the Official Information Act.
If request relates to current investigation
During investigation phase and prior to any Court proceedings
Withhold under section 6(c) of the Official Information Act 1982.
From conclusion of investigation until end of trial
Obligations under the
Criminal Disclosure Act 2008 begin with the commencement of
proceedings and continue for as long as information related to the proceedings is held by
Police. All requests for information that is covered by section
s 12 and
13 of the CDA and
that is "relevant" to the matter before the Court must be considered under the CDA.
After the trial Criminal Disclosure Act still applies
The Criminal Disclosure Act will still apply to requests for information that relate to the
court proceedings. The grounds available for withholding information during court
proceedings may still apply after the trial has concluded, such as withholding information
to protect the privacy of witnesses and victims.
If a request is made prior to the commencement of proceedings or does not relate to
criminal proceedings, the information sought is not covered by the CDA and the Privacy
Act 1993 and the Official Information Act 1982 will apply.
Refer to the
Criminal disclosure chapter in the Police Manual for detailed information
about criminal disclosure and the key duties and responsibilities for Police employees.
Making requests for information that has been before a court
A request for information that has been before the court is subject to the
Criminal
Procedure (Access to Court Documents) Rules 2009. The requester must therefore make
their request to the relevant court. If the request relates to Police information, Police will
be consulted by the court prior to the release of the information.
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Advising the requester when information is withheld
If any information sought is withheld, inform the requester in writing of:
• the fact that the information is being withheld
• the grounds on which the decision to withhold has been made
• their right to complain to the Office of the Ombudsmen if they are not satisfied with
the decision.
See sample letters responding to a request for non-personal information when
some or
all information has been withheld, or when the
request is for both personal and non-
personal information.
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link to page 16 link to page 31 link to page 11 link to page 11
Requests from government departments or agencies
Introduction
This section covers what you should consider when you receive a request for information
from a government department or government agency.
Is there a specific statutory power to require the information?
If the person asking for information works for a government department, they may have
a
specific statutory power requiring you to provide the information.
If there is no specific statutory power requiring the information to be provided, consider
the request in the same way as you consider othe
r third party requests under the Official
Information Act.
Is the request for criminal records?
Partner agencies such as Internal Affairs, the Fire Service, Fisheries, ACC and MSD
wanting information about criminal records must be referred to the Ministry of Justice.
Before disclosing an individual’s criminal record or information about it, you must
consider the Criminal Records (Clean Slate) Act 2004 and whether the agency requesting
the information is a law enforcement agency as defined in section 4 of the Act. For
further information on the clean slate scheme, see
Criminal Records (Clean Slate) Act
2004. Charging for providing the information
You should not charge a government department for information provided under the
Official Information Act.
Paperwork
Create a file as you would for any other request.
Page 33 of 43
Requests from media
Introduction
Every day, Police come under immense media pressure to release information about
crimes, incidents and emergencies and the people involved in them.
This section provides guidance to help you release all appropriate personal information
to the media and, at the same time, meet the requirements of the Privacy Act or the
Official Information Act.
Information about Police activities
It is in the public interest to give the media access to information about Police activities
if that information:
• will not prejudice an investigation or trial, and
• does not infringe against an person’s rights under the Privacy Act.
Withholding information does not promote Police accountability or encourage fair and
balanced reporting. In addition, the Police must frequently disclose personal information
in order to obtain public assistance in supporting victims and solving crimes.
What you may release
You may release:
• names of people:
- injured or killed in incidents, provided the next-of-kin have been informed
- sought in land and marine search and rescue operations
• name of a victim of a crime provided:
- the victim consents, or
- where the victim is dead, cannot be found or is otherwise unable to give consent,
the next-of-kin consents, or
- in the opinion of the O/C case, disclosure is necessary to advance the investigation
• details of money or other property stolen in the course of armed robberies, burglaries
and theft, if the victim consents
• photographs of wanted people provided a warrant for the arrest of the person exists
or there is sufficient evidence available to arrest the person.
• descriptions of dangerous escaped prisoners, or those unlawfully at large.
Refer to the
Public notification of offender's details chapter in the Police Manual for
information about the circumstances in which Police may proactively release information
about an offender's identity to individuals and/or communities other than in response to
requests for information under the Official Information Act 1982.
Allowing media to witness and record Police activities
In certain circumstances you may permit film crews, photographers and journalists to
witness and record Police activities. However, you must obtain approval from a
supervisor holding the level of position of Superintendent or above and then seek
approval from Media Services and Legal Section, PNHQ. Media Services and Legal
Section will ensure a contract is provided in an approved form.
Requests for names of Police employees
A request for the name of a Police employee should be considered under the Official
Information Act.
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In general, the names of Police employees acting in the course of their duties have to be
released. The employee should be informed before their name is disclosed to the media
that the disclosure is intended and their views sought if necessary.
In exceptional cases, however, such as where disclosure is likely to cause hardship or
reveal information about an employee's personal life and family, the employee's name
may be withheld under section 9(2)(a) of the Official Information Act.
The requester can have the decision reviewed by an Ombudsman.
Further information
For further information on dealing with the media, see the Media Relations chapter
(particularly the Releasing information topic) in the Police Manual.
Page 35 of 43
Requests for information held on NIA or Police-related
systems
Introduction
This section:
• explains the types of information held on the National Intelligence Application (NIA)
and on Ministry of Justice and New Zealand Transport Agency systems, which Police
access through NIA via the Fifth Schedule of the Privacy Act
• outlines who is responsible for responding to requests for that information.
What is held on NIA
Police are responsible for responding to requests for the following information held on
NIA:
• identity information
• firearms licence details
• charge history
• overseas convictions
• document locator (doc-loc) records.
Doc-loc is the Police national file indexing system for incidents and offences reported to
the Police. It is not a Police intelligence network. A person’s name could be in the files
index if they have reported a burglary or some other offence or incident. The brief file
index reference does not confirm whether an offence has been committed or prove any
person nominated as a suspect is guilty of an offence. The index does not hold court
conviction details.
Responding to requests for NIA information
Refer to Access to and disclosure of information held by Police in the
Vetting, references
and certificates Police Manual chapter for further information about responding to
requests for information from NIA.
Direct people with queries about information held in NIA to:
Liaison Officer
Licensing and Vetting Service Centre
P.O. Box 3017
Wellington
Phone: (04) 474 9499 ext 44013
Fax: (04) 499 1065
What is held on the Ministry of Justice system
The Ministry of Justice computer system holds the details of:
• criminal convictions in New Zealand courts
• custody supervision
• fines enforcement
• case monitoring data.
Queries about this type of information should be referred to the nearest District Court or
to:
Privacy Officer
Ministry of Justice
P.O. Box 180
Wellington 6140
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Phone: (04) 918 8800
Fax: (04) 918 8820
What is held on the New Zealand Transport Agency system
The New Zealand Transport Agency computer system holds the details of:
• driver licences
• motor vehicle registration
• demerit points
• traffic conviction histories.
Queries about this type of information should be referred to:
Driver Licensing
Transport Registry Centre
New Zealand Transport Agency
Private Bag 11777
Manawatu Mail Centre
Palmerston North 4442
Phone: 0800 108 809 (motor vehicle registrations) or 0800 822 422 (driver licensing)
Fax: (06) 350 2347
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Other common requests
Introduction
This section explains what you may disclose when you receive a request for:
• information about the nature of your enquiries to locate a person
• a copy of a traffic accident report
• diversion-related information.
Enquiries to locate a person
When making enquiries to locate someone (for any reason), the only information you
can disclose is the fact that you are looking for the person. You cannot disclose
information about the nature of the enquiry.
Case law
In a case heard by the Complaints Review Tribunal (
Mitchell v Police), an officer was
seeking to serve a notice on a person disqualified indefinitely from driving. He made
enquiries at the address of the offender’s parents. In response to an enquiry by the
offender’s mother, the officer advised that the purpose of his enquiry was to serve a
notice under section 30A of the Transport Act 1962 disqualifying the offender indefinitely
from driving.
The tribunal concluded that the disclosure constituted a breach of Privacy Principle 11.
However the tribunal also concluded that this disclosure did not constitute an
interference with the plaintiff’s privacy because she could not demonstrate sufficient
“harm” as required by the Privacy Act.
Traffic accident reports
A traffic accident report is defined in section 211 Land Transport Act 1998 as “ … a
written report prepared by an enforcement officer who is a Police employee that relates
to an investigation of a traffic accident”.
Any person is entitled to seek a copy of a traffic accident report. However, as with any
other material, the reports may be withheld or edited as the Privacy Act and Official
Information Act allow.
Fees for traffic accident reports
A fee of $55 is charged for the supply of the report to insurance companies. Police do not
charge individuals for a copy of the report if they were involved in the traffic crash.
Diversion-related requests
Do not disclose diversion details to third parties, even with the consent of the person
concerned. Disclosing such information would undermine the incentive for people to
participate in diversion programmes. Such requests should, in general, be refused under
section
s 6(c) and
9(2)(a) of the Official Information Act.
If a person seeks diversion information about themselves, process the request under the
Privacy Act 1993 and provide the information unless there are good reasons not to.
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Voluntary disclosure by Police
Care needed before making voluntary disclosure
Disclosing personal information in the absence of a request can constitute an
interference with the individual’s privacy and lead to civil action. The Human Rights
Review Tribunal has the power to award damages of up to $200,000 in such cases. It is
therefore important to consult with the Police Privacy Office, PNHQ, before making any
voluntary disclosure.
Information Privacy Principle 11
Information Privacy Principle (IPP) 11 (s6 Privacy Act 1993) must be applied when
deciding whether to disclose. This privacy principle prohibits the disclosure of personal
information unless you believe on reasonable grounds that the disclosure is necessary
and is permitted by one of the listed exceptions.
The exceptions most relevant for Police are contained in IPP11(a), 11(e)(i), 11(e)(iv)
and 11(f).
Information obtained for the purpose of disclosure (IPP11(a))
If the information was obtained specifically to pass on to a third party, or if such onward
transmission is directly related to the purpose for which the information was obtained,
the disclosure to that third party is sanctioned by principle 11(a).
Example
One of the purposes Police collect information about the victim and the offender in a
family violence incident is to assist the parties involved by disclosing information to
another agency that provides support and assistance, e.g. to Women’s Refuge or Victim
Support. As it was one of the purposes of collection, disclosure of FVIR information is
permitted by principle 11(a).
Similarly, some information collected during enquiries into air crashes, traffic accidents,
or deaths in workplaces may be conveyed to the CAA, LTSA or OSH respectively.
Maintenance of the law (IPP 11(e)(i))
There are three key elements of principle 11(e)(i). You must:
• identify a prejudice to the maintenance of the law
• believe on reasonable grounds that such prejudice will occur, and
• that the prejudice will occur if the disclosure is not made, i.e. the disclosure is
necessary.
Elements of IPP 11(e)(i)
Element
Explanation
Prejudice to the
First, it is essential to be able to identify a prejudice to the
maintenance of the law maintenance of the law, i.e. state in what way the
maintenance of the law would be prejudiced if the
information were not disclosed - for example, an offence will
be committed, an investigation will be prolonged or
frustrated or a witness will not assist with enquiries.
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Reasonable grounds to
Second, you must believe on reasonable grounds that such
believe prejudice will
prejudice will occur, i.e. you must be able to list facts
occur
supporting the probability of the prejudice occurring. For
example, if a convicted sex offender has been employed in a
school, reasonable grounds to believe that he will re-offend
may include the fact that:
• he has a series of sex convictions, particularly recent
ones
• his previous offending occurred in a school environment
• there have been reports of him handing out lollies to
children or offering them rides home
• he did not successfully complete any rehabilitation
programmes in prison and has not acknowledged his
wrongdoing
• he has the opportunity to be alone with children and
therefore has the opportunity to offend.
The disclosure must be
Third, that the prejudice to the maintenance of the law will
necessary
occur if the disclosure in not made. In effect, this means
that:
• It must be the last resort. Ask yourself: “Is there any way
to prevent the identified prejudice to the maintenance of
the law other than by disclosing the information at
issue?” If the answer is ‘no’, the disclosure is necessary.
Otherwise, it is not.
• It must be made only to a person(s) who can prevent the
identified prejudice to the maintenance of the law. For
example, disclosing to a school principal that one of his
staff is a convicted sex offender would enable the
principal to take steps to ensure that the offender does
not have any un-supervised contact with children and not
re-offend. But there would be no purpose in advising the
media.
• Only sufficient information to ensure the identified
prejudice is prevented should be disclosed. Superfluous
detail should not be disclosed.
For further information about voluntarily disclosing information in the absence of a
request, refer to the
Public notification of offender's details chapter in the Police Manual.
Necessary for the conduct of legal proceedings (IPP 11(e)(iv))
Personal information may be disclosed to third parties if you have reasonable grounds to
believe that the disclosure is necessary for the conduct of proceedings before any court
or tribunal. This includes proceedings that have been commenced or are reasonably in
contemplation.
For example, if the Police have on file evidence that directly and irrefutably conflicts with
an affidavit sworn and filed by a party to civil proceedings, the evidence must be brought
to the court’s attention.
Threats to health and safety (IPP 11(f))
There are three key elements of principle 11(f). You must:
• identify a serious threat to public health or safety, or
• identify a threat to the life or health of at least one individual, and
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• believe on reasonable grounds that disclosure is necessary to prevent or lessen the
threat.
Elements of IPP 11(f)
Element
Explanation
Threat to health or
First, it is essential to identify a threat to the health or
safety
safety of at least one individual. The threat must be
“serious” as defined in section
2(1) - i.e. having regard to
the likelihood of the threat being realised, the severity of the
consequences if it is, and when it might happen. For
example, where you believe a person is at risk of harming
themselves or others either soon or in the foreseeable
future, you may be justified in disclosing that to someone
who may be able to prevent it.
Reasonable grounds to
Second, there must be reasonable grounds for believing that
believe threat will be
disclosure will prevent or lessen the identified threat. For
prevented or lessened
example, if the Police inform the public that a dangerous
prisoner has escaped, the public can take precautions to
secure their homes and cars and keep their families safe.
The fact that people on their guard are less at risk than they
would otherwise be provides a reasonable ground for Police
to believe that disclosure of the escape would prevent or
lessen the threat to the public.
The disclosure must be
Third, the disclosure must be necessary. In effect, this
necessary
means that:
• It must be the last resort. Ask yourself: “Is there any way
to prevent or alleviate the identified threat other than by
disclosing the information?” If the answer is ‘no’, the
disclosure is necessary. Otherwise, it is not.
• It must be made only to a person(s) who can prevent or
lessen the identified threat.
• Only sufficient information to ensure the identified threat
is prevented or lessened should be disclosed. Do not
disclose superfluous detail.
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Criminal disclosure
Prosecution's duty to disclose
Once a person has been charged, the prosecution is obliged to disclose its case to the
defence in accordance with the
Criminal Disclosure Act 2008. Failure to do so could have
serious consequences for Police including:
• evidence being excluded
• the case being dismissed (under the court’s inherent jurisdiction) or
• a retrial ordered.
Refer to the
Criminal disclosure chapter in the Police Manual for detailed information
about criminal disclosure and the key duties and responsibilities for Police staff.
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Sample letters for responding to requests
Purpose
Use these sample letters as a guide to responding to requests for information:
•
Request for information held by Police (word doc, 44 KB).
•
Insufficiently detailed request (word doc, 31 KB).
•
Transfer letter to requester (word doc, 31 KB).
•
Transfer letter to other agency (word doc, 31 KB).
•
Notification of extension (word doc, 32 KB).
•
Responses to requests for personal information: Nothing withheld (word doc, 30 KB).
•
Responses to requests for personal information: Some information withheld (word
doc, 31 KB).
•
Responses to requests for personal information: All information withheld (word doc,
30 KB).
•
Responses to requests for non-personal information: Nothing withheld (word doc, 30
KB).
•
Responses to requests for non-personal information: Some information withheld
(word doc, 30 KB).
•
Responses to requests for non-personal information: All information withheld (word
doc, KB).
• Responses to requests for both personal and non-personal information: Nothing
withheld (word doc, 30 KB).
• Responses to requests for both personal and non-personal information: Some
information withheld (word doc, 31 KB).
• Responses to requests for both personal and non-personal information: All
information withheld (word doc, 31 KB).
•
Standard refusal letter s9(2)(a) (word doc, 32 KB).
•
Letter explaining charges (word doc, 31 KB).
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Document Outline