Identify of man who tazered man in car park
Tracy Livingston made this Official Information request to New Zealand Police
This request has been reported as needing administrator attention (perhaps because it is vexatious, or a request for personal information)
From: Tracy Livingston
Whangarei Police,
What is the name of the man in mufti, and his position, if any, in the NZ Police Force, who tazered Brad Flutey in the Tikipunga shopping centre in Whangarei Monday 17th January. as seen in this video. https://www.youtube.com/watch?v=HgzjHKdQ...
Just to clarify, he did not identify himself at any stage during this incident.
:tracy-jane:
New Zealand Police
Good morning Tracy
We have received your online request for:
"Whangarei Police,
What is the name of the man in mufti, and his position, if any, in the NZ
Police Force, who tazered Brad Flutey in the Tikipunga shopping centre in
Whangarei Monday 17th January. as seen in this video.
[1]https://www.youtube.com/watch?v=HgzjHKdQ...
Just to clarify, he did not identify himself at any stage during this
incident."
In order for us to complete this request we require the following:
· Copies of two forms of ID and
· An identity referee's written statement or a clear photograph of
you holding your photographic ID
You can reply to this email, [2][email address],
with the ID attached and we can action this request for you
Regards
File Management Centre,
Northland,
SERVICE DELIVERY
Please do not reply using my personal email as I may not be working.
Please use the proper channels
of [3][email address] as there will be someone
monitoring this daily.
This information is classified as 'In confidence' as defined in the
Official Information Act.
This information has been released pursuant to Principal 11(e)(i) Privacy
Act.
To avoid prejudice to the maintenance of the law, including prevention,
detection, investigation,
prosecution and a punishment of offences.
===============================================================
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
Visible links
1. https://www.youtube.com/watch?v=HgzjHKdQ...
2. mailto:[email address]
3. mailto:[email address]
From: Tracy Livingston
Dear New Zealand Police,
regarding your demand for
"Copies of two forms of ID and
· An identity referee's written statement or a clear photograph of
you holding your photographic ID"
to complete this OIA request.
That is not required in the Act and therefore your demands are invalid.
Please process the OIA. You may also send the information to lawyer, Sue Grey. [email address]
have a good day.
:tracy-jane:
From: HUTCHINSON, Anne
New Zealand Police
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Good afternoon Tracy-Jane –
I refer to your email dated 2 February 2022 to Ministerial Services.
We have reviewed our response to you in relation to our request for
photographic ID.
I wish to inform you that an error was made when processing this request,
as it was initially believed to be a Privacy Act request. On reflection,
this should have been processed as an Official Information Act request
where no photographic ID is required.
You will receive our response within the legislative timeframe which is 20
working days.
I have copied in Sue Grey Lawyer, as you requested.
We apologise for an inconvenience this may have caused you.
Anne Hutchinson
File Management and Transcription Centre Supervisor
Te Tai Tokerau
M: +64 021 502 820
E: [email address]
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Grant Carroll left an annotation ()
Yeah right - so a File Management Centre Supervisor doesn't know the difference between a Privacy Act request and OIA request when the request is via fyi.org.nz? Really?
New Zealand Police
Good morning Tracy
Please find attached our response to your recent online request
Regards
File Management Centre,
Northland,
SERVICE DELIVERY
Please do not reply using my personal email as I may not be working.
Please use the proper channels
of [1][email address] as there will be someone
monitoring this daily.
This information is classified as 'In confidence' as defined in the
Official Information Act.
This information has been released pursuant to Principal 11(e)(i) Privacy
Act.
To avoid prejudice to the maintenance of the law, including prevention,
detection, investigation,
prosecution and a punishment of offences.
===============================================================
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
Visible links
1. mailto:[email address]
From: Tracy Livingston
New Zealand Police,
re regard to this reply to OIA request: "Your request has been considered in accordance with the Official Information Act 1982. We are unable to provide the requested information for the following reasons under s6 (c) "to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial"
1) I don't see how releasing the name and rank/job description of a man seen openly to torture and abuse another man will 'prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial" so
2) Please evidence the reason for your refusal for information, by giving the incident report for this incident.
3) Two uniformed policy enforcement officers and one other who had no identifying marks and did not introduce himself, attacked this man, Brad, on no lawful grounds. We believe it is important to know who he is. So please fulfill the request and inform us of his name and rank (if any) or job description (if any).
:tracy-jane:
New Zealand Police
Good morning Tracy
Please find attached our response to your recent online request
Regards
File Management Centre,
Northland,
SERVICE DELIVERY
Please do not reply using my personal email as I may not be working.
Please use the proper channels
of [1][email address] as there will be someone
monitoring this daily.
This information is classified as 'In confidence' as defined in the
Official Information Act.
This information has been released pursuant to Principal 11(e)(i) Privacy
Act.
To avoid prejudice to the maintenance of the law, including prevention,
detection, investigation,
prosecution and a punishment of offences.
===============================================================
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
Visible links
1. mailto:[email address]
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
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Mark Hanna left an annotation ()
I hope you will complain to the Ombudsman about this attempt by NZ Police to abuse the OIA's eligibility criteria (and your presumed ignorance of those rules) in an attempt to block your request.
Because NZ Police do not come under the power of the Ombudsmen Act, the Ombudsman is unable to start an investigation of them unless they receive a complaint under the OIA about Police's handling of an OIA request. These complaints can only be made by the person who made the relevant request.
Link to this