IR-01-22-21864
24 August 2022
Wayne Browning
[FYI request #20016 email]
Tēnā koe Wayne
Request for information
Thank you for your Of icial Information Act 1982 (OIA) request of 25 July 2022 in which
you asked for information regarding Brian Tamaki.
My response to each of your questions can be found below.
1. The nature of any and all criminal charges filed against Brian Raymond
Tamaki (a public figure born 2 February 1958) between 1st January 2000
and 25th July 2022, all arrest records as well as search warrants applied for
and executed against the aforementioned
This part of your request is refused in full under s6(c) of the OIA, as the making
available of the information is likely to prejudice the maintenance of the law including
the prevention, investigation and detection of offences and the right to a fair trial.
2. The outcome of all charges pertaining to the aforementioned
I am informed that you also made the same OIA request of the Ministry of Justice,
therefore you can expect a response to this part of your request from them.
3. Copies of all email correspondence, inter office memos, communications with
Police prosecutors, SIS, and other government agencies, text messages, hand
written notes and charging documents relating to Brian Raymond Tamaki (a
public figure born 2 February 1958), and pertaining to the aforementioned
A search was completed by our ICT team of the Police enterprise vault to locate any
correspondence between Police and Brian Tamaki. The search captures emails that
are sent and/or forwarded to multiple email addresses that mention Brian Tamaki. The
search returned 8761 email communications, therefore this part of your request is
refused under s18(f) of the OIA, as the information requested cannot be made
available without substantial collation or research.
Police National Headquarters
180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
If you refined your request, Police could reconsider however due to the circumstances
it is likely that relevant material would be withheld due to s9(2)(h) of the OIA, to
maintain legal professional privilege and s6(c) of the OIA, as the making available of
the information is likely to prejudice the maintenance of the law including the
prevention, investigation and detection of offences and the right to a fair trial.
4. Any and all correspondence with Police prosecutors, SIS, and other
government agencies, text messages, hand written notes and charging
documents pertaining to The Freedoms and Rights Coalition
5. Any and all correspondence with Police prosecutors, SIS, and other
government agencies, text messages, hand written notes and charging
documents pertaining to Covid-19 related marches, protests, and public
disruptions caused by the same
I have interpreted questions 4 and 5 to both pertain to The Freedoms and Rights
Coalition, therefore these parts of your request are refused under s18(e) of the OIA, as
the documents alleged to contain the information requested do not exist.
6. Any valid reason as to why Brian Raymond Tamaki has not yet been charged
as a terrorist under Section 6a of the Terrorism Suppression Act 2002
Police has a range of tools available to respond to criminal behaviour, including
prosecution for a criminal offence. When considering whether to prosecute, Police must
consider the Solicitor-General’s prosecution guidelines, which set out the expectations
when determining whether criminal proceedings should be commenced and what
charges should be filed. The guidelines are available at
https://www.crownlaw.govt.nz.
In addition, for any offence being considered under the Terrorism Suppression Act
2002, the Solicitor-General’s consent to prosecution is required.
Consideration of the thresholds required by law is undertaken on a case-by-case basis.
7. Why New Zealand Police knowingly allow Brian Raymond Tamaki to
continually engage in il egal activity, unlawful actions and terrorist activity
without preventing him from doing so, filing charges, arresting him or otherwise
prevent him from engaging is such activities
This is not a request for official information as it invites Police to form an opinion, which
Police is not required to do under the OIA. I am therefore refusing this part of your
request under section 18(g) of the OIA, as the information requested is not held. I also
refer you to the response to question 6.
You have the right to ask the Ombudsman to review my decision if you are not satisfied
with the response to your request. Information about how to make a complaint is
available at
: www.ombudsman.parliament.nz.
Yours sincerely
Maria Rawiri
Director: Of ice of the Commissioner
New Zealand Police
