2011 Referals to Police

Joshua Grainger made this Official Information request to Electoral Commission

This request has been reported as needing administrator attention (perhaps because it is vexatious, or a request for personal information)

From: Joshua Grainger

Dear Electoral Commission,

As noted on your website, you have referred a number of incidents to police as breeches of rules during the 2011 election.

I would like to request under the Official Information Act, 1) the letter(s) of complaint or how the Electoral Commission became aware of an alleged breech, 2) a copy/picture/transcript (as appropriate) of the alleged offending material, and 3) a copy of the Electoral Commission decision for each referral referred to below:

a) The ACT on Campus ‘Not your typical party’ flyer, baseball cap and t-shirt
b) TVNZ OneNews coverage before 7pm on 26 November 2011
c) The Radio Network election program for United Future on 25 October 2011
d) The five comments posted by members of the public on social media on election day
e) An election advertisement on a billboard in Penrose, Auckland on 26 November 2011
f) Brendan Horan's newspaper advertisement in the Weekend Sun.
g) An email sent by the Maori Party to supporters (reported in a press release on Dec 9)
h) John Creser: Distribution of election-related flyer on polling day

I would also like to request the letter(s) of complaint or how the Electoral Commission became aware of the individual who is alleged to have voted using the identity of a friend (reported in a press release on Dec 9).

I would prefer an electronic response, as it will be made available to others by being posted publicly on FYI.org.nz. Feel free to contact me if you want me to clarify my request.

Yours faithfully,

Joshua Grainger

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Joshua Grainger left an annotation ()

...The embarrasing moment in which you realized you misspelt "referrals" in the subject line of your OIA request.

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From: Kristina Temel

Dear Mr Grainger,

Thank you for your request under the Official Information Act 1982 of 7 May 2012 for:

1) the letter(s) of complaint or how the Electoral Commission became aware
of an alleged breach,
2) a copy/picture/transcript (as appropriate) of the alleged offending material, and 3) a copy of the Electoral Commission decision for each referral referred to below:

a) The ACT on Campus ‘Not your typical party’ flyer, baseball cap and t-shirt
b) TVNZ OneNews coverage before 7pm on 26 November 2011
c) The Radio Network election program for United Future on 25 October 2011
d) The five comments posted by members of the public on social media on election day
e) An election advertisement on a billboard in Penrose, Auckland on 26 November 2011
f) Brendan Horan's newspaper advertisement in the Weekend Sun.
g) An email sent by the Maori Party to supporters (reported in a press release on Dec 9)
h) John Creser: Distribution of election-related flyer on polling day
and
(i) letter(s) of complaint or how the Electoral Commission became aware of the individual who is alleged to have voted using the identity of a friend (reported in a press release on Dec 9).

Given that these matters are currently with the Police, the information requested is withheld under section 6(c) of the Official Information Act 1982 on the basis that the making available of the information 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.

You have the right, pursuant to section 28(3) of the Official Information Act, to complain to an Ombudsman if you are not satisfied with my response to your request.

Yours sincerely

Kristina Temel
Electoral Commission

-----Original Message-----
From: Election Enquiries
Sent: Monday, 7 May 2012 12:57 p.m.
To: Kristina Temel
Subject: FW: Official Information Act request - 2011 Referals to Police

Linda Carkeek | Project Support Officer | Electoral Commission | Te Kaitiaki Take Kōwhiri | Phone +64 4 498 2326 | Fax +64 4 495 0031 | http://www.elections.org.nz

-----Original Message-----
From: Joshua Grainger [mailto:[OIA #217 email]]
Sent: Monday, 7 May 2012 12:53 p.m.
To: Election Enquiries
Subject: Official Information Act request - 2011 Referals to Police

Dear Electoral Commission,

As noted on your website, you have referred a number of incidents
to police as breeches of rules during the 2011 election.

I would like to request under the Official Information Act, 1) the
letter(s) of complaint or how the Electoral Commission became aware
of an alleged breech, 2) a copy/picture/transcript (as appropriate)
of the alleged offending material, and 3) a copy of the Electoral
Commission decision for each referral referred to below:

a) The ACT on Campus ‘Not your typical party’ flyer, baseball cap
and t-shirt
b) TVNZ OneNews coverage before 7pm on 26 November 2011
c) The Radio Network election program for United Future on 25
October 2011
d) The five comments posted by members of the public on social
media on election day
e) An election advertisement on a billboard in Penrose, Auckland on
26 November 2011
f) Brendan Horan's newspaper advertisement in the Weekend Sun.
g) An email sent by the Maori Party to supporters (reported in a
press release on Dec 9)
h) John Creser: Distribution of election-related flyer on polling
day

I would also like to request the letter(s) of complaint or how the
Electoral Commission became aware of the individual who is alleged
to have voted using the identity of a friend (reported in a press
release on Dec 9).

I would prefer an electronic response, as it will be made available
to others by being posted publicly on FYI.org.nz. Feel free to
contact me if you want me to clarify my request.

Yours faithfully,

Joshua Grainger

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Joshua Grainger left an annotation ()

Interesting that the Electoral Commission refused this request when they gave these exact things in response to a request for the PM Radio Hour complaint: http://fyi.org.nz/request/prime_minister....

Indeed, they proactively released their opinion for the PM Radio Hour breech on their website: http://www.elections.org.nz/study/news/r...

Think this is due a complaint to the Ombudsmen.

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Alex Harris left an annotation ()

Possibly someone complained to them about the release.

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John Creser left an annotation ()

Hi there, I'm most disapointed too, I've not heard squat from the Electoral Commission either, what does it take to get arrested in this town these days?
John Creser

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John Creser left an annotation ()

Hi Joshua,

I'm still distributing material in election booths , on election day. Last years offering was on law society letterhead but as you probably realize from a decade ago its not something they want to bring to Court, despite my attempts to drag it in via the tradesman's entrance as follows..

Vote National for a corrupt judiciary.
When the New Zealand Court of Appeal makes a decision it’s supposed to be final. However in this case from 2003 (CA 193/03), the final judgment of the Court was changed by Wellington lawyer Roger Chapman from Johnston Lawrence & Co. (now Morrison Kent)
A Law Society Standards Committee comprising of several former colleagues of Mr Chapman, including corrupt Wellington Judge Kenneth Johnston, confirmed Mr Chapman’s ability to alter a judgment of the Court which led to a person not party to the proceedings being awarded costs they were not entitled to.
When asked to correct the mistake, the New Zealand Court of Appeal provided absolute proof that it is rotten to the core by failing to recognise its own orders and decision as final by saying; “Some form of error has appeared to have occurred given the discrepancy between the Mr Chapman’s reasons for judgment and the sealed order, but we are unable to determine some 12 years after the event how this came about or which version is correct”
Recently the Regulations Review Committee chaired by National’s Gerry Brownlee, determined that the altered judgment could not be corrected by executive order because it was subject to comity as a judicial decision.
Unless appealed or subject to review, every court order or decision is final, unless of course you live in New Zealand where the authorities now refuse to require a judgment drafted and filed by a solicitor to mirror the original decision and orders of the Court. “All Court decisions in New Zealand are final but some decisions are more final than others”
Enquiries for documents to: jcreser@gmail.com

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