Printed from https://fyi.org.nz/request/20866-electronic-interception-police-manual-chapter?unfold=1 on April 26, 2024 03:08

Electronic interception Police Manual chapter

AS Van Wey (Account suspended) made this Official Information request to New Zealand Police

Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: AS Van Wey (Account suspended)

Dear New Zealand Police,

I am a NZ Citizen.

I am writing to request a copy of the Police Manual chapters about Electronic interception, whether interception is by Police with a lawful warrant, or the unlawful interception by a known or unknown person/entity. I refer to section 216B of the Crimes Act 1961.

If, for some reason, the Police decline to provide me with a copy of the Police manual chapter because it may reveal secrets that would hinder their jobs, then I restrict my request to only the sections which provide definitions. I do not need to know the details of how the police intercept communications, or any other person, as that information is easy obtained online and in books.

I also request information as to the general steps which must be taken by the Police when a person makes a formal complaint to the Police (e.g., documentation of complaint in the police system, general steps of an investigation, general steps for obtaining evidence, etc.).

Last, I request policies which inform the decision making for bringing charges and prosecution.

Thank you for your assistance.

AS Van Wey

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Mark Hanna left an annotation ()

In case it helps you with your request, these are the names of the Police Manual chapters within the "Electronic Interception" section:

Covert entry and search
Covert imagery
Crime Monitoring Centre
Interception phases
Introduction to electronic interception
Tracking devices

This is based on a list of names of all Police Manual chapters released to me in June 2022: https://fyi.org.nz/request/19200-police-...

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From: Ministerial Services
New Zealand Police

Tēnā koe AS Van Wey

I acknowledge receipt of your Official Information Act 1982 (OIA) request below, received by Police on 16 October 2022.

Your reference number is IR-01-22-31928.

You can expect a response to your request on or 14 November 2022 unless an extension is needed.

Ngā mihi
Catherine
Ministerial Services
Police National Headquarters

-----Original Message-----
From: AS Van Wey <[FOI #20866 email]>
Sent: Sunday, 16 October 2022 4:29 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Electronic interception Police Manual chapter

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear New Zealand Police,

I am a NZ Citizen.

I am writing to request a copy of the Police Manual chapters about Electronic interception, whether interception is by Police with a lawful warrant, or the unlawful interception by a known or unknown person/entity. I refer to section 216B of the Crimes Act 1961.

If, for some reason, the Police decline to provide me with a copy of the Police manual chapter because it may reveal secrets that would hinder their jobs, then I restrict my request to only the sections which provide definitions. I do not need to know the details of how the police intercept communications, or any other person, as that information is easy obtained online and in books.

I also request information as to the general steps which must be taken by the Police when a person makes a formal complaint to the Police (e.g., documentation of complaint in the police system, general steps of an investigation, general steps for obtaining evidence, etc.).

Last, I request policies which inform the decision making for bringing charges and prosecution.

Thank you for your assistance.

AS Van Wey

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Please use this email address for all replies to this request:
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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

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===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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Mark Hanna left an annotation ()

Police had a legal obligation to send you their decision no later than 14 November. That was yesterday, but clearly they have still not sent you their decision on your request.

I recommend you complain to the Ombudsman about this unlawful delay. If it helps, I have a template I use to write complaints of this nature: https://docs.google.com/document/d/1ad2Z...

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AS Van Wey (Account suspended) left an annotation ()

Hi Mark,
I would go to the Ombudsman, however, it has been my experience that they don't comply with the law and accept whatever BS response government give. I'll ask again, reminding them of their obligations, then will likely add it to my legal case against the Police.

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From: AS Van Wey (Account suspended)

Dear New Zealand Police,

I understand that under the law, the failure to respond within the legislative timeframe is considered a deemed decision of refusal, without justification. This is unlawful under the OIA. Thus, I would like to provide the police with an opportunity to rectify the error and comply with their legislative duty to provide the requested information.

I trust that the Police will not require an additional 20 days to provide the requested information, as the as the police manual is kept electronically and must be readily accessible to all police employees. I would think that 5 working days would be reasonable; however, if the Police think they need more time, I trust that within the next 5 working days I will be provided a letter to inform me of the extension and an explanation of why the delay is necessary.

Regards,

AS Van Wey

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From: Ministerial Services
New Zealand Police

Tēnā koe AS

Thank you for your email below.

I can confirm that your request reference IR-01-22-31928 (which includes your request for the Electronic interception chapters), has been drafted and is currently progressing through our internal consultation process.

Although I am unable to confirm a release date at this stage, in normal circumstances this process can take up to five/eight working days.

Please accept our apologies for the delay in providing you with a response to your query. We are endeavouring to provide this to you as soon as possible.

Kind regards

Catherine
Advisor: Ministerial Services
Police National Headquarters

-----Original Message-----
From: AS Van Wey <[FOI #20866 email]>
Sent: Tuesday, 15 November 2022 10:18 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Re: Official Information request - Electronic interception Police Manual chapter

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear New Zealand Police,

I understand that under the law, the failure to respond within the legislative timeframe is considered a deemed decision of refusal, without justification. This is unlawful under the OIA. Thus, I would like to provide the police with an opportunity to rectify the error and comply with their legislative duty to provide the requested information.

I trust that the Police will not require an additional 20 days to provide the requested information, as the as the police manual is kept electronically and must be readily accessible to all police employees. I would think that 5 working days would be reasonable; however, if the Police think they need more time, I trust that within the next 5 working days I will be provided a letter to inform me of the extension and an explanation of why the delay is necessary.

Regards,

AS Van Wey

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #20866 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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J A Harris left an annotation ()

Agreed the Ombudsman (and Privacy Commissioner) tend to just go with whatever the Police say - even when it’s blatantly in disagreement with the OIA or PA, then they default to the excuse these Acts are subservient to others so the Police are “possibly ok in their assertions anyway”.

It appears Police don’t believe in actually following the law; or indeed their own written policies and procedures when it comes to these things. They do what they want, hide behind the blue uniform and simply stop responding, and then fob Ombudsmen and Commissioners off with the excuse of “we’re the Police, if we followed the rules it would make it harder to investigate crime” - which appears to simply be accepted.

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From: Ministerial Services
New Zealand Police

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Attachment Van Wey AS IR 01 22 31928 Final response.pdf
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Tēnā koe As                         

Please find attached the response to your Official Information Act
request, received by New Zealand Police on 16 October 2022.

 

Please accept our apologies for the delay in providing you with this
response.

 

Ngā mihi

Dylan

 

 

Dylan

Advisor | Ministerial Services | Police National Headquarters

 

[1]wordmark transparent

 

 

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

References

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From: AS Van Wey (Account suspended)

Dear NZ Police,

I am quite confused as to why terms and definitions were redacted. Would you please provide a reason for why having knowledge of key terms and definitions of terms would "prejudice the maintenance of the law including the prevention, investigation and detection of offences and the right to a fair trial"? Wouldn't a fair trial, prevention, and detection of offences require a common understanding of terms and the definition of those terms? How would a person know if they were committing an offence if they are never told what the offence is or how it is defined?

I note that the document you provide me is about the Police use of interception of private communications, which is unlawful unless they have obtained a warrant from a judge and the judge has been given accurate, truthful information.

I request the Police manual on the investigation into the criminal act of interception of private communications (see section 216B of the Crimes Act) and use of a computer for dishonest purpose (see section 249 of the Crimes Act). Again, I request that all terminology and definitions NOT be redacted, as definitions are necessary for understanding by the police and the public. An example of this would be investigating the criminal offenders who hacked Waikato DHB and obtained private communications and personal health information. Or Le Roy v New Zealand Police HC WN CRI 2008 485 38 [25 August 2008], where Le Roy unlawfully accessed email communications sent by his ex-girlfriend when working for a telecommunications company. I hope this clarifies matters. You may want to forward my request to the commanding officer who is in charge of investigating cyber crimes.

Yours sincerely,

AS Van Wey

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From: BRYAN, Alexander (Alex)
New Zealand Police

 

[1][FOI #20866 email]

 

Dear AS Van Wey

 

Thank you for your email dated 8 December 2022, regarding New Zealand
Police’s response to your Official Information Act request.

Your request had previously been received by New Zealand Police on 16
October 2022.

 

As you are not satisfied with the response you received, I can point you
to the advice contained in that response which covers the process
available to you.

For your ease of reference, I have copied that relevant advice for you
below:

 

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:

[2]www.ombudsman.parliament.nz

 

 

Yours sincerely

Alex Bryan

 

Detective Sergeant

National Criminal Investigations Group

New Zealand Police National Headquarters

===============================================================

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:[FOI #20866 email]
2. http://www.ombudsman.parliament.nz/

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J A Harris left an annotation ()

Section 19 a ii of the OIA requires Police provide a reason why the have used that withholding ground, you are entitled to ask for this. In my experience, they will not give it and this is grounds for further complaint to the ombudsman.

"ii if the applicant so requests, the grounds in support of that reason"
https://www.legislation.govt.nz/act/publ...

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From: AS Van Wey (Account suspended)

Dear Ministerial Services,
The manual I received from the police regarding interception is only that of the use of interception devices by the police, and not the manual on investigating unlawful interception, as defined under section 216B of the Crimes Act, or unlawful access using a computer, as defined under section 249 of the Crimes Act. Would you please send me these parts of your police manual?

I also require an explanation as to why providing definitions would compromise the police's ability to do their jobs. How is transparency in use of language something that would hinder the police's ability to do their job or compromise any investigations? These are definitions, like one would find in a dictionary.

Yours sincerely,

AS Van Wey

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From: Ministerial Services
New Zealand Police

The Police Ministerial Services mailbox will not be monitored between 24
December 2022 - 5 January 2023.

 

For emergencies, please contact 111.

 

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T. Barn left an annotation ()

Re: going down the ombudsman route. I filed a complaint with them back in October, and the last contact from them in December was "At this stage, your complaint is awaiting allocation to one of our Investigators, and this will occur as soon as capacity allows. The Investigator will then be in contact with you to confirm."

If you go down that route anyway, good luck!

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From: Ministerial Services
New Zealand Police

Kia ora Ms Van Wey

I have forwarded your query to the workgroup that wrote the OIA response, who advise they have nothing further to add regarding the response provided.

If you are unhappy with the response provided, you have the right to seek an investigation and review by the Ombudsman. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Kind regards, Michelle
Ministerial Services Advisor
NZ Police National Headquarters Wellington

-----Original Message-----
From: AS Van Wey <[FOI #20866 email]>
Sent: Friday, 30 December 2022 10:50 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Re: OIA response IR-01-22-31928

Dear Ministerial Services,

The manual I received from the police regarding interception is only that of the use of interception devices by the police, and not the manual on investigating unlawful interception, as defined under section 216B of the Crimes Act, or unlawful access using a computer, as defined under section 249 of the Crimes Act. Would you please send me these parts of your police manual?

I also require an explanation as to why providing definitions would compromise the police's ability to do their jobs. How is transparency in use of language something that would hinder the police's ability to do their job or compromise any investigations? These are definitions, like one would find in a dictionary.

Yours sincerely,

AS Van Wey

-----Original Message-----

Tēnā koe As

Please find attached the response to your Official Information Act request, received by New Zealand Police on 16 October 2022.

Please accept our apologies for the delay in providing you with this response.

Ngā mihi Dylan

Advisor | Ministerial Services | Police National Headquarters

===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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Mark Hanna left an annotation ()

In their response to you, NZ Police have said "The Police manual chapter 'Introduction to Electronic Interception' has been provided as requested".

However, your request asked for "the Police Manual chapters about Electronic interception". As I noted in an earlier annotation in your request, there are six Police Manual chapters within the "Electronic Interception" chapter. "Introduction to Electronic Interception" is only one of these chapters. It seems clear to me that, based on the wording of your request, all six of these documents should have fallen within the scope of your request.

You may want to complain to the Ombudsman that NZ Police has failed to identify the other documents as falling within the scope of your request.

I understand you're reluctant to deal with the Ombudsman, though. If you'd prefer to continue dealing directly with NZ Police, and you believe these other chapters may contain information you are seeking, then you may wish to make a follow-up OIA request for these specific Police Manual chapters in the "Electronic Interception" section:

- Covert entry and search
- Covert imagery
- Crime Monitoring Centre
- Interception phases
- Tracking devices

If it may help you to identify other Police policy documents that may contain information relevant to your query, we have a complete list of Police Manual chapters (as of 22 May 2022) listed on https://policepolicy.nz

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AS Van Wey (Account suspended) left an annotation ()

Hi Mark,
Thanks, but those chapters are all about police who are engaging in interception under the Search and Surveillance legislation. What I want to know is about how they investigate the criminal act of interception as defined under section 216B of the Crimes Act.

Cheers,
Amy

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From: AS Van Wey (Account suspended)

Dear New Zealand Police,

Each time I make a request from the Police about how they investigate the criminal act of interception of personal communications (s 216B of the Crimes Act) or other crimes using computers (s 249) of the crimes act, I'm not provided with the information I request.

Thus, please tell me who has been delegated by the Commissioner of Police to investigate crimes of privacy and crimes involving computers (ss 216B and 249 of the Crimes Act), where their office is located, and how one can reach them directly to request the information from them so that I may receive the correct information.

Yours faithfully,

AS Van Wey

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Things to do with this request

Anyone:
New Zealand Police only: