Tēnā koe As Van Wey

I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 17 October 2022.

Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 15 November 2022.

Kind regards, Dylan
Ministerial Services PNHQ

-----Original Message-----
From: AS Van Wey <[FOI #20880 email]>
Sent: Monday, 17 October 2022 11:10 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Correction of unlawful warnings by police

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,

Background:
The High Court declared in S v Commissioner of Police [2021] NZHC 743 (1 April 2021) that the decision made by the Police to issue a person with a formal warning was unlawful. In particular, the Police have no statutory authority to issue a formal warning, and, it is a breach of NZBORA to issue such a warning because it effectively lets the police become the judge and jury, denying the person their rights to natural justice.

A formal warning in this instance being a warning by Police to an alleged offender, where the alleged offender does not admit to having committed the alleged offence. In these instances, the Police may or may not believe they have sufficient evidence to charge or prosecute the alleged offender, and have choose not to charge or prosecute the alleged offender.

The High Court made orders
(a) setting aside the decision made by the Police on to issue the applicant with the formal warning; and
(b) directing the Police to forthwith remove all reference to the formal warning having been given to the applicant from the Police NIA database; and
(c) directing the Police to forthwith inform all parties to whom information regarding the formal warning has been provided in Police vetting reports, that the formal warning given to the applicant has been declared to be unlawful and has been set aside by order of this [High] Court.

Request:
(1) I request the number of "warnings" issued by the police in luie of taking any other action against an alleged offender (e.g., charging or prosecution) and for which the alleged offender had not admitted to the alleged offence, for the dates
(a) between 1 January 2009 and 1 April 2021, inclusive; and
(b) between 2 April 2021 to the date in which you action my request.

(2) Of the number of "warnings" which issued in request (1)(a), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(3) Of the number of "warnings" which issued in request (1)(b), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(4) Of the number of "warnings" which issued in request (1)(a), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

(5) Of the number of "warnings" which issued in request (1)(b), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

Thank you.
AS Van Wey

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #20880 email]

Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

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

hide quoted sections

Tēnā koe

I refer to your request of 17 October 2022 for the following information:

(1) I request the number of "warnings" issued by the police in luie of taking any other action against an alleged offender (e.g., charging or prosecution) and for which the alleged offender had not admitted to the alleged offence, for the dates
(a) between 1 January 2009 and 1 April 2021, inclusive; and
(b) between 2 April 2021 to the date in which you action my request.

(2) Of the number of "warnings" which issued in request (1)(a), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(3) Of the number of "warnings" which issued in request (1)(b), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(4) Of the number of "warnings" which issued in request (1)(a), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

(5) Of the number of "warnings" which issued in request (1)(b), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

I have been asked to advise you that Police requires an extension of time in which to respond to your request, pursuant to section 15A(1) of the Official Information Act 1982 (OIA). Specifically, section 15A(1)(b), consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.

Police requires until 21 December 2022 to provide a substantive response to your request. We are endeavouring to provide this to you as soon as possible.
You have the right, under section 28(3) of the OIA, to make a complaint to an Ombudsman about this extension.

If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [email address].

Ngā mihi

Julián (he/him)
Ministerial Services Advisor
NZ Police National Headquarters Wellington
If you’re wondering about the use of pronouns in email signatures, you can find more information here about how sharing pronouns can help create a sense of belonging and respect.
                   

-----Original Message-----
From: Ministerial Services
Sent: Tuesday, 18 October 2022 2:18 PM
To: 'AS Van Wey' <[FOI #20880 email]>
Subject: OIA Acknowledgement IR-01-22-32142

Tēnā koe As Van Wey

I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 17 October 2022.

Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 15 November 2022.

Kind regards, Dylan
Ministerial Services PNHQ

-----Original Message-----
From: AS Van Wey <[FOI #20880 email]>
Sent: Monday, 17 October 2022 11:10 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Correction of unlawful warnings by police

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,

Background:
The High Court declared in S v Commissioner of Police [2021] NZHC 743 (1 April 2021) that the decision made by the Police to issue a person with a formal warning was unlawful. In particular, the Police have no statutory authority to issue a formal warning, and, it is a breach of NZBORA to issue such a warning because it effectively lets the police become the judge and jury, denying the person their rights to natural justice.

A formal warning in this instance being a warning by Police to an alleged offender, where the alleged offender does not admit to having committed the alleged offence. In these instances, the Police may or may not believe they have sufficient evidence to charge or prosecute the alleged offender, and have choose not to charge or prosecute the alleged offender.

The High Court made orders
(a) setting aside the decision made by the Police on to issue the applicant with the formal warning; and
(b) directing the Police to forthwith remove all reference to the formal warning having been given to the applicant from the Police NIA database; and
(c) directing the Police to forthwith inform all parties to whom information regarding the formal warning has been provided in Police vetting reports, that the formal warning given to the applicant has been declared to be unlawful and has been set aside by order of this [High] Court.

Request:
(1) I request the number of "warnings" issued by the police in luie of taking any other action against an alleged offender (e.g., charging or prosecution) and for which the alleged offender had not admitted to the alleged offence, for the dates
(a) between 1 January 2009 and 1 April 2021, inclusive; and
(b) between 2 April 2021 to the date in which you action my request.

(2) Of the number of "warnings" which issued in request (1)(a), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(3) Of the number of "warnings" which issued in request (1)(b), the number of the instances in which ALL references to the "warning" were removed from the Police database.

(4) Of the number of "warnings" which issued in request (1)(a), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

(5) Of the number of "warnings" which issued in request (1)(b), the number of instances in which the Police contacted agencies and individuals to make a correction that there was no such warning, as such a warning has been deemed unlawful by the High Court.

Thank you.
AS Van Wey

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #20880 email]

Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...

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

hide quoted sections

Kia ora Amy

Please find attached the response to your Official Information Act
request, received by New Zealand Police on 17 October 2022.

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

Kind regards, Brittany
Ministerial Services PNHQ

 

 

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

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