IR-01-22-34038
1982
Act
19 December 2022
Mason Helm
[FYI request #20978 email]
Information
Dear Mason
Thank you for your Of icial Information Act 1982 (OIA) request of 30 October 2022, where
you requested the following information:
On 27/10/2022 I received a blanket refusal of several outstanding OIA requests related
Official
to ANPR surveil ance under s18(f) - substantial collation or research:
https:/ fyi.org.nz/request/20598/response/78822/attach/4/Helm%20Mason%20Respons
e%20to%20multiple%20requests.pdf
the
I have refined my request as follows.
CONTEXT:
In the recent OIA response related to Operation HIKING on page 344 it is stated that the
under
"stolen" NIA alert for women's vehicle was entered on 14/10/2021 at 8.12 am. On page
201 it is then stated that "stolen [redacted] removed from vehicle by detective Murray
Spiers" on 29/10/2021 (14 days later?): IR-01-22-6730
https://www.documentcloud.org/documents/22275158-davidfisher_ir-01-22-6730-
response_redacted_compressed
Police
The effect of entering a stolen alert in the NIA was that the women would be subject to
real time ANPR alerts across all ANPR platforms including Mobile ANPR (Police Cars),
Static Police Cameras, Auror & vGRID. As stated by the Police Manual Chapter on
NZ
ANPR, real time alerts require a tracking warrant (https://www.police.govt.nz/about-
us/publication/automatic-number-plate-recognition-police-manual-chapter-0).
by
In response to several media requests in September 2022, the Police stated that this
alert was "lawful" due to the public health risks. Presumably the police are referring to
their emergency warrantless tracking device use authority under to the s 48(2)(b) of the
search and surveil ance act, relying on s 14(2)(b): a risk to life or safety that requires an
emergency response.
Disclosed
Tamaki Makaurau – Information Request Team
Piki Ki Te Ao, 482 Great South Road, Otahuhu, Auckland
Telephone: 09 839 0634. Email : [email address]
Each point has been dealt with individually as follows:
1.
all available information on what statutory power did the police exercise to track
the women via ANPR?
Police relied on section 71A of the Health Act 1956 – Power of constables to assist medical
officer of health in relation to infectious diseases; and
Information privacy principle 11 of the Privacy Act 2020 (1)(f)(i) – an agency that holds
personal information must not disclose the information to any other agency or to any person
unless the agency believes, on reasonable grounds, that the disclosure of the information is
necessary to prevent or lessen a serious threat to public health or public safety.
2.
all available information on how many hours the 'stolen' alert was on the women's
vehicle?
Police can confirm the fol owing:
Vehicle 1 – 4 hours and 42 minutes
Vehicle 2 – 18 days.
3.
If the authority for tracking the women was derived from the Search and
Surveil ance act s 48 (emergency powers to use the tracking device), was a report
by s 60 provided to a judge?
Your item 3. is refused under section 18(e) of the OIA – as the information requested does
not exist as the power you refer to was not utilised.
4.
If so, please provide a redacted copy.
Your item 4. is refused under section 18(e) of the OIA – as the information requested does
not exist as per Item 3. above.
5.
if there were multiple vehicles listed as 'stolen' please provide the above
information for each.
Your item 5. is refused under section 18(e) of the OIA – as the information requested does
not exist.
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 request a review is available at:
www.ombudsman.parliament.nz.
Yours sincerely
by NZ Police under the Official Information Act 1982
L Cleaver
Senior Project Of icer
Disclosed
Tamaki Makaurau – Information Request Team
Piki Ki Te Ao, 482 Great South Road, Otahuhu, Auckland
Telephone: 09 839 0634. Email : [email address]
