Corrections & 'Buddi' contractor for electronic monitoring - Faulty Equipment - Human rights - Access to Justice
M B made this Official Information request to Department of Corrections
The request was successful.
      From: M B
      
    
    Dear Department of Corrections,
CONTEXT OF REQUEST:
The new electronic monitoring system provided by private contractor - Buddi - was rolled out between February and August 2022 (https://fyi.org.nz/request/18901/respons...).
The Buddi supplied electronic monitoring device attached to a defendant or parole's leg is called a 'smart tag' and the portable charger that charges that smart tag is called an 'on body charger' (OBC). Part of the agreement that people subject to electronic monitoring must accept is that the smart tag will be charged for 2 hours every day via the OBC (https://fyi.org.nz/request/18901/respons...). The smart tag is the same for everyone, there is no longer different equipment for home detention as opposed to community detention (https://www.corrections.govt.nz/our_work...).
Prior to the 2022 phase out, '3M' was the provider of electronic monitoring equipment. There were two types of bracelets based on the conditions imposed: one was a combination of GPS and RF; the other bracelet was RF only.
I have been made aware that there has been a significant increase in the number of faults with the new Buddi equipment. Although, given that there have been previous reports of faulty equipment dating as far back as 2010 (https://www.odt.co.nz/news/dunedin/monit...), it is unclear whether these anecdotal reports are consistent with the number of historic faults.
REQUEST FOR INFORMATION:
Old System:
- Please provide the OIA response to DEBBIE PORTEOUS of the Otago Times from 2010 that was referenced in this article https://www.odt.co.nz/news/dunedin/monit.... 
In the 3 months of 2021, September, October, and November:
-  On average, how many people were subject to EM at any one time?
- how many faults were recorded for EM equipment? 
- please provide the quantities of each type of equipment (OBC, trackers, base station...) that was retuned for repair or to be sent back to the supplier. Please itemise each category of equipment; dates are not required, just quantities. 
- how many times was EM equipment failed to be charge resulting in an alert in the monitoring system? RF bracelets did not require charging, so this request is inherently limited to those who were subject to EM equipment that required charging (EM Bail, Home detention, Parole).  
- how many times was a prosecution launched for a breach of bail / parole / other form of breach such as a parole recall, result from those failures to charge? Please forward this portion of the request to the MOJ or Police should that be appropriate. In which case, it is likely that there may need to be collaboration. 
New Buddi system:
In the 3 months of 2022, September, October, and November:
-  On average, how many people were subject to EM at any one time?
- how many faults were recorded for EM equipment? 
- please provide the quantity of each type of equipment (OBC, trackers, base station...) that was retuned for repair or to be sent back to the supplier. Please itemise each category of equipment; dates are not required, just quantitiess. 
- how many times was EM equipment failed to be charge resulting in an alert in the monitoring system? RF bracelets did not require charging, so this request is inherently limited to those who were subject to EM equipment that required charging (EM Bail, Home detention, Parole).  
- how many times was a prosecution launched for a breach of bail / parole / other form of breach such as a parole recall, result from a failure to charge trackers? Please forward this portion of the request to the MOJ or Police should that be appropriate. In which case, it is likely that there may need to be collaboration. 
In regard to whether this request constitutes substantial collation or research, I note that a similar request was granted in 2010 following similar queries (https://www.odt.co.nz/news/dunedin/monit...). The material requested is also of significant public interest given the inherent human rights and access to justice implications of equipment that is used to mitigate risks of bail, serve sentences in lieu of custodial sentences, and monitor paroles. When this equipment fails, those rights have the potential to be unjustifiable limited.
Yours faithfully,
Mason.
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora,
Thank you for contacting the Department of Corrections; this is an
 automatic reply to confirm we have received your email – please do not
 reply to this e mail.
 
If you are requesting information we are required to comply with the
 Privacy Act 2020, the Official Information Act 1982 and the Victims Rights
 Act 2002.
 
Depending on the nature of your request you may not receive an official
 response for up to 20 working days.
 
Be assured we will endeavour to respond to you as quickly as possible.
 
If you are a friend or family member of someone in prison, you can find
 some useful information [1]here.
 
In most cases we are required to ask the person in prison for their
 permission to release their information to you.  If you do not want the
 person to know you are asking about them, please let us know as soon as
 possible.
 
All media queries should be sent to [2][email address].
 
If you are a victim, you will find information about the Victim
 Notification Register on our website [3]here.
 
Our website, [4]http://www.corrections.govt.nz/ provides up to date news
 and information about our work, you can also follow us on [5]Facebook and
 [6]Twitter.
 
Kind regards,
The Ministerial Services Team
[7][Department of Corrections request email]
 
 
 
show quoted sections
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora,
Thank you for your email.
We are in receipt of your email.
If you are requesting information we are required to comply with the Privacy Act 2020, the Official Information Act 1982 and the Victims Rights Act 2002.
Depending on the nature of your request you may not receive an official response for up to 20 working days.
We will respond to you in due course.
Ngā mihi | Kind regards,
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: National Office, Mayfair House, 44-52 The Terrace, Wellington 6011
show quoted sections
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora Mason,
Please see the attached notification of partial transfer from Corrections.
 
Ngā mihi o te wā, 
 
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: Mayfair House, 44 - 52 The Terrace, Wellington 6011 | Private Bag
 1206, Wellington 6140 |
[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]
 
 
 
 
 
show quoted sections
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora Mason,
Please see the attached correspondence from Corrections.
 
Ngā mihi o te wā, 
 
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: Mayfair House, 44 - 52 The Terrace, Wellington 6011 | Private Bag
 1206, Wellington 6140 |
[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]
 
 
 
show quoted sections
        From: Ministerial Services
      
    
    Good afternoon
 
I refer to your request, our reference IR-01-23-16663, which was
 transferred to NZ Police from the Department of Corrections, for
 
In the 3 months of 2021, September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from those failures
 to charge? Please forward this portion of the request to the MOJ or Police
 should that be appropriate. In which case, it is likely that there may
 need to be collaboration.
In the 3 months of 2022, September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from a failure to
 charge trackers? Please forward this portion of the request to the MOJ or
 Police should that be appropriate. In which case, it is likely that there
 may need to be collaboration.
 
I am writing to advise Police is transferring your request to the Ministry
 of Justice. The information to which your request relates is not held by
 Police but is believed to be held by or is more closely connected with the
 functions of the Ministry of Justice. In these circumstances, agencies are
 required by section 14 of the OIA to transfer the request.
 
You will hear further from Ministry of Justice concerning your request.
 
Ngā mihi
 Lisa MacKenzie
 Ministerial Services
 Police National Headquarters
 
 
----- Message from M B <[1][FYI request #22703 email]>
 on Sat, 6 May 2023 06:27:14 +0000 -----
To: "Info@Corrections" <[2][Department of Corrections request email]>
 Official Information request - Corrections & 'Buddi' contractor
 Subject: for
 electronic monitoring - Faulty Equipment - Human rights - Access
 to Justice
[You don't often get email from
 [3][FYI request #22703 email]. Learn why this is
 important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Department of Corrections,
CONTEXT OF REQUEST:
The new electronic monitoring system provided by private contractor -
 Buddi - was rolled out between February and August 2022
 ([5]https://aus01.safelinks.protection.outlo...).
The Buddi supplied electronic monitoring device attached to a defendant or
 parole's leg is called a 'smart tag' and the portable charger that charges
 that smart tag is called an 'on body charger' (OBC). Part of the agreement
 that people subject to electronic monitoring must accept is that the smart
 tag will be charged for 2 hours every day via the OBC
 ([6]https://aus01.safelinks.protection.outlo...).
 The smart tag is the same for everyone, there is no longer different
 equipment for home detention as opposed to community detention
 ([7]https://aus01.safelinks.protection.outlo...).
Prior to the 2022 phase out, '3M' was the provider of electronic
 monitoring equipment. There were two types of bracelets based on the
 conditions imposed: one was a combination of GPS and RF; the other
 bracelet was RF only.
I have been made aware that there has been a significant increase in the
 number of faults with the new Buddi equipment. Although, given that there
 have been previous reports of faulty equipment dating as far back as 2010
 ([8]https://aus01.safelinks.protection.outlo...),
 it is unclear whether these anecdotal reports are consistent with the
 number of historic faults.
REQUEST FOR INFORMATION:
Old System:
 - Please provide the OIA response to DEBBIE PORTEOUS of the Otago Times
 from 2010 that was referenced in this article
 [9]https://aus01.safelinks.protection.outlo....
In the 3 months of 2021, September, October, and November:
 - On average, how many people were subject to EM at any one time?
 - how many faults were recorded for EM equipment?
 - please provide the quantities of each type of equipment (OBC, trackers,
 base station...) that was retuned for repair or to be sent back to the
 supplier. Please itemise each category of equipment; dates are not
 required, just quantities.
 - how many times was EM equipment failed to be charge resulting in an
 alert in the monitoring system? RF bracelets did not require charging, so
 this request is inherently limited to those who were subject to EM
 equipment that required charging (EM Bail, Home detention, Parole).
 - how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from those failures
 to charge? Please forward this portion of the request to the MOJ or Police
 should that be appropriate. In which case, it is likely that there may
 need to be collaboration.
New Buddi system:
 In the 3 months of 2022, September, October, and November:
 - On average, how many people were subject to EM at any one time?
 - how many faults were recorded for EM equipment?
 - please provide the quantity of each type of equipment (OBC, trackers,
 base station...) that was retuned for repair or to be sent back to the
 supplier. Please itemise each category of equipment; dates are not
 required, just quantitiess.
 - how many times was EM equipment failed to be charge resulting in an
 alert in the monitoring system? RF bracelets did not require charging, so
 this request is inherently limited to those who were subject to EM
 equipment that required charging (EM Bail, Home detention, Parole).
 - how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from a failure to
 charge trackers? Please forward this portion of the request to the MOJ or
 Police should that be appropriate. In which case, it is likely that there
 may need to be collaboration.
In regard to whether this request constitutes substantial collation or
 research, I note that a similar request was granted in 2010 following
 similar queries
 ([10]https://aus01.safelinks.protection.outlo...).
 The material requested is also of significant public interest given the
 inherent human rights and access to justice implications of equipment that
 is used to mitigate risks of bail, serve sentences in lieu of custodial
 sentences, and monitor paroles. When this equipment fails, those rights
 have the potential to be unjustifiable limited.
Yours faithfully,
 Mason.
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
 [11][FYI request #22703 email]
Is [12][Department of Corrections request email] the wrong address for Official Information
 requests to Department of Corrections? If so, please contact us using this
 form:
 [13]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
 the internet. Our privacy and copyright policies:
 [14]https://aus01.safelinks.protection.outlo...
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.
show quoted sections
References
Visible links
 1. mailto:[FYI request #22703 email]
 2. mailto:[Department of Corrections request email]
 3. mailto:[FYI request #22703 email]
 4. https://aka.ms/LearnAboutSenderIdentific...
 5. https://fyi.org.nz/request/18901/respons...
 6. https://fyi.org.nz/request/18901/respons...
 7. https://www.corrections.govt.nz/our_work...
 8. https://www.odt.co.nz/news/dunedin/monit...
 9. https://www.odt.co.nz/news/dunedin/monit...
 10. https://www.odt.co.nz/news/dunedin/monit...
 11. mailto:[FYI request #22703 email]
 12. mailto:[Department of Corrections request email]
 13. https://fyi.org.nz/change_request/new?bo...
 14. https://fyi.org.nz/help/officers
        From: OIA@justice.govt.nz
      
    
    Kia ora Mason,
 
Your OIA request was partially transferred from NZ Police to  Ministry of
 Justice.
 
We acknowledge receipt of your request regarding In the 3 months of 2021,
 September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from those failures
 to charge? Please forward this portion of the request to the MOJ or Police
 should that be appropriate. In which case, it is likely that there may
 need to be collaboration.
In the 3 months of 2022, September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from a failure to
 charge trackers? Please forward this portion of the request to the MOJ or
 Police should that be appropriate. In which case, it is likely that there
 may need to be collaboration.
 
This has been forwarded to the relevant business unit for consideration
 and response.
 
You can expect a response by 27/07/2023
 
The Ministry of Justice may publish the response to your request on our
 website, you can expect that if your OIA is to be published that this will
 take place at least 10 working days after it has been sent you. Your name
 and any other personal information will be withheld under Section 9(2)(a)
 (protect the privacy of natural persons).
 
 
  Ngā mihi,
Ministerial Relations and Services
Governance and Assurance
DDI: +64 4 918 8800
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[1]www.justice.govt.nz
 
 
 
 
From: Ministerial Services <[email address]>
 Sent: Wednesday, 28 June 2023 1:00 pm
 To: '[FOI #22703 email]'
 <[FOI #22703 email]>
 Subject: RE: Transfer of your Official Information Act request/ C168285
 Partial Transfer request (ref IR-01-23-16663)
 
Good afternoon
 
I refer to your request, our reference IR-01-23-16663, which was
 transferred to NZ Police from the Department of Corrections, for
 
In the 3 months of 2021, September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from those failures
 to charge? Please forward this portion of the request to the MOJ or Police
 should that be appropriate. In which case, it is likely that there may
 need to be collaboration.
In the 3 months of 2022, September, October, and November:
- how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from a failure to
 charge trackers? Please forward this portion of the request to the MOJ or
 Police should that be appropriate. In which case, it is likely that there
 may need to be collaboration.
 
I am writing to advise Police is transferring your request to the Ministry
 of Justice. The information to which your request relates is not held by
 Police but is believed to be held by or is more closely connected with the
 functions of the Ministry of Justice. In these circumstances, agencies are
 required by section 14 of the OIA to transfer the request.
 
You will hear further from Ministry of Justice concerning your request.
 
Ngā mihi
 Lisa MacKenzie
 Ministerial Services
 Police National Headquarters
 
 
----- Message from M B <[2][FOI #22703 email]>
 on Sat, 6 May 2023 06:27:14 +0000 -----
To: "Info@Corrections" <[3][Department of Corrections request email]>
 Official Information request - Corrections & 'Buddi' contractor
 Subject: for
 electronic monitoring - Faulty Equipment - Human rights - Access
 to Justice
[You don't often get email from
 [4][FOI #22703 email]. Learn why this is
 important at [5]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Department of Corrections,
CONTEXT OF REQUEST:
The new electronic monitoring system provided by private contractor -
 Buddi - was rolled out between February and August 2022
 ([6]https://aus01.safelinks.protection.outlo...).
The Buddi supplied electronic monitoring device attached to a defendant or
 parole's leg is called a 'smart tag' and the portable charger that charges
 that smart tag is called an 'on body charger' (OBC). Part of the agreement
 that people subject to electronic monitoring must accept is that the smart
 tag will be charged for 2 hours every day via the OBC
 ([7]https://aus01.safelinks.protection.outlo...).
 The smart tag is the same for everyone, there is no longer different
 equipment for home detention as opposed to community detention
 ([8]https://aus01.safelinks.protection.outlo...).
Prior to the 2022 phase out, '3M' was the provider of electronic
 monitoring equipment. There were two types of bracelets based on the
 conditions imposed: one was a combination of GPS and RF; the other
 bracelet was RF only.
I have been made aware that there has been a significant increase in the
 number of faults with the new Buddi equipment. Although, given that there
 have been previous reports of faulty equipment dating as far back as 2010
 ([9]https://aus01.safelinks.protection.outlo...),
 it is unclear whether these anecdotal reports are consistent with the
 number of historic faults.
REQUEST FOR INFORMATION:
Old System:
 - Please provide the OIA response to DEBBIE PORTEOUS of the Otago Times
 from 2010 that was referenced in this article
 [10]https://aus01.safelinks.protection.outlo....
In the 3 months of 2021, September, October, and November:
 - On average, how many people were subject to EM at any one time?
 - how many faults were recorded for EM equipment?
 - please provide the quantities of each type of equipment (OBC, trackers,
 base station...) that was retuned for repair or to be sent back to the
 supplier. Please itemise each category of equipment; dates are not
 required, just quantities.
 - how many times was EM equipment failed to be charge resulting in an
 alert in the monitoring system? RF bracelets did not require charging, so
 this request is inherently limited to those who were subject to EM
 equipment that required charging (EM Bail, Home detention, Parole).
 - how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from those failures
 to charge? Please forward this portion of the request to the MOJ or Police
 should that be appropriate. In which case, it is likely that there may
 need to be collaboration.
New Buddi system:
 In the 3 months of 2022, September, October, and November:
 - On average, how many people were subject to EM at any one time?
 - how many faults were recorded for EM equipment?
 - please provide the quantity of each type of equipment (OBC, trackers,
 base station...) that was retuned for repair or to be sent back to the
 supplier. Please itemise each category of equipment; dates are not
 required, just quantitiess.
 - how many times was EM equipment failed to be charge resulting in an
 alert in the monitoring system? RF bracelets did not require charging, so
 this request is inherently limited to those who were subject to EM
 equipment that required charging (EM Bail, Home detention, Parole).
 - how many times was a prosecution launched for a breach of bail / parole
 / other form of breach such as a parole recall, result from a failure to
 charge trackers? Please forward this portion of the request to the MOJ or
 Police should that be appropriate. In which case, it is likely that there
 may need to be collaboration.
In regard to whether this request constitutes substantial collation or
 research, I note that a similar request was granted in 2010 following
 similar queries
 ([11]https://aus01.safelinks.protection.outlo...).
 The material requested is also of significant public interest given the
 inherent human rights and access to justice implications of equipment that
 is used to mitigate risks of bail, serve sentences in lieu of custodial
 sentences, and monitor paroles. When this equipment fails, those rights
 have the potential to be unjustifiable limited.
Yours faithfully,
 Mason.
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
 [12][FOI #22703 email]
Is [13][Department of Corrections request email] the wrong address for Official Information
 requests to Department of Corrections? If so, please contact us using this
 form:
 [14]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
 the internet. Our privacy and copyright policies:
 [15]https://aus01.safelinks.protection.outlo...
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.
show quoted sections
References
Visible links
 1. http://www.justice.govt.nz/
 2. mailto:[FOI #22703 email]
 3. mailto:[Department of Corrections request email]
 4. mailto:[FOI #22703 email]
 5. https://aka.ms/LearnAboutSenderIdentific...
 6. https://fyi.org.nz/request/18901/respons...
 7. https://fyi.org.nz/request/18901/respons...
 8. https://www.corrections.govt.nz/our_work...
 9. https://www.odt.co.nz/news/dunedin/monit...
 10. https://www.odt.co.nz/news/dunedin/monit...
 11. https://www.odt.co.nz/news/dunedin/monit...
 12. mailto:[FOI #22703 email]
 13. mailto:[Department of Corrections request email]
 14. https://fyi.org.nz/change_request/new?bo...
 15. https://fyi.org.nz/help/officers
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora Mason,
 
Please see the attached correspondence from Corrections.
 
Ngā mihi o te wā, 
 
Ministerial Services
Department of Corrections, Ara Poutama Aotearoa
a: Mayfair House, 44 - 52 The Terrace, Wellington 6011 | Private Bag
 1206, Wellington 6140 |
[1][IMG] [2][IMG] [3][IMG] [4][IMG] [5][IMG]
 
 
 
 
 
show quoted sections
      From: M B
      
    
    Dear Info@Corrections,
Can you please stage this response to release the information that is accessible currently - the previous OIA response.
Also, can you please clarify the reason that the information is not held for each of the refusals?
I am unsure why faults for the buddi system would be recorded but not for others subject to electronic monitoring. Is this information perhaps held by another agency?
Many thanks in advance. 
Yours sincerely,
Mason.
        From: Info@Corrections
        Department of Corrections
      
    
    Kia ora Mason,
Please see the attached correspondence from Corrections.
I hope this adequately addresses your queries.
Ngā mihi o te wā,
Ministerial Services
 Department of Corrections, Ara Poutama Aotearoa
a: Mayfair House, 44 - 52 The Terrace, Wellington 6011 | Private Bag 1206, Wellington 6140 |
show quoted sections
        From: Easton, Paul
      
    
    Tēnā koe Mason,
 
Please find your OIA response attached.
 
 
Ngā mihi,
Paul Easton
Principal Media Advisor | Communications Services
 Ministry of Justice | Tāhū o te Ture
027 276 9810
[1][email address] | [2]justice.govt.nz
 
 
 
References
Visible links
 1. mailto:[email address]
 2. http://www.justice.govt.nz/
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 


Ariana left an annotation ()
I am currently wearing a buddi bracelet sentenced for five months I suffer from severe pulmonary hypertension right side of my heart is bigger then my left ! and am sensitive to electro magnetic resonance frequency I am wondering what side of my body is safest to wear this on and also are you able to help with details of study's done about the health effects as the device is GPS tracked which relies on cell tower please help ancer my questions
Link to this