Tēnā koe Mason

I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 7 May 2023.

Your reference number is IR-01-23-13943.

You can expect a response to your request on or before 2 June 2023 unless an extension is needed.

Ngā mihi
Catherine
Ministerial Services
Police National Headquarters

-----Original Message-----
From: M B <[FYI request #22708 email]>
Sent: Sunday, 7 May 2023 1:54 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Police searches of Auckland Transport's ANPR database

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,

On 01/05/2023 Auckland transport responded to an OIA and stated that the New Zealand Police had been provided information from their ANPR database on 10 occasions since June 2021 (https://fyi.org.nz/request/22265-anpr-su... / https://fyi.org.nz/request/22265/respons...).

The search particulars of the 10th query suggest that ANPR may be being used by the NZ Police in a similar fashion to how cell tower dumps are operated - indiscriminate collection of innocent people's data who have no involvement in the criminal investigationn. The indiscriminate nature of collection with such techniques has lead to international and controversial discussion. Domestically, "Is near enough good enough?" [2020] NZLJ 232 by Jack Garden touched briefly on the matter.

Information request:
- provide all the material that was sent to Auckland Transport when the 10th request was made.
- In an LGOIMA response, CAS-658036-D0R2K8, from Auckland Transport they stated that "ANPR data is made available only to Police either pursuant to warrant or under the LGOIMA." (https://www.documentcloud.org/documents/...). Please provide all material relevant to the authority exercised in each of the 10 requests since July 2021. (Warrants, Production Orders, privacy act IPP requests, etc)
- of the 10 searches conducted since July 2021, how many resulted in criminal prosecutions?
- From those criminal prosecutions, what details of the ANPR system or data were disclosed to the defendants? Please provide the documents with appropriate redactions.

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:
[FYI request #22708 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 Mason

I refer to your request of 7 May as below.

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)(a), the request necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the organisation, and 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 28 July 2023 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,

Penni

Penni Davenport | Senior Advisor
Ministerial Services | Policy & Partnerships | PNHQ

-----Original Message-----
From: M B <[FOI #22708 email]>
Sent: Sunday, May 7, 2023 1:54 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Police searches of Auckland Transport's ANPR database

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,

On 01/05/2023 Auckland transport responded to an OIA and stated that the New Zealand Police had been provided information from their ANPR database on 10 occasions since June 2021 (https://fyi.org.nz/request/22265-anpr-su... / https://fyi.org.nz/request/22265/respons...).

The search particulars of the 10th query suggest that ANPR may be being used by the NZ Police in a similar fashion to how cell tower dumps are operated - indiscriminate collection of innocent people's data who have no involvement in the criminal investigationn. The indiscriminate nature of collection with such techniques has lead to international and controversial discussion. Domestically, "Is near enough good enough?" [2020] NZLJ 232 by Jack Garden touched briefly on the matter.

Information request:
- provide all the material that was sent to Auckland Transport when the 10th request was made.
- In an LGOIMA response, CAS-658036-D0R2K8, from Auckland Transport they stated that "ANPR data is made available only to Police either pursuant to warrant or under the LGOIMA." (https://www.documentcloud.org/documents/...). Please provide all material relevant to the authority exercised in each of the 10 requests since July 2021. (Warrants, Production Orders, privacy act IPP requests, etc)
- of the 10 searches conducted since July 2021, how many resulted in criminal prosecutions?
- From those criminal prosecutions, what details of the ANPR system or data were disclosed to the defendants? Please provide the documents with appropriate redactions.

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:
[FOI #22708 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

 

Good afternoon Mason

 

Unfortunately your OIA response will not be released to you today as is in
the final stages of review. I am hoping to be able to release it you the
week starting 7 August but will do my best to have it released to you as
soon as possible. 

 

I apologise for any inconvenience this may cause.

 

Ngā mihi,

 

Penni

Penni Davenport | Senior Advisor

Ministerial Services | Policy & Partnerships | 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

Good afternoon Mason

 

Unfortunately your OIA response is still in the final stages of review. I
am hoping to be able to release it you the week starting 7 August but will
do my best to have it released to you as soon as possible. 

 

I apologise for any inconvenience this may cause.

 

Ngā mihi,

 

Penni

Penni Davenport | Senior Advisor

Ministerial Services | Policy & Partnerships | 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

 

Dear Mason,

 

Please refer to the response letter attached for your OIA request made.

 

Thank you.

 

Kind regards

 

Elsa Wu (she/her)

CMSU Supervisor

Case Management Support

Auckland City Police

 

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

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