IR-01-23-14294
7 August 2023
Mason Helm
fyi-request-22708-c5e28649@requests. fyi. org .nz
Tena koe Mason
Request for information
Thank you for your Of icial Information Act 1982 (OIA) request of 7 May 2023, in which you
asked for information regarding ANPR searches.
You wrote:
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:/lfyi.orq.nzlrequest/22265-anpr-surveillance-4-
disclosure-of-at-s-indefinite-database-of-license-plate-locations-to-the-police I
https:/lfyi.orq.nzlrequest/22265/response/84483/attach/3/Auckland%20Transport%20C
AS%20706856%20W4T3V8%20Mason%20ANPR%20Police.pdf).
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, nls near enough good
enough?" [2020) NZLJ 232 by Jack Garden touched briefly on the matter.
My response to each of your questions can be found below.
1. Provide all the material that was sent to Auckland Transport when the 10th request
was made.
Attached is one email relevant to request ten. Please note some information is withheld under
the following sections of the OIA:
• 6(c), as the making available of the information is likely to prejudice the maintenance of
the law including the prevention, investigation and detection of offences and the right to
a fair trial
• 9(2)(a), to protect the privacy of natural persons.
Police considers the interests requiring protection by withholding the information are not
outweighed by any public interest in release of the information.
Police National Headquarters
180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
2. 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/23793492-
auckland-transport-anpr-data-only-made-available-under-warrant-or-lgoima-cas-
658036-d0r2k8). Please provide all material relevant to the authority exercised in
each of the 10 requests since July 2021. (Warrants, Production Orders, privacy act
/PP requests, etc)
Police requested the information from Auckland Transport (AT) to support a current
investigation and AT replied under the Local Government Official Information and Meetings Act
1987. Police provided AT sufficient information for them to assess whether the information
could be released under the LGOIMA and Privacy Act Principles.
As previously advised (IR-01-23-18049 refers), the Privacy Act 2020 governs ANPR queries:
collection principles 1-4 in s 22 apply to requests made by Police, and principle 11 applies to the
platform provider, in the collection and disclosure of third-party data provided by ANPR
platforms to meet law enforcement functions.
3. of the 10 searches conducted since July 2021, how many resulted in criminal
prosecutions?
As of 25 July 2023, two of the reviews led to charges which are currently before the courts, and
one led to a prosecution which has been completed. It is important to note that if ANPR reviews
are requested by Police to assist in an investigation it does not always lead to charges being
filed. For example, there will be instances when a review is completed, and no data exists
and/or any data that does exist is not relevant to the offence under investigation.
4. From those criminal prosecutions, what details of the ANPR system
or data were
disclosed to the defendants? Please provide the documents with appropriate
redactions.
From the three reviews that had charges filed:
•
Two ANPR reviews completed by AT revealed no relevant information for any of the
vehicles of interest, however Police were able to identify and charge an offender(s).
•
One ANPR result was deemed not relevant to the prosecution case and therefore none
of the obtained data was disclosed to any of the defendants.
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:
www.ombudsman.parliament.nz.
Yours sincerely
Callum McNeil!
Inspector
New Zealand Police
Subject: RE: [EXTERNAL] RE: Analytical cameras (AMPR) Onewa Road
Thank you Derek for picking this up in my absence.
Hi Acton,
Please can I ask you the case number for the record?
Thanks again.
Cheers
Tom Zotov | CCTV Product Owner
Level 3, 20 Viaduct Harbour Avenue, Auckland 1010
s9(2)(a)
www.at.govt.nz
From: Derek Zhang (AT) <[email address]>
Sent: Wednesday, 18 January 2023 10:31 a.m.
To: DANIELS, Acton <[email address]>
Cc: Tom Zotov (AT) <[email address]>
Subject: RE: [EXTERNAL] RE: Analytical cameras (AMPR) Onewa Road
Hi Acton,
Please see attached results. I reckon it is for the same case as stated below? Thanks
Cheers,
Derek
Dr. Derek Zhang | Computer Vision Manager
ITS Programme | Digital & Technology Delivery | Business Technology
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
DDI s9(2)(a)
|
P 09 355 3553 |
M s9(2)(a)
[email address] | www.at.govt.nz
From: DANIELS, Acton <[email address]>
Sent: Tuesday, 17 January 2023 5:32 pm
To: Derek Zhang (AT) <[email address]>
Subject: RE: [EXTERNAL] RE: Analytical cameras (AMPR) Onewa Road
HI Derek
Can you please check the following plate as well
s9(2)
Please and thank you
( )
Regards
Acton DANIELS
ADFN20
Detective Constable
Waitemata East Generals CIB
North Shore Policing Centre, 52 Parkway Drive, Mairangi Bay, Auckland.
New Zealand Police
s9(2)(a)
E [email address]
Derek
From: DANIELS, Acton <[email address]>
Sent: Thursday, 12 January 2023 10:20 am
To: Derek Zhang (AT) <[email address]>; MARSHALL, Hannah
<[email address]>
Subject: RE: [EXTERNAL] RE: Analytical cameras (AMPR) Onewa Road
Hi Derek
Apologies on this but the rego for s9(2)(a) should bes9(2)(a) . Are you able to do this one.
Apologies. Thank you for the efficient work
Regards
Acton DANIELS
ADFN20
Detective Constable
Waitemata East Generals CIB
North Shore Policing Centre, 52 Parkway Drive, Mairangi Bay, Auckland.
New Zealand Police
M s9(2)(a)
E [email address]
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.
From: Derek Zhang (AT) <[email address]>
Sent: Thursday, 12 January 2023 10:13 AM
To: MARSHALL, Hannah <[email address]>
Cc: DANIELS, Acton <[email address]>
Subject: RE: [EXTERNAL] RE: Analytical cameras (AMPR) Onewa Road
Hi Hannah,
I have done the search for the requested vehicles of interest ( s9(2)(a)
) . Please
note that these lists contain all the available history of the requested plates. Also note that this info
is hashed in our database to protect people’s privacy but for your benefit I have manually converted
to this readable format. As you can see there are some hits on Onewa Rd, so hopefully this could
help.
Let me know if you need any further assistance. Thanks
s9(2)(a)
===============================================================
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
Important notice: The contents of this email and any attachments may be confidential and subject to legal privilege. If you
have received this email message in error please notify us immediately and erase all copies of the message and
attachments; any use, disclosure or copying of this message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the views of Auckland Transport.
Important notice: The contents of this email and any attachments may be confidential and subject to legal privilege. If you
have received this email message in error please notify us immediately and erase all copies of the message and
attachments; any use, disclosure or copying of this message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the views of Auckland Transport.
Important notice: The contents of this email and any attachments may be confidential and subject to legal privilege. If you
have received this email message in error please notify us immediately and erase all copies of the message and
attachments; any use, disclosure or copying of this message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the views of Auckland Transport.
Important notice: The contents of this email and any attachments may be confidential and subject to legal privilege. If you
have received this email message in error please notify us immediately and erase all copies of the message and
attachments; any use, disclosure or copying of this message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the views of Auckland Transport.
