Did Police seek advice from Crown Law on Electoral offences 2008-2014
Liam made this Official Information request to New Zealand Police
The request was partially successful.
From: Liam
Dear New Zealand Police,
This is a request for information, made under the provisions of ss4 and 5 of the Official Information Act 1982 (“the Act”). I therefore would like the following information;
1. For all Electoral Offences between 2008 and 2014, has the Police ever seeked advice from Crown Law on whether to prosecute or the general advice on certain fact patterns?
2. If so, how many cases have they seeked advice on?
3. Could you please provide a breakdown, preferably in a table, of what type (ie section of the Crimes Act) of offences they were for.
4. Could please provide any correspondence between Police and Crown Law regarding these matters, including the request for advice and the advice.
Please CONFIRM receipt of this email to prevent unnecessary follow-up emails and extensions requested.
------------------------------------------------------------------------------------------------------------------
As required by s12(1) of the Act, I am a New Zealand citizen. I will provide confirmation of this, if required. However, since all of our correspondence will be published on the FYI.org.nz site, I will only do so over the phone or email, with which you provide. This would only be for the purpose of citizenship confirmation, and nothing further related to this request.
As required by s12(3) of the Act, I shall provide reason(s) why this request should be treated as URGENT. The questions above raise important issues of accountability of the Government, its departments and agents. Any and all information provided as a result of this request could and may be published either by the writer online to a wide audience or passed onto media outlets for publication so that the public can be kept informed on important issues of transparency.
As required by s13(c) of the Act, if this request “has not been made … to the appropriate department or Minister of the Crown or organisation or local authority”, it is your duty to give reasonable assistance to me to direct my request to the appropriate department or Minister of the Crown or organisation or local authority.
Further to the above statutory requirement, under s14 of the Act, if the information I seek is either not held or you believe it is more closely connected with another department or Minister of the Crown or organisation, or of a local authority you shall promptly, and in any case not later than 10 working days after the day on which the request is received, transfer the request to the other department or Minister of the Crown or organisation, or to that local authority, AND inform me accordingly.
As required under s15A of the Act, if you believe that a time extension is warranted for this request, you must under ss15A(2),(3) and (4) give notice to me of this extension within 20 working days after the day on which my request was received. In that notice, you should state; the period of the extension, give reasons for the extension and remind me of my right to complain to the Ombudsman under s28(3). Finally, the extension must be for a reasonable time, having regards to the circumstances.
As required by s18B of the Act, you must consider consulting me before refusing my request under the provisions of ss18(e) and (f) which relate to a document not being able to be found or existing or where substantial collation and research would be required for my current request.
As required by s19(a)(i), you must provide reasons if you refuse any parts of this request.
I will, if required, complain to the Ombudsman, as is my right under s28(3) of the Act, if any of the above statutory requirements on you are not complied with. Further to this, if your reply is not “as soon as reasonably practicable, and in any case not later than 20 working days after the day on which the request is received” as required under s15(1) of the Act, I will also complain to the Ombudsman.
This request is made through the site FYI.org.nz. All correspondence will be automatically forwarded to me through the site and published online immediately. I require, where appropriate, all electronic copies of all documents in your response. For more information on how the site works, please visit www.fyi.org.nz/help/about.
Yours faithfully,
Liam Stoneley
New Zealand Police
Dear Liam. This request has been passed on for processing.
Kind regards,
PUBLIC AFFAIRS TEAM
NZ POLICE
MK
-----Liam Stoneley <[OIA #2459 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: Liam Stoneley <[OIA #2459 email]>
Date: 01/02/2015 04:04PM
Subject: Official Information Act request - Did Police seek advice from
Crown Law on Electoral offences 2008-2014
Dear New Zealand Police,
This is a request for information, made under the provisions of ss4 and
5 of the Official Information Act 1982 (“the Act”). I therefore would
like the following information;
1. For all Electoral Offences between 2008 and 2014, has the Police ever
seeked advice from Crown Law on whether to prosecute or the general
advice on certain fact patterns?
2. If so, how many cases have they seeked advice on?
3. Could you please provide a breakdown, preferably in a table, of what
type (ie section of the Crimes Act) of offences they were for.
4. Could please provide any correspondence between Police and Crown Law
regarding these matters, including the request for advice and the
advice.
Please CONFIRM receipt of this email to prevent unnecessary follow-up
emails and extensions requested.
------------------------------------------------------------------------------------------------------------------
As required by s12(1) of the Act, I am a New Zealand citizen. I will
provide confirmation of this, if required. However, since all of our
correspondence will be published on the FYI.org.nz site, I will only do
so over the phone or email, with which you provide. This would only be
for the purpose of citizenship confirmation, and nothing further related
to this request.
As required by s12(3) of the Act, I shall provide reason(s) why this
request should be treated as URGENT. The questions above raise important
issues of accountability of the Government, its departments and agents.
Any and all information provided as a result of this request could and
may be published either by the writer online to a wide audience or
passed onto media outlets for publication so that the public can be kept
informed on important issues of transparency.
As required by s13(c) of the Act, if this request “has not been made …
to the appropriate department or Minister of the Crown or organisation
or local authority”, it is your duty to give reasonable assistance to me
to direct my request to the appropriate department or Minister of the
Crown or organisation or local authority.
Further to the above statutory requirement, under s14 of the Act, if the
information I seek is either not held or you believe it is more closely
connected with another department or Minister of the Crown or
organisation, or of a local authority you shall promptly, and in any
case not later than 10 working days after the day on which the request
is received, transfer the request to the other department or Minister of
the Crown or organisation, or to that local authority, AND inform me
accordingly.
As required under s15A of the Act, if you believe that a time extension
is warranted for this request, you must under ss15A(2),(3) and (4) give
notice to me of this extension within 20 working days after the day on
which my request was received. In that notice, you should state; the
period of the extension, give reasons for the extension and remind me of
my right to complain to the Ombudsman under s28(3). Finally, the
extension must be for a reasonable time, having regards to the
circumstances.
As required by s18B of the Act, you must consider consulting me before
refusing my request under the provisions of ss18(e) and (f) which relate
to a document not being able to be found or existing or where
substantial collation and research would be required for my current
request.
As required by s19(a)(i), you must provide reasons if you refuse any
parts of this request.
I will, if required, complain to the Ombudsman, as is my right under
s28(3) of the Act, if any of the above statutory requirements on you are
not complied with. Further to this, if your reply is not “as soon as
reasonably practicable, and in any case not later than 20 working days
after the day on which the request is received” as required under s15(1)
of the Act, I will also complain to the Ombudsman.
This request is made through the site FYI.org.nz. All correspondence
will be automatically forwarded to me through the site and published
online immediately. I require, where appropriate, all electronic copies
of all documents in your response. For more information on how the site
works, please visit www.fyi.org.nz/help/about.
Yours faithfully,
Liam Stoneley
-------------------------------------------------------------------
This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[1]https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.
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===============================================================
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
References
Visible links
1. https://fyi.org.nz/help/officers
hide quoted sections
From: Liam
Dear New Zealand Police,
You have failed to respond to this request within the statutory timeframe.
I expect to complain to the Ombudsman within the coming days.
Yours faithfully,
Liam Stoneley
From: MCMAHON, Teresa
New Zealand 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
New Zealand Police
Hello Liam,
I've asked our Services team to find out what has happened to your OIA
request and respond to you.
Kind regards,
Police Public Affairs
-----Liam Stoneley <[OIA #2459 email]> wrote:
-----
To: <[New Zealand Police request email]>
From: Liam Stoneley <[OIA #2459 email]>
Date: 04/03/2015 01:42PM
Subject: Re: Official Information Act request - Did Police seek advice
from Crown Law on Electoral offences 2008-2014
Dear New Zealand Police,
You have failed to respond to this request within the statutory timeframe.
I expect to complain to the Ombudsman within the coming days.
Yours faithfully,
Liam Stoneley
-----Original Message-----
Dear Liam. This request has been passed on for processing.
Kind regards,
PUBLIC AFFAIRS TEAM
NZ POLICE
MK
-----Liam Stoneley <[OIA #2459 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request
email]>
From: Liam Stoneley <[OIA #2459 email]>
Date: 01/02/2015 04:04PM
Subject: Official Information Act request - Did Police seek advice from
Crown Law on Electoral offences 2008-2014
Dear New Zealand Police,
This is a request for information, made under the provisions of ss4 and
5 of the Official Information Act 1982 (“the Act”). I therefore would
like the following information;
1. For all Electoral Offences between 2008 and 2014, has the Police ever
seeked advice from Crown Law on whether to prosecute or the general
advice on certain fact patterns?
2. If so, how many cases have they seeked advice on?
3. Could you please provide a breakdown, preferably in a table, of what
type (ie section of the Crimes Act) of offences they were for.
4. Could please provide any correspondence between Police and Crown Law
regarding these matters, including the request for advice and the
advice.
Please CONFIRM receipt of this email to prevent unnecessary follow-up
emails and extensions requested.
------------------------------------------------------------------------------------------------------------------
As required by s12(1) of the Act, I am a New Zealand citizen. I will
provide confirmation of this, if required. However, since all of our
correspondence will be published on the FYI.org.nz site, I will only do
so over the phone or email, with which you provide. This would only be
for the purpose of citizenship confirmation, and nothing further related
to this request.
As required by s12(3) of the Act, I shall provide reason(s) why this
request should be treated as URGENT. The questions above raise important
issues of accountability of the Government, its departments and agents.
Any and all information provided as a result of this request could and
may be published either by the writer online to a wide audience or
passed onto media outlets for publication so that the public can be kept
informed on important issues of transparency.
As required by s13(c) of the Act, if this request “has not been made …
to the appropriate department or Minister of the Crown or organisation
or local authority”, it is your duty to give reasonable assistance to me
to direct my request to the appropriate department or Minister of the
Crown or organisation or local authority.
Further to the above statutory requirement, under s14 of the Act, if the
information I seek is either not held or you believe it is more closely
connected with another department or Minister of the Crown or
organisation, or of a local authority you shall promptly, and in any
case not later than 10 working days after the day on which the request
is received, transfer the request to the other department or Minister of
the Crown or organisation, or to that local authority, AND inform me
accordingly.
As required under s15A of the Act, if you believe that a time extension
is warranted for this request, you must under ss15A(2),(3) and (4) give
notice to me of this extension within 20 working days after the day on
which my request was received. In that notice, you should state; the
period of the extension, give reasons for the extension and remind me of
my right to complain to the Ombudsman under s28(3). Finally, the
extension must be for a reasonable time, having regards to the
circumstances.
As required by s18B of the Act, you must consider consulting me before
refusing my request under the provisions of ss18(e) and (f) which relate
to a document not being able to be found or existing or where
substantial collation and research would be required for my current
request.
As required by s19(a)(i), you must provide reasons if you refuse any
parts of this request.
I will, if required, complain to the Ombudsman, as is my right under
s28(3) of the Act, if any of the above statutory requirements on you are
not complied with. Further to this, if your reply is not “as soon as
reasonably practicable, and in any case not later than 20 working days
after the day on which the request is received” as required under s15(1)
of the Act, I will also complain to the Ombudsman.
This request is made through the site FYI.org.nz. All correspondence
will be automatically forwarded to me through the site and published
online immediately. I require, where appropriate, all electronic copies
of all documents in your response. For more information on how the site
works, please visit www.fyi.org.nz/help/about.
Yours faithfully,
Liam Stoneley
-------------------------------------------------------------------
This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[1][1]https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #2459 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA 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
References
Visible links
1. https://fyi.org.nz/help/officers
2. https://fyi.org.nz/help/officers
hide quoted sections
From: MCMAHON, Teresa
New Zealand Police
Dear Mr Stoneley
The attached reply was sent to you yesterday. I am sending it again in
case there was an error in the email address. Thank you for your patience.
Yours sincerely
Teresa McMahon
===============================================================
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
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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