Navy Commander Allegedly Under Investigation
NZ Citizen made this Official Information request to New Zealand Defence Force
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From: NZ Citizen
Dear New Zealand Defence Force,
The New Zealand Herald has published this article found here: https://www.nzherald.co.nz/nz/top-naval-...
As such, I kindly request any and all information regrading this situation. I acknowledge that the release of this information may be limited to respect the privacy of the Navy Commander, as well as not to compromise the reported investigation in accordance with the Official Information Act 1982.
At the very least, I would be expecting confirmation that an investigation is or is not taking place.
Yours faithfully,
T
From: Ministerial Services
New Zealand Defence Force
Link: [1]File-List
Link: [2]Edit-Time-Data
Good morning “T”,
Given the information being requested, please send proof of your
eligibility to make a request under section 12 of the Official Information
Act 1982 to [3][NZDF request email] for consideration.
Regards
Corporate and Ministerial Services
OCDF, Office of Chief of Defence Force
New Zealand Defence Force
[4]www.nzdf.mil.nz
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From: NZ Citizen
Kia ora,
I affirm, under penalty of perjury, that I meet the requirements cited under Section 12(1) of the Official Information Act to make an Official Information Act Request as I am a New Zealand Citizen and that I reside in New Zealand. This constitutes evidence of eligibility to make a request under the OIA, compliant with both the Official Information Act and the Privacy Act.
Please refer to the Privacy Act, Section 22, Information privacy principle 1, (1)(b) and (2).
Yours sincerely,
T
From: Ministerial Services
New Zealand Defence Force
Good morning “T”,
As you have noted, an investigation is currently underway. The following
statement was provided to journalists on Friday 27 September 2024:
The Commanding Officer of HMNZS CANTERBURY has not been removed from
Command. However, Commander Martin Walker is the Acting Commanding Officer
on an interim basis.
We can confirm that there is an investigation ongoing and it is therefore
not appropriate to comment further.
Further information is withheld in full in accordance with section 6(c) of
the Official Information Act 1982 (OIA).
You have the right, under section 28(3) of the OIA, to ask an Ombudsman to
review this response to your request. Information about how to make a
complaint is available at [1]www.ombudsman.parliament.nz or freephone 0800
802 602.
Regards
Corporate and Ministerial Services
OCDF, Office of Chief of Defence Force
New Zealand Defence Force
[2]www.nzdf.mil.nz
[3]cid:image001.png@01DB1322.FCC42390
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From: NZ Citizen
Dear Ministerial Services,
This article, including an NZDF announcement, has stated that the Commander will be returning to her command duties. https://www.stuff.co.nz/nz-news/36052129...
No other information was provided other than it was regarding conduct.
Previously, when allegations were made against members of the defence force and the allegations were published, insight into those allegations was provided. See the following links:
https://www.rnz.co.nz/news/national/3626...
https://www.nzherald.co.nz/nz/navy-recru...
https://www.nzherald.co.nz/nz/court-mart...
I note that this Commander was not involved in a Court Martial nor Summary Trial. However, it seems odd that information regarding enlisted/ratings and allegations made against them are in the public domain, yet not with this high ranking officer. Nevertheless, "administrative action" is most certainly some form of correcting behaviour.
Therefore, I am kindly requesting the following information:
1. Please provide more specific information on the allegations made against Commander Heslop rather than just her conduct. Please also include whether those allegations were substantiated.
2. Can you please confirm whether this was in regards to the Commander allegedly discussion confidential information about sailors with other personnal on the HMNZS Canterbury, therefore breaching privacy?
3. Are those who have made allegations against this Commander still posted or attached to the HMNZS Canterbury? If not, why not?
4. Why is it that the allegations regarding this officer have not been released, yet NZDF is happy to release information on allegations against enlisted/ratings? Is there a bias?
Nga mihi nui
Yours sincerely,
T
From: Ministerial Services
New Zealand Defence Force
Link: [1]File-List
Link: [2]Edit-Time-Data
Good afternoon "T",
Consistent with guidance from the Office of the Ombudsman, the New Zealand
Defence force is entitled to make reasonable inquiries to satisfy itself
that a requestor is eligible to make a request under the Official
Information Act 1982 (OIA), where there is a genuine need to do so. To be
eligible to request information under the OIA, a requestor must be a New
Zealand citizen or permanent resident, a person in New Zealand, or a
corporate entity either incorporated in New Zealand or has a place of
business here. Assurance is sought from you, as the requester, that you
are eligible to request information under the OIA. Such information can be
provided directly to the Defence Force via email to
[3][NZDF request email]
Guidance about what can be used to establish eligibility is provided in
the Office of the Ombudsman's guide titled “Requests made online: A guide
to requests made through fyi.org.nz and social media”, August 2019. Once
the Defence Force is satisfied that you are eligible to request the
information under the OIA, a decision on the below request will be
provided as soon as possible.
Regards
Corporate and Ministerial Services
OCDF, Office of Chief of Defence Force
New Zealand Defence Force
[4]www.nzdf.mil.nz
show quoted sections
From: NZ Citizen
Kia ora,
As stated previously regarding this request:
I affirm, under penalty of perjury, that I meet the requirements cited under Section 12(1) of the Official Information Act to make an Official Information Act Request as I am a New Zealand Citizen and that I reside in New Zealand. This constitutes evidence of eligibility to make a request under the OIA, compliant with both the Official Information Act and the Privacy Act.
Please refer to the Privacy Act, Section 22, Information privacy principle 1, (1)(b) and (2).
Please also see the information in your latest reply re the ombudsman advice, specifically:
"Agencies are entitled to make reasonable enquiries to satisfy themselves that a requester is
eligible to make a request under the OIA. However, the eligibility requirement is not about
imposing unnecessary barriers to legitimate requests. Agencies should only query eligibility if
there is a genuine need to do so, and they should be mindful of their obligation to provide
reasonable assistance to requesters"
Yours sincerely,
T
From: Ministerial Services
New Zealand Defence Force
Good afternoon "T",
New Zealand Defence Force Military Police have conducted a disciplinary investigation and have recommended charges. The determination of these charges is a matter for the military justice system and this process will occur in 2025 through a summary trial. Information relating to these charges is withheld in accordance with section 9(2)(a) of the Official Information Act 1982 (OIA) to protect privacy.
You have the right, under section 28(3) of the OIA, to ask an Ombudsman to review this response to your request. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Regards
Corporate and Ministerial Services
OCDF, Office of Chief of Defence Force
New Zealand Defence Force
www.nzdf.mil.nz
show quoted sections
From: NZ Citizen
Dear Ministerial Services,
Respectfully, you have not answered my questions. Nevertheless, I'll repeat with additional questions based on your latest reply.
The NZDF initially made the following statement:
"These options range from counselling and guidance, annual performance reporting, management plans to warnings or censures. It does not include any disciplinary action taken under the military justice system."
Yet, as per your response, you have confirmed this Commander will face summary trial proceedings.
Therefore, I request the following information.
1. Please provide more specific information on the allegations made against Commander Heslop rather than just her conduct. This includes the allegations which have involved administrative action as well as those that will be proceeding through the summary trial system. Please also include whether those allegations were substantiated.
2. Please state the senior officer who will be proceeding over the summary trial system, either by name or position. What rank will that officer be?
3. Can you please confirm any of the actions taken is in regards to the Commander allegedly discussion confidential information about sailors with other personnal on the HMNZS Canterbury, therefore breaching privacy?
4. Are those who have made allegations against this Commander still posted or attached to the HMNZS Canterbury? If not, why not?
5. Why is it that the allegations regarding this officer have not been released, yet NZDF is happy to release information on allegations against enlisted/ratings? Is there a bias?
6. Why did the NZDF initially state that no action would be taken through the military justice system, yet later on they confirm a summary trial will take place? This is unacceptable.
You have stated you will not comment further to protect privacy. As this individual is a Commander Officer of a New Zealand warship, there will be significant public interest in what has occurred. As per the Ombudsman guidelines with respect to section 9(2)(a) of the Official Information Act 1982, there is reasonable reasons as to why this information should be released. Furthermore, the NZDF releases information on ratings who have proceedings taking place under the military justice system. It would be extremely wrong to change the precedent set by NZDF simply because this individual is a senior officer rank. See the following link:
https://www.ombudsman.parliament.nz/reso...
If my questions are not answered, and the information continues to be withheld, I will complain to the Ombudsman.
Kind regards,
NZ Citizen
From: Ministerial Services
New Zealand Defence Force
Link: [1]File-List
Link: [2]Edit-Time-Data
Good morning “T”,
The response is quite clear:
Information relating to these charges is withheld in accordance with
section 9(2)(a) of the Official Information Act 1982.
The New Zealand Defence Force (NZDF) is not happy to release information
on allegations of identifiable individuals. Separate to the command
investigation the NZDF commented on last week, the NZDF can confirm the
Military Police have conducted a disciplinary investigation into an
allegation from 2023, and have recommended charges. The senior officer is
yet to be determined.
You retain the right to ask an Ombudsman to review the response.
Regards
Corporate and Ministerial Services
OCDF, Office of Chief of Defence Force
New Zealand Defence Force
[3]www.nzdf.mil.nz
show quoted sections
From: NZ Citizen
Dear Ministerial Services,
Very well. I’ll complain to the Ombudsman.
NZ Citizen
Shelly left an annotation ()
Section 9(1) of the Official Information Act 1982 clearly states that if the decision to withhold the information places the public at risk from the alleged offender which the NZDF has admitted to press charges against in your response. You are obligated to release it.
You are essentially protecting the privacy of a "natural persons" who has allegedly committed a "serious crime" under s 9(2)(a) I presume he is not deceased?
Would this indicate you are potentially placing the public or those who surround him in an "unsafe environment"?
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NZ Citizen left an annotation ()
Complaint has been sent to the Ombudsman. Allegations are supposedly very serious of nature, and should be released publicly given the nature of this individuals role.
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