Dear New Zealand Police,

Recently, NZ police concluded that recent widely-reported video, audio, and pictures recorded by Michael Forbes on his work and personal phones did not meet the requirements for criminality, and therefore charges could not be filed.

I note that Stuff News has reported that the evidence they have seen included photos of women asleep or passed out in private locations with the lens visibly trained on their breasts, nipples exposed. Alongside other concerning details.

The police determination, in combination with what's being reported in the news, leaves me concerned and confused about the legality of acts such as as filming the breasts of women without their consent. I am sure there are other members of public who also find themselves confused. I am therefore requesting under OIA:

- The release of any and all files, previously or currently, stored on any government-issued device which Forbes used as it pertains to this case. I understand there may be individual privacy concerns, so please provide objective written descriptions of the nature of the content involved, for each piece of content which was stored on a government device.

- A breakdown of the meaning of 'criminal threshold', both in general and such as it pertains to the legality of the acts alleged to have taken place. Including but not limited to: taking secret photos of women's breasts in private residences without their consent, taking secret photos of women's behinds in public without their consent, making audio recordings of sex acts without consent. I believe it is in the public interest to understand how/when/the basis on which police expects to determine such acts are legal vs illegal.

- Details as to how the phrase "would be highly offensive to a reasonable person" has historically been interpreted by Police as it relates to one-party audio recordings of intimate material, as well as in currently in this case.

- Details as to the circumstances under which government workers are permitted to delete files of interest from government issued phones during the execution of a search warrant.

Yours faithfully,

Kitty