Tēnā koe

I acknowledge receipt of your Official Information Act 1982 (OIA) request below.

Your reference number is IR-01-25-20895.

You can expect a response to your request on or before 7 July 2025 unless an extension is needed.

Ngā mihi

Siena (she/her)
Advisor - Ministerial Services
Police National Headquarters

-----Original Message-----
From: Kitty <[FOI #31227 email]>
Sent: Friday, June 6, 2025 12:34 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Michael Forbes photos and video

CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.

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

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #31227 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 Kitty,

 

I acknowledge receipt of your information request below, received by
Police on 05/06/2025.

 

Your new request reference number is 01-25-20898.

 

Pursuant to section 15(1) of the Official Information Act 1982, Police
have up to 20 working days to respond to your request commencing from the
day after it was received. Working days do not include weekends or public
holidays.

 

Police are currently managing a large number of information requests. If
you are required to meet a specific court date or have another reason for
urgency, please notify us.

 

Ngā mihi

 

Tess TKL015

Supervisor
Information Requests | Service Group

 

P  105
E  [1][email address]

 

[2][IMG][3][IMG][4][IMG][5][IMG] 

 

 

-----Original Message-----

From: Kitty <[6][FOI #31227 email]>

Sent: Friday, June 6, 2025 12:34 AM

To: Ministerial Services <[7][email address]>

Subject: IR-01-25-20898 Official Information request - Michael Forbes
photos and video

 

CAUTION: This email originated from outside the New Zealand Police
Network. DO NOT click links or open attachments unless you recognise the
sender and are assured that the content is safe.

 

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

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[8][FOI #31227 email]

 

Is [9][New Zealand Police request email] the wrong address for Official
Information requests to New Zealand Police? If so, please contact us using
this form:

[10]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:

[11]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

References

Visible links
1. mailto:[email address]
2. http://www.police.govt.nz/facebook
3. http://www.police.govt.nz/instagram
4. http://www.police.govt.nz/twitter
5. https://www.youtube.com/c/newzealandpolice
6. mailto:[FOI #31227 email]
7. mailto:[email address]
8. mailto:[FOI #31227 email]
9. mailto:[New Zealand Police request email]
10. https://fyi.org.nz/change_request/new?bo...
11. https://fyi.org.nz/help/officers

hide quoted sections

Kia ora

Please note you were provided with the wrong reference number previously I’m sorry – it should be IR-01-25-21262.

I refer to your request 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)(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 1 August 2025 to provide a substantive response to your request, however 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. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Kind regards, Michelle
Advisor – Police National Headquarters

-----Original Message-----
From: Ministerial Services
Sent: Friday, June 6, 2025 2:10 PM
To: Kitty <[FOI #31227 email]>
Subject: OIA Acknowledgement IR-01-25-20895

Tçnâ koe

I acknowledge receipt of your Official Information Act 1982 (OIA) request below.

Your reference number is IR-01-25-20895.

You can expect a response to your request on or before 7 July 2025 unless an extension is needed.

Ngâ mihi

Siena (she/her)
Advisor - Ministerial Services
Police National Headquarters

-----Original Message-----
From: Kitty <[FOI #31227 email]>
Sent: Friday, June 6, 2025 12:34 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Michael Forbes photos and video

CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.

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

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #31227 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