Taser studies index
Liam made this Official Information request to New Zealand Police
The request was refused by New Zealand Police.
From: Liam
Dear New Zealand Police,
This is a request for information, made under ss 4 and 5 of the Official Information Act 1982 (“the Act”). I therefore would like the following information;
1. On 29.09.2015 you responded to a request for information, found at the below link:
https://fyi.org.nz/request/3005-use-of-t...
Please provide an index of all documents you refer to in your response. In particular, I would like an index of the "publicly available research, , evaluation and information, manufacturer specific information, other law enforcement agency information, and input from our own operating environment information".
2. Where any of the indexed documents are not publicly available, please provide a copy of it.
3. For clarification, please also provide an index of the documents referred to when stated that "there are a variety of independent and internal Police use of force monitoring regimes".
4. Please do the same as point (2) for the index of point (3).
I look forward to a response to my above questions within the statutory time frame, unlike you did for the above linked response.
Please CONFIRM receipt of this email to prevent unnecessary follow-up emails and extensions being requested.
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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 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
From: Liam
Dear New Zealand Police,
Just following this up as a confirmation of receipt was never
received.
Yours faithfully,
Liam Stoneley
New Zealand Police
Hello Liam,
Your OIA request was forwarded to the relevant section for response, and a
follow up has been sent.
Kind regards,
Police Public Affairs
-----Liam Stoneley <[FOI #3183 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: Liam Stoneley <[FOI #3183 email]>
Date: 13/10/2015 02:32PM
Subject: Re: Official Information Act request - Taser studies index
Dear New Zealand Police,
Just following this up as a confirmation of receipt was never
received.
Yours faithfully,
Liam Stoneley
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Please use this email address for all replies to this request:
[FOI #3183 email]
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.
show quoted sections
New Zealand Police
Dear Liam,
In response to your OIA request, I have been told that a reply is due with
you by Oct 28th.
Kind regards
Public Affairs
To: Liam Stoneley <[OIA #3183 email]>
From: [New Zealand Police request email]
Date: 16/10/2015 09:25AM
Subject: Re: Re: Official Information Act request - Taser studies index
Hello Liam,
Your OIA request was forwarded to the relevant section for response, and a
follow up has been sent.
Kind regards,
Police Public Affairs
-----Liam Stoneley <[OIA #3183 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: Liam Stoneley <[OIA #3183 email]>
Date: 13/10/2015 02:32PM
Subject: Re: Official Information Act request - Taser studies index
Dear New Zealand Police,
Just following this up as a confirmation of receipt was never
received.
Yours faithfully,
Liam Stoneley
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #3183 email]
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.
show quoted sections
From: THOMSON, Raewyn
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
From: Liam
Dear THOMSON, Raewyn,
I ask that you reconsider your response in light of the Ombudsman opinion that information known to someone, yet on recorded on paper, is nonetheless subject to the OIA: Ombudsmen Quarterly Review: Volume 4, Issue 3.
It is my submission that your employees know which websites and hard copies that have "reviewed" and that those publicly available sources should be provided in an index under the OIA. I would rather not complain to the Ombudsman, as it is clear information known to you or your employees, yet not recorded, is subject to the Act already.
Yours sincerely,
Liam Stoneley
From: MCGROGAN, James
New Zealand Police
Dear Mr Stoneley,
In response to your latest request of 11^th January 2016, which relates
to your OIA request dated 29 September 2015, I agree with your assertion
that information known to someone, yet not recorded on paper, is
nonetheless subject to the OIA, as per advice provided by the Ombudsman in
the Quarterly Review: volume 4, issue 3.
What you are requesting is an index of documents that New Zealand Police
have read in relation to the (alleged) lethality of TASER. New Zealand
Police has been involved with TASER for the last ten years, and have
constantly reviewed publicly available information, from the internet, on
the subject of TASER and the lethality of TASER. This may be as simple as
conducting a Google search (or Google Scholar search) on TASER lethality,
which will produce a raft of publicly available reports and papers.
Similarly, TASER International publish a raft of reports on their website
(TASER.com), however, these are available to those in the law enforcement
community only, and require registration and vetting before access is
allowed. Whilst I would like to provide a positive response to your
request, it is impractical to determine what articles or papers have been
read by members of Police on this subject over the last 10 years.
I therefore re-iterate the initial reason to refuse your request in that
the information (index of documents) does not exist (Section 18(e)), and
also that the information requested is largely publicly available (Section
18(d)).
As you aware, you have the right to request the Ombudsman to review this
decision under Section 28.
Regards,
Inspector Jimi McGrogan
Operations Manager
New Zealand Police | Response & Operations | PNHQ | PO Box 3017 |
Wellington, NZ
DDI:Landline +64 4 470 7013 | Extn: 44513 | Mob: +64 21 1909915 |
DDI: Landline-Mob: +64 4 2123869
email: [1]mailto:[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
References
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Liam left an annotation ()
I find this extremely hard to believe that the Police do not keep a register of information they have viewed online and that is helpful to them. They either have poor systems in place, or are deliberately obstructing this request. Either way, a complaint to the Ombudsman will probably take over a year to be investigated (going by the my current ones...), which is just a joke!
Link to this