How many times have police requested data from banks without a warrant in the last year?
Alex Harris made this Official Information request to New Zealand Police
The request was partially successful.
From: Alex Harris
Dear New Zealand Police,
Over the weekend the New Zealand Herald revealed that the NZ Police had requested and received customer information on Nicky Hager from Westpac Bank ("Police got Hager data without court order", NZ Herald, 24 October 2015). According to the article, information had been requested from 16 banking institutions. I would like to request the following information under the OIA:
* How many times have the police requested customer information from New Zealand banks without a warrant, production order or court order in the past year?
* what paperwork is created internally when such a request is made, and who authorises them? Is there a police manual page for such requests? If so, I'd like a copy.
If this request would result in substantial collation and research, I am happy to discuss a narrower timeframe.
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
New Zealand Police
Hi, Alex. Thanks for your email. This has been passed on for processing.
Regards,
Public Affairs Team
NZ Police
-----Alex Harris <[OIA #3286 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: Alex Harris <[OIA #3286 email]>
Date: 27/10/2015 02:20PM
Subject: Official Information Act request - How many times have police
requested data from banks without a warrant in the last year?
Dear New Zealand Police,
Over the weekend the New Zealand Herald revealed that the NZ Police had
requested and received customer information on Nicky Hager from Westpac
Bank ("Police got Hager data without court order", NZ Herald, 24 October
2015). According to the article, information had been requested from 16
banking institutions. I would like to request the following information
under the OIA:
* How many times have the police requested customer information from New
Zealand banks without a warrant, production order or court order in the
past year?
* what paperwork is created internally when such a request is made, and
who authorises them? Is there a police manual page for such requests? If
so, I'd like a copy.
If this request would result in substantial collation and research, I am
happy to discuss a narrower timeframe.
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
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From: THOMSON, Raewyn
New Zealand Police
===============================================================
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From: Alex Harris
Dear THOMSON, Raewyn,
Use of FYI's search function suggests that this is not the case. The terms "bank", "warrant", "customer' and even "production" return no relevant responses from the past year. There _are_ older requests about production orders, but this request is specifically about the procedures, paperwork and records created when information is requested _without_ such an order. If you believe that an older response is relevant, then please provide the link. In any case I'd appreciate an answer to part 1 of my request, even if it is a refusal under s18(e) as the information does not exist or under s18(f) for substantial collation and research.
Yours sincerely,
Alex Harris
From: BERRY, Paul
New Zealand Police
Alex
FYI holds the answers to your question
[1]https://fyi.org.nz/request/632/response/...
[2]https://fyi.org.nz/request/632/response/...
[3]https://fyi.org.nz/request/632/response/...
PB
Paul Berry
===============================================================
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/request/632/response/...
2. https://fyi.org.nz/request/632/response/...
3. https://fyi.org.nz/request/632/response/...
From: Alex Harris
Dear BERRY, Paul,
Thankyou for the links. Much of that material relates to production orders, and my request was specifically for requests for information made _without_ a warrant, production order or court order. While it provides an example of the paperwork, it does not say who authorises such requests and whether there is a police manual page for them. I'd appreciate responses to both of those parts of my request, as well as the first part for statistical information. If the information is not held, or it requires substantial collation and research, then an explicit refusal under s18(e) or (f) (as well as some indication why it would be a substantial amount of work) would be appreciated.
Yours sincerely,
Alex Harris
From: BERRY, Paul
New Zealand Police
Should you require any assistance please contact Det Inspector Craig Scott
From: BERRY, Paul
New Zealand Police
Alex
You asked the following:
1. How many times have the police requested customer information from New Zealand banks without a warrant, production order or court order in the past year?
2. What paperwork is created internally when such a request is made, and who authorises them? Is there a police manual page for such requests? If so, I'd like a copy.
Response:
The first Grainger response below indicates that data is not collected- that means Police do not keep any count of the number of requests. We have no business reason to collect this data.
In regards the second question- A copy of the information request form is in the Grainger material- that is the paper work. No one 'authorises' a request. A police supervisor approves that a request can be made. The Privacy Act provisions govern whether or not a company releases any such information, in the same way as you can ask any company for personal information and they use the Privacy Act provisions to determine if they will release.
There is no manual page specifically on this because the Privacy Act takes precedence.
Hope that helps clarify my initial response.
Paul Berry
New Zealand Police
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