Defence Act authorisation for NZDF assistance in the Napier Shootings, which occurred from 7-9 May 2009.

Alex Hill made this Official Information request to New Zealand Defence Force

The request was partially successful.

From: Alex Hill

Dear New Zealand Defence Force,

During the shootings that occurred in Napier from 7-9 May 2009, New Zealand LAVs were utilised by the New Zealand Police for assistance and protection. It it understood through public media that NZLAVs were utilised to retrieve the body of a slain New Zealand Police Officer on 8 May 2009.

Section 9(4) of the Defence Act 1990 prohibits the use of the Armed Forces to assist the police, except with the authorisation of the Prime Minister, or (if they are absent) the next senior Minister.

I would like to request the following information under, and in accordance with the Official Information Act 1982:

In the context of the 2009 Napier Siege in which one New Zealand Police Officer was slain;
1.0 - Whether such authorisation was granted, and if so, at what time and by whom;
1.1 - In the case that this information exists, I would like a copy of the authorisation;
1.2 - In the case that this information doesn't exist, I would like to know who received the request for assistance from the Defence Force, and under what circumstances and authorisation;
2.0 - Under the authorisation that was granted, I would like to know what equipment was sent to assist, and from what unit.
2.1 - The amount, and roles, of staff that were sent to assist this operation;
2.2 - Who the Non-Commissioned Officer, or Commissioned Officer in charge of the operation was;
3.0 - All correspondance between the New Zealand Police, the New Zealand Defence Force and any government Ministry that discussed or evaluated responses to the situation in Napier; and
4.0 - Any internal report produced that evaluates, discusses or investigates the NZDF response to the 2009 Napier shootings.

As the information may require extra time to collate the requested information, I am prepared to extend the timeframe within the bounds of the Official Information Act if requested from your office.

I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website. All email correspondance will be logged and made publicly available on the fyi.org.nz website.

With regards to s12 of the OIA, I am an NZ citizen living in NZ.

Yours faithfully,

Alex Hill

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Oliver Lineham (FYI.org.nz volunteer) left an annotation ()

There was no authorisation: http://norightturn.blogspot.co.nz/2009/0...

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Alex Hill left an annotation ()

In that case then, it'll be interesting to see how they reply to point 1.2, how the authorisation came about.
Interesting read though - thank you!

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From: Ministerial Services
New Zealand Defence Force


Attachment OIA 2016 2509 Alex Hill authorisation for NZDF in Napier 2009 signed.pdf
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