Undercover agents in long-term sexual relationships
Alex Harris made this Official Information request to New Zealand Police
The request was refused by New Zealand Police.
From: Alex Harris
Dear New Zealand Police,
A recent Supreme Court decision on the use of the "Mr Big" technique in the Wichman case noted that (para 126-127):
"There has been much controversy as to this in the United Kingdom particularly where male undercover officers have formed long-term sexual relationships with female members of the group under investigation which in some instances have resulted in children. A similar situation (involving sexual relationships but not children) has arisen in New Zealand."
I would like to request the following information under the OIA:
* On how many occasions have undercover police officers entered long-term sexual relationships with members of groups under investigation?
* On completion of the operation, were the parties in such relationships informed of the undercover officer's true profession and/or identity?
* Any reports or advice on the ethics of such relationships, the police's possible liability for compensation, and their effects on the admissibility of any evidence gained.
I understand that there is a strong public interest in protecting active police undercover operations and the fair trial rights of accused persons, and that some of the information requested may therefore be withheld under s6(c). At the same time, I would like to point out that the existence of such relationships is now a matter of public record, and there is significant public interest in seeing how the police intend to handle the situation. Releasing as much information as possible without compromising ongoing operations would help build public confidence in police.
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
From: SEDGWICK, Alexandria
New Zealand Police
Dear Alex
On behalf of the Commissioner, I acknowledge your request of 22 July 2016.
You asked:
- On how many occasions have undercover police officers entered
long-term sexual relationships with member of groups under investigation?
- On completion of the operation, were the parties in such
relationships informed of the undercover officer’s true profession and/or
identity?
- Any reports or advice on the ethics of such relationships, the
police’s possible liability for compensation, and their effects on the
admissibility of any evidence gained.
Your request is being actioned and you will be responded to in accordance
with the provisions of the Official Information Act 1982.
Kind regards
[1]http://nzpintranet/resources/Secure%20Im... Ali Sedgwick
Ministerial Services Advisor |
Ministerial Services | New Zealand
Police
E:
[2][email address]
Police National Headquarters, 180
Molesworth Street, Thorndon, PO Box
3017, Wellington 6011
[3]www.police.govt.nz
===============================================================
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From: BERRY, Paul
New Zealand Police
Dear Alex Harris
I have received your email request for response.
You state in your opening paragraph the following:
"There has been much controversy as to this in the United Kingdom
particularly where male undercover officers have formed long-term sexual
relationships with female members of the group under investigation which
in some instances have resulted in children. A similar situation
(involving sexual relationships but not children) has arisen in New
Zealand."
Before drafting a response, can you please provide me via return email
with further information on the sentence I have highlighted in yellow as
this is the first time I have heard of such a claim.
Regards
PB
Paul Berry
New Zealand Police|P O Box 3017|Wellington 6140
===============================================================
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: Alex Harris
Dear BERRY, Paul,
As noted in my request, the quote is from the Supreme Court judgement in the recent Wichman case (R v Wichman, SC 80/2014 [2015] NZSC 198 at paragraph 126). The UK incidents are a matter of public record, and well documented by the media (see e.g. "Undercover police had children with activists", Guardian, 20 January 2012). I do not have a reference for the New Zealand situation other than the mention in that judgement, which was quoted on the "Pundit" blog ("Mr Big strikes again ...", Andrew Geddis, Pundit, 21 July 2016). You might want to pull a copy of the judgement and see if there are any references to it in there. Or you could ask your colleagues, search for documents, and do the usual stuff you do when responding to an OIA request.
Yours sincerely,
Alex Harris
From: BERRY, Paul
New Zealand Police
Thanks Alex for the case citation.
FYI it was an unproven allegation only but somehow you and Pundit have treated it as fact.
I shall respond formally in due course.
Regards
Paul Berry
-----Original Message-----
From: Alex Harris [mailto:[FOI #4291 email]]
Sent: Tuesday, 26 July 2016 14:20
To: BERRY, Paul
Subject: Re: OIA ref: 12/1658/22
Dear BERRY, Paul,
As noted in my request, the quote is from the Supreme Court judgement in the recent Wichman case (R v Wichman, SC 80/2014 [2015] NZSC 198 at paragraph 126). The UK incidents are a matter of public record, and well documented by the media (see e.g. "Undercover police had children with activists", Guardian, 20 January 2012). I do not have a reference for the New Zealand situation other than the mention in that judgement, which was quoted on the "Pundit" blog ("Mr Big strikes again ...", Andrew Geddis, Pundit, 21 July 2016). You might want to pull a copy of the judgement and see if there are any references to it in there. Or you could ask your colleagues, search for documents, and do the usual stuff you do when responding to an OIA request.
Yours sincerely,
Alex Harris
-----Original Message-----
Dear Alex Harris
I have received your email request for response.
You state in your opening paragraph the following:
"There has been much controversy as to this in the United Kingdom particularly where male undercover officers have formed long-term sexual relationships with female members of the group under investigation which in some instances have resulted in children. A similar situation (involving sexual relationships but not children) has arisen in New Zealand."
Before drafting a response, can you please provide me via return email with further information on the sentence I have highlighted in yellow as this is the first time I have heard of such a claim.
Regards
PB
Paul Berry
New Zealand Police|P O Box 3017|Wellington 6140
===============================================================
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
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From: SEDGWICK, Alexandria
New Zealand Police
Dear Alex
I have been asked to send you the attached response to your request of 22
July 2016.
Kind regards
[1]http://nzpintranet/resources/Secure%20Im... Ali Sedgwick
Ministerial Services Advisor |
Ministerial Services | New Zealand
Police
E:
[2][email address]
Police National Headquarters, 180
Molesworth Street, Thorndon, PO Box
3017, Wellington 6011
[3]www.police.govt.nz
===============================================================
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
2. mailto:[email address]
3. http://www.police.govt.nz/
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Joshua Grainger left an annotation ()
Note this response only appears to cover 'undercover agents' (undercover Police officers). In at least one well publicised case undercover Police informants were engaged in relationships with activists: see the case of Rob Gilchrist: http://www.stuff.co.nz/national/crime/71...
Link to this