Evaluation of the 2009 Napier shooting, including post-event evaluations of both the Police and Defence Force response

Alex Hill made this Official Information request to New Zealand Police

The request was successful.

From: Alex Hill

Dear New Zealand Police,

The Napier shootings, which occurred from the 7th to the 9th of May 2009, was no doubt a large operation; utilising many Police assets, in addition to Defence assets, also.

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

With relation to the 2009 Napier shooting, in which a police officer was slain:
1.0 - In the case that a report by any member(s) of the Police wrote a post-event review, or evaluation:
1.1 - A copy of any, and all, reports published internally by the New Zealand Police, evaluating the Police response to the shooting event;
1.2 - A copy of any, ann all, reports published internally by the New Zealand Police, evaluating the New Zealand Defence Force response to the shooting event;

2.0 - With relation to the timeline of events that occurred during the Police operational response to the Napier shooting:
2.1 - A timeline of events that occurred during the event; which should include:
2.1.1 - All known actions undertaken by the Jan Molenaar (the Offender);
2.1.2 - All known actions undertaken by the New Zealand Police;
2.1.3 - All known actions undertaken by the New Zealand Defence Force, including the Air Force, the Army, or the Navy.

It is also understood that the shooting event required extra support from other sections of the New Zealand Police. With this context I request:
3.0 - With further relation to the Armed Offenders Squad (AOS):
3.1 - What other AOS units (apart from the Napier unit), were requested to attend; further
3.1.1 - The individual squad personnel numbers that responded;
3.2 - When each non-Napier AOS unit was requested to respond to Napier;
3.3 - When each AOS unit was 'released', or 'dismissed' from the response to Napier;

4.0 - With further relation to the Special Tactics Group (STG):
4.1 - What STG units were requested to attend; further
4.1.1 - The squad personnel numbers that responded;
4.2 - When each STG unit was requested to attend;
4.3 - When each STG unit was released from the scene in Napier; and
4.4 - The chain of command that authorised the mobilisation of the STG;

5.0 - With further relation to the Criminal Investigations Branch (CIB):
5.1 - The amount of detectives and support personnel brought to the operation;

Further, I also request to know:
6.1 - Any further sections of the New Zealand Police that assisted in the response to the shootings;

It is understood that the New Zealand Defence Force (NZDF) provided assistance to the civil power during this event, including using a NZ Light Armoured Vehicle to retrieve the body of a slain police officer. With this context I request to know:
7.1 - When assistance was sought from the NZDF, by whom, and in what capability;
7.2 - What assistance was actually delivered to the Police by the NZDF; and
7.3 - When the NZDF were released from the scene;

As this OIA request is substantial and may require extra time to collate the 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. Any responses to this request will automatically be forwarded to me by the fyi.org.nz website. All correspondance will be logged, and automatically be made public.

With regards to Section 12 of the Official Information Act 1982, I meet the criteria to make an OIA request, on the grounds that I am a New Zealand citizen, currently living in New Zealand.

Yours faithfully,

Alex Hill

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New Zealand Police

Hi Alex,
Please visit the following link - https://forms.police.govt.nz/oiarequest,
where you can fill out the form for an Official Information Request. 
There are questions that you will need to answer and a section for you to
fill out your name and relevant contact details. 
Once you have filled out the form, our request can generally take up to 20
days to complete, unless notified otherwise. 

Kind Regards, 

-----Alex Hill <[FOI #4408 email]> wrote:
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Alex Hill <[FOI #4408 email]>
Date: 09/08/2016 05:59PM
Subject: Official Information request - Evaluation of the 2009 Napier
shooting, including post-event evaluations of both the Police and Defence
Force response

Dear New Zealand Police,
The Napier shootings, which occurred from the 7th to the 9th of May 2009,
was no doubt a large operation; utilising many Police assets, in addition
to Defence assets, also.
I would like to request the following information under, and in accordance
with the Official Information Act 1982:
With relation to the 2009 Napier shooting, in which a police officer was
slain:
1.0  -  In the case that a report by any member(s) of the Police wrote a
post-event review, or evaluation:
1.1  -  A copy of any, and all, reports published internally by the New
Zealand Police, evaluating the Police response to the shooting event;
1.2  -  A copy of any, ann all, reports published internally by the New
Zealand Police, evaluating the New Zealand Defence Force response to the
shooting event;
2.0  -  With relation to the timeline of events that occurred during the
Police operational response to the Napier shooting:
2.1  -  A timeline of events that occurred during the event; which should
include:
2.1.1  -  All known actions undertaken by the Jan Molenaar (the Offender);
2.1.2  -  All known actions undertaken by the New Zealand Police;
2.1.3  -  All known actions undertaken by the New Zealand Defence Force,
including the Air Force, the Army, or the Navy.
It is also understood that the shooting event required extra support from
other sections of the New Zealand Police. With this context I request:
3.0  -  With further relation to the Armed Offenders Squad (AOS):
3.1  -  What other AOS units (apart from the Napier unit), were requested
to attend; further
3.1.1  -  The individual squad personnel numbers that responded;
3.2  -  When each non-Napier AOS unit was requested to respond to Napier;
3.3  -  When each AOS unit was 'released', or 'dismissed' from the
response to Napier;
4.0  -  With further relation to the Special Tactics Group (STG):
4.1  -  What STG units were requested to attend; further
4.1.1  -  The squad personnel numbers that responded;
4.2  -  When each STG unit was requested to attend;
4.3  -  When each STG unit was released from the scene in Napier; and
4.4  -  The chain of command that authorised the mobilisation of the STG;
5.0  -  With further relation to the Criminal Investigations Branch (CIB):
5.1  -  The amount of detectives and support personnel brought to the
operation;
Further, I also request to know:
6.1  -  Any further sections of the New Zealand Police that assisted in
the response to the shootings;
It is understood that the New Zealand Defence Force (NZDF) provided
assistance to the civil power during this event, including using a NZ
Light Armoured Vehicle to retrieve the body of a slain police officer.
With this context I request to know:
7.1  -  When assistance was sought from the NZDF, by whom, and in what
capability;
7.2  -  What assistance was actually delivered to the Police by the NZDF;
and
7.3  -  When the NZDF were released from the scene;
As this OIA request is substantial and may require extra time to collate
the 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. Any responses to this
request will automatically be forwarded to me by the fyi.org.nz website.
All correspondance will be logged, and automatically be made public.
With regards to Section 12 of the Official Information Act 1982, I meet
the criteria to make an OIA request, on the grounds that I am a New
Zealand citizen, currently living in New Zealand.
Yours faithfully,
Alex Hill
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #4408 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:
[1]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:
[2]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.

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From: Alex Hill

Dear New Zealand Police,

Pursuant to the Official Information Act I am not required to give any more information than the fact that I am a New Zealand citizen - this is required to qualify my request.

Therefore because my request was received by your office yesterday, the 9th of August, I now expect to receive the answer to my request within the timeframe provisions of the OIA. Failure to meet this timeframe, or continuing to request more information about the requestor, a complaint will be lodged with the Office of the Ombudsman.

Yours faithfully,

Alex Hill

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New Zealand Police

'Do not reply to this message, this email message has been sent from an
un-monitored email address'
 
Thank you for your email.
 
Your request has been sent onto the appropriate department to follow up
your request.
 
 
Regards
 
New Zealand Police
 
'Do not reply to this message, this email message has been sent from an
un-monitored 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

Link to this

From: Alex Hill

Dear New Zealand Police,

By law, you are required to respond promptly to an OIA request. My request was lodged on the 9th of August, and as a request for extension was not lodged, I should have received a response by September 07.

Am I going to get a response, or do I need to contact the Office of the Ombudsman about this?

Yours faithfully,

Alex Hill

Link to this

New Zealand Police

Thank you for your email.
Your request has been sent onto the appropriate department to follow up
your request.

Regards
New Zealand Police
'Do not reply to this message, this email message has been sent from an
un-monitored email address'

-----Alex Hill <[FOI #4408 email]> wrote:
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Alex Hill <[FOI #4408 email]>
Date: 08/09/2016 06:15PM
Subject: Re: NZ Police Enquiry

Dear New Zealand Police,
By law, you are required to respond promptly to an OIA request. My request
was lodged on the 9th of August, and as a request for extension was not
lodged, I should have received a response by September 07.
Am I going to get a response, or do I need to contact the Office of the
Ombudsman about this?
Yours faithfully,
Alex Hill

show quoted sections

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From: LYNCH, Emmet
New Zealand Police

Good Morning Alex,

 

My apologies for the delay in responding to your request.

 

On the 29 August, I made an electronic file note on the internal OIA
system in respect of a time extension due to the huge volume of material
sought and that which is contained on the file.  I mistakenly thought this
was also sent directly to you; I now know that not to be the way the
system works.

 

I am still working my way through the considerable amount of information
on the file so as to accurately respond and provide documentation
requested.

 

I will need an extension and am having discussions today with a number of
management staff to ascertain a new date for the provision of this
information.

 

Thanks for your continued patience.

 

Regards    

 

Emmet Lynch
Detective Sergeant | Organised Crime Squad - Hawkes Bay CIB | New Zealand
Police
P   +64 6 831 0712   |   Ext: 67012   |   M   +64 21 191 3413   |   E  
[1][email address]
Eastern District Headquarters, Dalton Street, NAPIER, PO Box 245, NAPIER
4110 [2]www.police.govt.nz

Safer Communities Together

[3]www.police.govt.nz  | [4]Facebook   | Twitter | NZ Police on
[5]@NZPolice  [6]YouTube

 

This email may contain information that is confidential and which may be
subject to privilege provisions or subject to copyright. If you are not
the intended recipient, you must not peruse, use, disseminate, distribute
or copy the contents of this email or any attachments. If you have
received this email in error, please notify me immediately by reply email
or collect telephone call to +64 6 8310 712 and destroy the original.

 

===============================================================

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
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4. https://www.facebook.com/HawkesBayPolice
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6. https://www.youtube.com/user/policenz

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From: LYNCH, Emmet
New Zealand Police

Alex,

 

Can I please confirm that you received my earlier message as below.

 

Thanks

 

Emmet Lynch
Detective Sergeant | Organised Crime Squad - Hawkes Bay CIB | New Zealand
Police
P   +64 6 831 0712   |   Ext: 67012   |   M   +64 21 191 3413   |   E  
[1][email address]
Eastern District Headquarters, Dalton Street, NAPIER, PO Box 245, NAPIER
4110 [2]www.police.govt.nz

Safer Communities Together

[3]www.police.govt.nz  | [4]Facebook   | Twitter | NZ Police on
[5]@NZPolice  [6]YouTube

 

This email may contain information that is confidential and which may be
subject to privilege provisions or subject to copyright. If you are not
the intended recipient, you must not peruse, use, disseminate, distribute
or copy the contents of this email or any attachments. If you have
received this email in error, please notify me immediately by reply email
or collect telephone call to +64 6 8310 712 and destroy the original.

 

From: LYNCH, Emmet
Sent: Friday, 9 September 2016 9:19 a.m.
To: '[FOI #4408 email]'
<[FOI #4408 email]>
Subject: OIA Request - 16/7327

 

Good Morning Alex,

 

My apologies for the delay in responding to your request.

 

On the 29 August, I made an electronic file note on the internal OIA
system in respect of a time extension due to the huge volume of material
sought and that which is contained on the file.  I mistakenly thought this
was also sent directly to you; I now know that not to be the way the
system works.

 

I am still working my way through the considerable amount of information
on the file so as to accurately respond and provide documentation
requested.

 

I will need an extension and am having discussions today with a number of
management staff to ascertain a new date for the provision of this
information.

 

Thanks for your continued patience.

 

Regards    

 

Emmet Lynch
Detective Sergeant | Organised Crime Squad - Hawkes Bay CIB | New Zealand
Police
P   +64 6 831 0712   |   Ext: 67012   |   M   +64 21 191 3413   |   E  
[7][email address]
Eastern District Headquarters, Dalton Street, NAPIER, PO Box 245, NAPIER
4110 [8]www.police.govt.nz

Safer Communities Together

[9]www.police.govt.nz  | [10]Facebook   | Twitter | NZ Police on
[11]@NZPolice  [12]YouTube

 

This email may contain information that is confidential and which may be
subject to privilege provisions or subject to copyright. If you are not
the intended recipient, you must not peruse, use, disseminate, distribute
or copy the contents of this email or any attachments. If you have
received this email in error, please notify me immediately by reply email
or collect telephone call to +64 6 8310 712 and destroy the original.

 

===============================================================

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/
3. https://www.police.govt.nz/
4. https://www.facebook.com/HawkesBayPolice
5. https://twitter.com/NZPolice
6. https://www.youtube.com/user/policenz
7. mailto:[email address]
8. http://www.police.govt.nz/
9. https://www.police.govt.nz/
10. https://www.facebook.com/HawkesBayPolice
11. https://twitter.com/NZPolice
12. https://www.youtube.com/user/policenz

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From: Alex Hill

Dear LYNCH, Emmet,

I understand the reasons surrounding me not receiving information. I am flexible with a time frame extension of up to one month, I hope that's enough.

Yours sincerely,

Alex Hill

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From: LYNCH, Emmet
New Zealand Police

Thanks Alex for your email.

As previously stated, and as you will no doubt realise, the significant volume of material to review has been the main cause of the initial delays.

I will have your OIA request completed by Friday 7 October 2016.

Regards

Emmet Lynch
Detective Sergeant | Organised Crime Squad - Hawkes Bay CIB | New Zealand Police
P   +64 6 831 0712   |   Ext: 67012   |   M   +64 21 191 3413   |   E   [email address]
Eastern District Headquarters, Dalton Street, NAPIER, PO Box 245, NAPIER 4110 www.police.govt.nz
Safer Communities Together
www.police.govt.nz 
| Facebook  
| Twitter @NZPolice 
| NZ Police on YouTube

This email may contain information that is confidential and which may be subject to privilege provisions or subject to copyright. If you are not the intended recipient, you must not peruse, use, disseminate, distribute or copy the contents of this email or any attachments. If you have received this email in error, please notify me immediately by reply email or collect telephone call to +64 6 8310 712 and destroy the original.

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From: Alex Hill

Good afternoon Detective Sergeant Lynch,

I wish to remind you that today is the day that we both agreed the OIA request will be fulfilled.

As it is currently 3:30pm, I wish to inform you that if I do not receive the information requested before days end I will be launching a complaint with the Office of the Ombudsman. I trust that you will will fulfil your obligations.

Yours sincerely,

Alex Hill

Link to this

From: LYNCH, Emmet
New Zealand Police

Thank you for your email.

I am currently out of the office until Tuesday 25 October  2016. 

During this absence, I will not be able to respond to your communication. 

If any matters are of an urgent nature please contact the Napier Police
Station on (06) 8310700.

 

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From: Alex Hill

Dear New Zealand Police,

OIA Request Reference: OIA Request - 16/7327

On the 9th of August 2016 I launched an OIA request surrounding the 2007 Napier Siege. Initially, this request was not answered. Under the regulations of the Official Information Act, I should have received the answer to my request no later than 7 September 2016 - I did not receive any reply whatsoever.

On the 8th of September I followed up my initial request, to which I got a reply from Detective Sergeant Lynch of the Napier Organised Crime Squad. She apologised about an error that lead to me not receiving a request for extension. We agreed that the information would be collated and given to me by the 7th of October (today). As it is almost day's end, I emailed Detective Sergeant Lynch to remind her about her obligation - to which I received an automatic reply stating that she is out of the office until the 25th of October.

From my understanding, this means that the New Zealand Police will not be upholding their obligations under the Official Information Act to fulfil my request.

From here, unless you can get this information to me before days end, I will be lodging a complaint with the Office of the Ombudsmen about this request. Considering a request for extension was not received before the initial timeframe closed, I believe this is very lenient.

Yours faithfully,

Alex Hill

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New Zealand Police

'Do not reply to this message, this email message has been sent from an
un-monitored email address'
 
Thank you for your email.
 
We have just forwarded this query through to our District Command Centre
for urgent follow up.
 
Please email us again at [1][New Zealand Police request email] if we can help you
any further.
 
Regards
 
New Zealand Police
 
'Do not reply to this message, this email message has been sent from an
un-monitored 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

Visible links
1. mailto:[New Zealand Police request email]

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From: Alex Hill

Dear New Zealand Police,

I received an email from your office on the 7th saying that my OIA request had been forwarded to the District Command Centre for urgent follow up. It is now more than 10 days later and I am still waiting for a reply.

This OIA request is far too long overdue. A complaint has been lodged with the Ombudsman.

Alex Hill

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New Zealand Police

Dear Alex,
You can expect a reply within 20 working days of receipt of your request,
unless an extension of that time frame is notified.
For more information I have provided you a link below.
[1]https://forms.police.govt.nz/oiarequest
-----Alex Hill <[FOI #4408 email]> wrote:
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Alex Hill <[FOI #4408 email]>
Date: 18/10/2016 02:54PM
Subject: Re: NZ Police Enquiry

Dear New Zealand Police,
I received an email from your office on the 7th saying that my OIA request
had been forwarded to the District Command Centre for urgent follow up. It
is now more than 10 days later and I am still waiting for a reply.
This OIA request is far too long overdue. A complaint has been lodged with
the Ombudsman.
Alex Hill

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From: Alex Hill

Dear LYNCH, Emmet,

I contacted you on October 7 regarding my OIA request. After our prior discussions, we agreed that October 7 would be when I will have received a reply by. On October 7, I emailed you notifying you that today is the last day and if I do not receive a reply, a complaint with the Ombudsman would be laid. I received a automated response from you, detailing you are out of the office until October 25 (today).

I wish to notify you, that because of the undue delay in receiving my request, I have laid a complaint with the office of the Ombudsman. I am disappointed with the New Zealand Police's response thus far.

Yours sincerely,

Alex Hill

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From: MCMAHON, Teresa
New Zealand Police

 

 

Dear Mr Hill

I have the reply to your information request about the Napier shootings
here but wonder if you could provide me with an address to which the
material can be posted as there is a fairly substantial amount of
material.

 

 

Teresa McMahon

Ministerial Services , Police National Headquarters, 180 Molesworth
Street, Wellington, [1]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
1. http://www.police.govt.nz/

Link to this

From: MCMAHON, Teresa
New Zealand Police


Attachment Hill Alex Coroners Dep HOYLE Redacted.pdf
30K Download View as HTML

Attachment Hill Alex DREW summary Redacted.pdf
2.0M Download View as HTML

Attachment hill Alex Op Stingray 0 14 Redacted Redacted.pdf
6.8M Download View as HTML

Attachment hill Alex Reply.pdf
152K Download View as HTML


Dear Mr Hill

I did ask for a postal address but trust this email will be sufficient to
provide the material prepared in response to your OIA request.

 

Ministerial Services , Police National Headquarters, 180 Molesworth
Street, Wellington, [1]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
1. http://www.police.govt.nz/

Link to this

From: MCMAHON, Teresa
New Zealand Police


Attachment hill Alex Timeline and Reports Redacted.pdf
14.8M Download View as HTML


 

 

Teresa McMahon

Ministerial Services , Police National Headquarters, 180 Molesworth
Street, Wellington, [1]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
1. http://www.police.govt.nz/

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From: Alex Hill

Good morning Teresa,

Firstly, thank you for sending me some information.

I made this OIA request through the website FYI.org.nz, which makes the information viewable on a public system. Unfortunately, due to a system error on the website, I am unable to view these files.

If it's okay, I request for the same files sent today to be sent to a private email address. The email address is [email address].

Yours sincerely,

Alex Hill

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Things to do with this request

Anyone:
New Zealand Police only: