Printed from https://fyi.org.nz/request/5553-compliance-with-the-official-information-act on April 18, 2024 22:14

Compliance with the Official Information Act

Mark Hanna made this Official Information request to New Zealand Police

The request was successful.

From: Mark Hanna

Tēnā koutou,

On multiple occasions, I am aware that NZ Police has responded to requests for official information made via the website fyi.org.nz with instructions that the request must be made through different means.

In a recent example, the requester was told they must submit their request via a form on the NZ Police website.

When NZ Police was informed that they could not require the requester to resubmit their request through a different method, they instructed the requester to write to their local police station.

When NZ Police was then informed that they could not require the requester to contact their local police station before the request would be processed, the requester was told that the information they had been supplied was incorrect, and that the request had to be made via the NZ Police website.

This correspondence is publicly available on the fyi.org.nz website and can be accessed here: https://fyi.org.nz/request/5248-a-copy-o...

This is only one example of what has been a repeated pattern of behaviour from NZ Police. Here are three more examples:
https://fyi.org.nz/request/3542-notebook...
https://fyi.org.nz/request/3953-mou-betw...
https://fyi.org.nz/request/4555-strip-se...

The Official Information Act is very clear that this cannot be required:

"A request under subsection (1)-may be made in any form and communicated by any means (including orally)"

The Ombudsman's guidelines on the Official Information Act explicitly states that requests for official information may be made online via the fyi.org.nz website, and any other means, and that agencies are obliged to respond to them and cannot require that they be lodged via another method (though the OIA does allow for requests made verbally to be requested in writing).

http://www.ombudsman.parliament.nz/syste...

"Yes—official information requests can be made in any form and communicated by any means.1 Any agency that has an email address can receive a request via FYI, and agencies that have a Twitter account or Facebook page can receive requests in that way."

NZ Police recently released their guidelines for processing requests for official information. In light of incidents such as the example above, it seems the guidance in this document for the form of requests is ambiguous and may be interpreted in a way that is inconsistent with the law:

https://fyi.org.nz/request/5237/response...

"The form of the request

Requests can be made in writing or orally. You cannot require that the request be written, but you can ask the requester to put their request in writing. Offer the relevant Police Form which can be printed and handed to the requester, or you can direct the requester to the Police website portal to download/complete/print or to make a request for official information online.

Otherwise, make a written record of an oral request for official information, including the exact wording of the request and the requester’s details needed to complete and deliver Police’s response."

In response to a request for official information I made of NZ Police last year (ref 16/7758), I was told that NZ Police does not record “how many times [has Police] refused OIA requests due to how they were received”.

I would like to request the following information:

1a. Why does NZ Police not record these events?

1b. What plans are there for NZ Police to start identifying and recording these events?

2. What action is undertaken by NZ Police in response to these events, when they are identified? E.g. verbal warnings, offers or requirements of further OIA training, other disciplinary action.

3. What actions will NZ Police be taking to ensure no more of these events occur in future? E.g. more OIA training for general staff, amending the “Disclosure under the Official Information Act 1982 (OIA)” guidelines.

I am sure NZ Police understands the importance of transparency and of compliance with the law. I hope this is a matter that is taken seriously and having it brought to light will result in changes being made.

I would be happy for the response to outline actions that NZ Police have only decided on after having received this request, so long as that status is made clear in the response.

Nāku, nā,
Mark Hanna

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New Zealand Police

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Please email us again at [1][New Zealand Police request email] if we can help you
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New Zealand Police
 
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addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
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are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
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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: MCMAHON, Teresa
New Zealand Police

Dear Mr Hanna

Your request for the following information has been received by NZ Police
and is being dealt with under the Official Information Act 1982.

 

“….In response to a request for official information I made of NZ Police
last year (ref 16/7758), I was told that NZ Police does not record “how
many times [has Police] refused OIA requests due to how they were
received”.

I would like to request the following information:

1a. Why does NZ Police not record these events?

1b. What plans are there for NZ Police to start identifying and recording
these events?

2. What action is undertaken by NZ Police in response to these events,
when they are identified? E.g. verbal warnings, offers or requirements of
further OIA training, other disciplinary action.

3. What actions will NZ Police be taking to ensure no more of these events
occur in future? E.g. more OIA training for general staff, amending the
“Disclosure under the Official Information Act 1982 (OIA)” guidelines.

I am sure NZ Police understands the importance of transparency and of
compliance with the law. I hope this is a matter that is taken seriously
and having it brought to light will result in changes being made.

I would be happy for the response to outline actions that NZ Police have
only decided on after having received this request, so long as that status
is made clear in the response. “

Yours sincerely

 

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

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1. http://www.police.govt.nz/

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From: WEBB, Michael (Mike)
New Zealand Police

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Mr Hanna

 

Please find a response to your recent request attached.

 

[1]New Mike Webb
Zealand National Manager: Risk, Assurance and Commission of Inquiry | New Zealand Police
Police P   +64 4 979 4509   |   M   +64 21 192 2811   |   E   [2][email address]
Logo Police National Headquarters, 180 Molesworth St, Thorndon, PO Box 3017, Wellington 6140, [3]www.police.govt.nz

Kaupapa whai Oranga mō te iti me te rahi

 

[4]http://nzpintranet/groups/PublicAffairs/... NZ Police on [6]http://nzpintranet/groups/PublicAffairs/... Follow [8]http://nzpintranet/groups/PublicAffairs/... NZ Police
[5]Facebook     [7]@NZPolice     on
[9]YouTube

 

 

 

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

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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2. mailto:[email address]
3. http://www.police.govt.nz/
5. https://www.police.govt.nz/facebook
7. https://twitter.com/NZPolice
9. https://www.youtube.com/user/policenz

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