Review of Mr Matt Blomfield complaint
J Young made this Official Information request to New Zealand Police
The request was refused by New Zealand Police.
From: J Young
Dear New Zealand Police,
On Thursday Oct 9 2014, senior reporter David Fisher wrote in The New Zealand Herald that the police were reviewing a compliant made by Mr Matt Blomfield ("Police review complaint against Whaleoil blogger"). Mr Blomfield was reported as saying "I am mindful of the fact that I have waited over two years for my matter to be concluded and I am becoming slightly impatient. If it came to pass that Mr Slater receives preferential treatment for a complaint that very closely mirrors my complaint I would be quite annoyed."
The central issue is why the New Zealand Police did not search Cameron Slater’s residence and remove computer equipment from it in an effort to trace who gave him stolen material belonging to Mr Blomfield.
On Monday 13 July 2015, Detective Senior Sergeant Liam Clinton wrote to me to say "The Blomfield / Slater matter complaint file appears to have been finalised. I am in the course of trying to establish if the review of that case has been completed. I will let you know that in due course."
He never contacted me again. Can I please have a copy of this review?
I reside in New Zealand; Senior Sergeant Clinton has my email address. But please reply to the FYI.ORG email address and not to my email address.
Yours faithfully,
Jim Young
New Zealand Police
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New Zealand Police
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From: SEDGWICK, Alexandria
New Zealand Police
Dear Mr Young
On behalf of the Commissioner, I acknowledge your request of 25 June in
which you asked for a copy of Police’s review into the Blomfield/Slater
investigation.
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
===============================================================
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 Mr Young
I refer to your Official Information Act request of 25 June 2017. You
asked for a copy of Police’s review into the Blomfield/Slater
investigation.
Pursuant to section 15A of the Official Information Act 1982, I have been
asked to advise you of the requirement to extend the time limit to respond
to your request. The period of the extension is until 4 August 2017.
The reason for the extension is that the consultations necessary to make a
decision on the request are such that a proper response cannot reasonably
be made within the original time limit.
You have the right, under section 28(3) of the Official Information Act
1982, to ask the Ombudsman to investigate and review my decision to extend
the time limit for deciding upon your request.
Kind regards
Ali
[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
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2. mailto:[email address]
3. http://www.police.govt.nz/
From: SEDGWICK, Alexandria
New Zealand Police
Dear Mr Young
I have been asked to send you Police’s response to your Official
Information Act request of 24 June. Please find the reply attached.
Kind regards
Ali
[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/
From: J Young
Dear SEDGWICK, Alexandria,
Under Section 19 of the OIA 1982 ('Reason for refusal to be given'), I request that you provide grounds in support of your reason for refusing my request. You have given me the reason for your refusal - but not grounds for that reason.
Because it seems to me a bit of a stretch to claim that releasing a Police report on an investigation could prejudice that same investigation or the right to a fair trial (presumably for Mr Slater's source). Surely such a report could only improve any ongoing investigation or make a fair trial more likely.
Yours sincerely,
J Young
From: SEDGWICK, Alexandria
New Zealand Police
Dear Mr Young
Thank you for your email.
In the response to your request, Police specified that the reason for the
refusal was that the file was currently being assessed for the purposes of
continued investigations. The grounds for the refusal are 6(c) as it would
likely prejudice the maintenance of the law.
Ordinarily during Police investigations, active matters are not made
public as it would likely prejudice ongoing investigations.
I refer you to guidance provided by the Ombudsman on section 6 as a
conclusive withholding ground:
In police operations and the general maintenance of law and order, the
requirements for effective action, protection of the due process of law,
and upholding of basic individual rights combine in many instances to call
for protection.
[1]http://www.ombudsman.parliament.nz/syste...
I hope this answers your question.
Kind regards
Ali
[2]http://nzpintranet/resources/Secure%20Im... Ali Sedgwick
Ministerial Services Advisor |
Ministerial Services | New Zealand
Police
E:
[3][email address]
Police National Headquarters, 180
Molesworth Street, Thorndon, PO Box
3017, Wellington 6011
[4]www.police.govt.nz
-----Original Message-----
From: J Young [mailto:[FOI #6057 email]]
Sent: Thursday, 3 August 2017 4:27 p.m.
To: SEDGWICK, Alexandria <[email address]>
Subject: Re: Official Information reply ref: 17/6513
Dear SEDGWICK, Alexandria,
Under Section 19 of the OIA 1982 ('Reason for refusal to be given'), I
request that you provide grounds in support of your reason for refusing my
request. You have given me the reason for your refusal - but not grounds
for that reason.
Because it seems to me a bit of a stretch to claim that releasing a Police
report on an investigation could prejudice that same investigation or the
right to a fair trial (presumably for Mr Slater's source). Surely such a
report could only improve any ongoing investigation or make a fair trial
more likely.
Yours sincerely,
J Young
-----Original Message-----
Dear Mr Young
I have been asked to send you Police’s response to your Official
Information Act request of 24 June. Please find the reply attached.
Kind regards
Ali
[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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J Young left an annotation ()
Just a note to anyone following this request.
I found Ms Sedgwick reply very useful because her guidance from the Ombudsman contains the following clarification: "It is not sufficient to simply assert that disclosure of the information will have a prejudicial effect. The public sector agency must be able to identify, with sufficient particularity, the nature of the prejudicial effect and explain how such prejudice will occur in order to meet the tests for withholding in section 6."
In my opinion, the New Zealand Police failed to do this, when I requested they provide grounds in support of their reason for refusing my request.
I therefore laid an Official Information Act complaint. I was advised (8 September) that my complaint "is now queued for allocation to an Investigator".
I will post updates here – eventually.
J Young
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they should only refuse access to the information if they are charging a person under the Crimes Act. If they aren't then refer it to the omburseman
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