Details of police leaving firearms parts on dealer's lawn in Auckland
J Devere made this Official Information request to New Zealand Police
Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: J Devere
Dear New Zealand Police,
I am a New Zealand citizen.
Please provide all details (including but not limited to internal memos, reports, contemporaneous notebook entries of all attending staff and staff involved in the subsequent investigation to this event, emails surrounding the investigation including with police public affairs section, exhibit record sheets, and job sheets) with relation to the reported incident where attending police left upper and lower AR15 receivers on the lawn of a firearms dealer during a search warrant in Auckland in 2017.
For clarity the incident I am referring to is reported by kiwigunblog at https://kiwigunblog.wordpress.com/2017/1...
Yours faithfully,
J Devere
From: MCMAHON, Teresa
New Zealand Police
Dear J Devere
Your request of 11 October 2017 for the following information has been
received and is being dealt with under the Official Information Act 1982.
You asked: Please provide all details (including but not limited to
internal memos, reports, contemporaneous notebook entries of all attending
staff and staff involved in the subsequent investigation to this event,
emails surrounding the investigation including with police public affairs
section, exhibit record sheets, and job sheets) with relation to the
reported incident where attending police left upper and lower AR15
receivers on the lawn of a firearms dealer during a search warrant in
Auckland in 2017.
For clarity the incident I am referring to is reported by kiwigunblog at
[1]
https://kiwigunblog.wordpress.com/2017/1...
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New Zealand Police
Good morning
Please find a letter attached with regards to the information requested.
Kind regards
Kirsten
===============================================================
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: J Devere
Dear New Zealand Police,
Thankyou for your prompt reply.
In case your reply has been solely prepared on the basis that a search warrant was not carried out by Police, in relation to the incident that I mentioned, I would like to re-request the same specific information but in relation to the incident that was referred to in the blog post. For clarity I mean whether or not this incident involved a formal search warrant, a search by consent, a search without warrant using a statutory or common law power.
Further, my request wasn't restricted to Counties Manukau police, but should be read to include any police involved in this reported incident.
If it assists - if police are able to categorically state that the reported incident mentioned simply did not occur in any way and is a falsehood, then I would be content to not proceed with this request.
Thankyou for your understanding, this is a matter of real public interest if found to be true but if it is false it is a clear indictment on aspects of the NZ gun lobby, hence my interest.
Yours faithfully,
J Devere
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, this has been forwarded to Ministerial Services
Department.
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
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From: J Devere
Dear MCMAHON, Teresa,
Noting the due date of 9 November for police to respond to my followup questions arising from the response to my request, I am wanting to make sure that my followup OIA request was received please?
I look forward to the reply in the forthcoming days.
Yours sincerely,
J Devere
From: MCMAHON, Teresa
New Zealand Police
Dear J Devere
It was received but no reply has yet been prepared.
Can you please provide some more information about the incident to which you are referring and/or your full name and a police file number, if relevant, so it can be directed to the appropriate section of police.
Many thanks
Ministerial Services
Police National Headquarters / New Zealand Police / Nga Pirihimana O Aotearoa
180 Molesworth Street, PO Box 3017, Wellington 6140 www.police.govt.nz
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From: MCMAHON, Teresa
New Zealand Police
Dear J Devere
Further to the message of earlier today, I can confirm that Police has received two requests from you as follows: On 11 October: Please provide all details (including but not limited to internal memos, reports, contemporaneous notebook entries of all attending staff and staff involved in the subsequent investigation to this event, emails surrounding the investigation including with police public affairs section, exhibit record sheets, and job sheets) with relation to the reported incident where attending police left upper and lower AR15 receivers on the lawn of a firearms dealer during a search warrant in Auckland in 2017.
ON 12 October (in response to an earlier reply): For clarity the incident I am referring to is reported by kiwigunblog at https://kiwigunblog.wordpress.com/2017/1... In case your reply has been solely prepared on the basis that a search warrant was not carried out by Police, in relation to the incident that I mentioned, I would like to re-request the same specific information but in relation to the incident that was referred to in the blog post. For clarity I mean whether or not this incident involved a formal search warrant, a search by consent, a search without warrant using a statutory or common law power. Further, my request wasn't restricted to Counties Manukau police, but should be read to include any police involved in this reported incident. If it assists - if police are able to categorically state that the reported incident mentioned simply did not occur in any way and is a falsehood, then I would be content to not proceed with this request. Thank you for your understanding, this is a matter of real public interest if found to be true but if it is false it is a clear indictment on aspects of the NZ gun lobby, hence my interest.
I take it both these requests refer to the same alleged incident. I must notify you that Police requires an extension of time in which to respond to your request, pursuant to section 15A(1) of the Official Information Act 1982, because the request necessitates a search through a large quantity of information and consultations such that a proper response to the request cannot reasonably be made within the original time limit. Police require until 7 December 2017 to provide a substantive response to your request. You have the right to complain to the Office of the Ombudsmen about this extension.
Ministerial Services
Police National Headquarters / New Zealand Police / Nga Pirihimana O Aotearoa
180 Molesworth Street, PO Box 3017, Wellington 6140 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
From: J Devere
Dear MCMAHON, Teresa,
Thankyou for your update. You are correct, both requests relate to the same incident. The second request is a followup to my first request which was responded to saying that no documents existed which according to other reporting in media would appear to be incorrect.
If you are able to provide any further detail on the reason for requiring the extension I would likely be happy not to complain to the Obudsman however given my request was lodged on 11 October and you've only advised of the requirement for the extension today (and on my prompting) I wonder if the need for the extension is because my request had been overlooked? If Police aren't able to provide that explanation I do intend to complain to the Ombudsman.
If it helps to narrow down the search, the incident is further reported at http://www.times.co.nz/news/police-leave...
Thankyou.
Yours sincerely,
J Devere
From: MCMAHON, Teresa
New Zealand Police
Thank you for the clarification. The reply should be completed within the next week.
Teresa
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From: J Devere
Dear MCMAHON, Teresa,
Noting this request (second part) was made on 12 October and is now overdue, can you please chase up the response?
Yours sincerely,
J Devere
From: MCMAHON, Teresa
New Zealand Police
FW FW Official Information request Details of police leaving firearms parts on dealer s lawn in Auckland.txt
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Dear J Devere
The extension to 7 December related to both your requests as they are related to the same incident and will answered at the same time. I attach the extension email.
I attach my email.
If I have made an error please let me know.
Teresa McMahon, Ministerial Services
Police National Headquarters / New Zealand Police / Nga Pirihimana O Aotearoa
180 Molesworth Street, PO Box 3017, Wellington 6140 www.police.govt.nz
DDI: +64 4 474 9469 / ext 44069
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From: J Devere
Dear MCMAHON, Teresa,
Thanks for your message. I was relying on your subsequent message where you said: "The reply should be completed within the next week." and assumed you were withdrawing the extension.
I will await your response by 7 December however.
Thankyou.
Yours sincerely,
J Devere
From: MCMAHON, Teresa
New Zealand Police
My apologies. We will certainly get it to you as soon as we can.
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From: J Devere
Dear New Zealand Police,
This is another FOI request that you have not responded to within your legally required time, despite having claimed an extension for it.
I am now laying a complaint with the Ombudsmen.
Yours faithfully,
J Devere
From: OSBOURNE, Mark
New Zealand Police
Mr Devere.
Please find attached letter in response to your request under the OIA.
Rgds
[1]NZ Police crestMark Osbourne
Detective Sergeant|Professional Conduct Investigator Auckland City|
Ponsonby Police Station, 12 Jervois Road, Ponsonby, P O Box 92002,
Auckland 0627
' 09 3593111| 6 021 1916104 |* [2][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
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2. mailto:[email address]
From: J Devere
Dear Detective Osbourne,
Thankyou for your reply, albeit well outside the legally required timeframe.
In order to fully refuse this request under section 9 (privacy grounds) you need to be satisfied that each document I requested would need to be withheld on those grounds. It would seem logical that at least some of the material sought could be provided, even if personal details were redacted, without affecting the privacy of an individual.
You will be aware that I have made a complaint to the Ombudsman about police not responding to this request in a timely manner and I am reluctant to make another complaint about non-disclosure so would like to offer you the opportunity to take advice and reconsider this request. Note that I would expect a timely response please, given how slowly this has progressed so far.
Yours sincerely,
J Devere
From: OSBOURNE, Mark
New Zealand Police
Dear Mr De Vere
I write following communications with the Office of the Ombudsman about
your complaint about Police’s response to your request for information
dated 10 October 2017 regarding an allegation reported on Kiwi Gun Blog
that Police left fifteen complete “upper and lower AR15 receivers on the
lawn of a firearms dealer during a search warrant in Auckland in 2017”.
Police’s response dated 12 October 2017 was that the information did not
exist, as the Counties-Manukau Police district who received your request
had not executed a search warrant.
You clarified that your request about the search warrant was not
restricted to Counties-Manukau Police. The relevant incident in fact
involved a search warrant executed by Auckland City Police in 2014. A
further response dated 14 December 2017 refused the request on the basis
that Police had been carrying out an internal employment investigation.
This employment investigation arose from a request for information from
the IPCA in connection with a complaint about matters relating to
execution of that search warrant, including the allegation you have asked
about.
The internal employment investigation is almost complete and I have
decided to provide the following extract from the draft report as a
summary of the information requested (identifying information has been
removed):
In relation to firearms left on the front lawn of the property, this was
disputed by [the Police officers involved]. [The officer in charge of
exhibits] stated that [the subject of the search warrant] was present when
they left the address and the allegation that 17 firearms were left on the
lawn did not happen nor any parts of firearms which could be considered
firearms.
When interviewed [the officer in charge of the search] stated that she
couldn’t remember any firearms leaving the garage and can’t recall them
being on the front lawn, she states there is no way she would have left
the address with firearms scattered on the lawn.
Note: Without any other evidence (Photos) it’s difficult to prove this
allegation.
For the sake of clarity, I confirm that the investigation canvassed
whether any parts of firearms were left on the lawn. The officer in
charge of the search commented that guns were being photographed in the
garage and she could see no reason why they would have taken any guns
outside; and that, despite the fact that the subject remained at the house
in this instance, they would have done a final sweep in the usual way.
The officer in charge of exhibits also believed no firearms or parts of
firearms were left on the lawn or insecure. He stated that E Cat
firearms, including the working parts of firearms and the lower receivers
for AR15 style assault rifles, were located and, due to insecure safes at
the address, it was decided that they should be moved to the subject’s
approved security address. He recalls the subject ringing him on his
mobile phone about whether some parts left behind ought to have been
included for removal to the approved security address, but it was not
about Police having left parts of firearms on the lawn.
A copy of this response will be provided to the Ombudsman. I trust this
clarifies the matter for you, but you have the right to complain to the
Ombudsman if you are dissatisfied with my response.
Yours faithfully.
[1]NZ Police crestMark Osbourne
Detective Sergeant|Professional Conduct Investigator Auckland City|
Ponsonby Police Station, 12 Jervois Road, Ponsonby, P O Box 92002,
Auckland 0627
' 09 3593111| 6 021 1916104 |* [2][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
2. mailto:[email address]
From: J Devere
Dear Detective OSBOURNE, Mark,
Thankyou for your updated response, it was a deal more helpful than your initial response.
As per my original request, I await copies of the correspondence and documents I requested under the OIA. I would obviously accept that names and any other personally identifying content might need to be redacted however the remainder should be able to be released. I would now note that request to include photographs taken at the address, contemporaneous and subsequently made file or notebook entries, and notes of interview and summary material arising from the internal investigation into this matter.
I look forward to receiving this shortly please.
Yours sincerely,
J Devere
From: OSBOURNE, Mark
New Zealand Police
Dear Mr Devere
Thank you for your email in which you reiterate your original request, which was for:
“all details...(in any of a variety of formats)…with relation to the reported incident where attending police left upper and lower AR15 receivers on the lawn of a firearms dealer during a search warrant in Auckland in 2017”.
You have now clarified that you require information in other formats as well, to include "... photographs taken at the address, contemporaneous and subsequently made file or notebook entries, and notes of interview and summary material arising from the internal investigation into this matter".
Police’s response of 7 March 2018 made available to you the information requested - about the assertion that firearms parts/receivers were left on the lawn of a person on which Police had executed a search warrant - by way of a summary under section 16(1)(e) of the OIA. The only information Police holds about that assertion came into existence after a complaint was made to the IPCA, and comprises sections of the internal investigation report, and transcripts of interviews with two staff members. Nothing contemporaneous would have been recorded because the Police officers involved have said it didn’t happen.
The summary comprised the investigation report’s finding in full, and Police's letter to you also included pertinent extracts from the interview and meeting records. As the key points of the interviews have already been released, Police are not willing to release the actual transcripts verbatim in reliance on section 9(2)(ba) of the Official Information Act 1982 to protect information subject to an obligation of confidence.
If your request is intended to encompass information relating to the execution of the search warrant at the address, Police would be unwilling to provide even anonymised information. It is highly likely the subject of the search warrant is already known to people in the firearms community, and would be identifiable. Police would rely on section 9(2)(a) to refuse your request, there being no apparent countervailing public interest outweighing the privacy of the individual concerned.
Yours faithfully
Mark Osbourne
Detective Sergeant|Professional Conduct Investigator Auckland City|
Ponsonby Police Station, 12 Jervois Road, Ponsonby, P O Box 92002, Auckland 0627
09 3593111| 021 1916104 |||[email address]
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From: J Devere
Dear OSBOURNE, Mark,
I write with regard to my previous requests that you have responded to.
As a follow up, and as a new request under the OIA, I understand now that the information you provided is not correct in that there was in fact several firearm parts left behind on the property.
You advised that Police asserted that this did not happen.
1. Again, please provide all information relating to a number of firearm parts being left on the property in question.
2.I note that previously you have denied that this took place, and in another response (your letter dated 22 February) have denied that a) any firearms were left at the property by Police and b) that any member of the public had to transport these (non-existent) firearms to another place. What has changed since that response? Did your investigation determine that a Police officer had misled the investigation about the events that day (noting you asserted that a large number had been interviewed and all refuted the allegation) or is it that Police are being cute about the language of firearm vs receiver?
3. Please provide copies of any documentation that confirms the events surrounding the receivers being left at the address
4. Please provide copies of all correspondence between you and any other members of Police staff surrounding the definition of firearm in the context of this investigation.
5. Please provide copies of all correspondence between you and any other members of Police staff surrounding the OIA requests involved in this matter, made by both myself and any other person.
6. As it would now appear that one of your fellow Constables left receivers unattended at the property, please advise what action has been taken in respect of that failure?
Yours sincerely,
J Devere
From: OSBOURNE, Mark
New Zealand Police
Mr Devere
Please find attached response to your OIA requested dated 27 June 2018.
I have endeavoured to answer all of your questions whilst only withholding information pursuant to Section 9 (2) (a) & (h) of the Official information Act 1982.
Rgds
Mark Osbourne
Detective Sergeant|Professional Conduct Investigator Auckland City|
Ponsonby Police Station, 12 Jervois Road, Ponsonby, P O Box 92002, Auckland 0627
09 3593111| 021 1916104 |||[email address]
show quoted sections
From: J Devere
Dear OSBOURNE, Mark,
Thankyou for your response, it is very helpful.
There are large redactions on the grounds of legal privilege - and I struggle to accept that the entire page of these documents needed to be redacted to protect privilege. If you maintain that you are unable to partially disclose these particular sections or documents I will need to refer this to the Ombudsman to carry out a further investigation. For example could police help by un-redacting the author/position/title/parties in these documents, the questions being asked (presumably by you, which in themselves are not priviliged - only the advice from the lawyer is). A date and time wouldn't seem neccessary to be redacted, as another example.
This matter has gone on for so long now I am reluctant to prolong it further with another complaint to the Ombudsman but unfortunately Police seem resistant to full disclosure here.
Yours sincerely,
J Devere
From: OSBOURNE, Mark
New Zealand Police
Mr Devere
I have sort advise over your request and Police maintains its position that the information is properly withheld to protect legal professional privilege.
I don’t intend to revisit this matter.
Rgds
Mark Osbourne
Detective Sergeant|Professional Conduct Investigator Auckland City|
Ponsonby Police Station, 12 Jervois Road, Ponsonby, P O Box 92002, Auckland 0627
09 3593111| 021 1916104 |||[email address]
show quoted sections
From: J Devere
Dear OSBOURNE, Mark,
Thankyou for considering my request. Given you have sort (sic) advise (sic) and Police are not prepared to disclose further information, I will ask the Ombudsman to investigate which will mean that you will indeed revisit this matter.
Yours sincerely,
J Devere
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To New Zealand Police by J Devere
Malcolm Lock left an annotation ()
I think time is up for the New Zealand Police, they have replied with a non-specific answer then asked for an extension to reply, committed to replying on or before 7 December 2017 they have had 58 days to reply to your request. All the information that is required is available to them, this is non a historical case. I would now lodge a complaint with the Ombudsman to investigate why they have not replied to your OIA request. Past experience has told me that the police use the Ombudsman process as another tool to delay any response to OIA's. But at least you will eventually get a response that should be truthful and legally binding. It may take several months, but persevere.
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