Printed from https://fyi.org.nz/request/6820-disclosure-of-name-of-arrested-person-who-i-believe-did-705-47-of-damage-to-my-property on April 26, 2024 22:28

Disclosure of name of arrested person who, I believe, did $705.47 of damage to my property

Patrick Kennedy made this Official Information request to Stuart Nash

The request was refused by Stuart Nash.

From: Patrick Kennedy

Dear Stuart Nash,
The Police have refused to disclose the name of an arrested person who, I believe, did $705.47 of damage to my properties at 7A and 9 Renfrew Street Christchurch on the night of 23/12/16. I am considering taking civil action against him to recover the $705.47.The Police file number is 170201/6592

Yours faithfully,
Patrick Kennedy

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Mr Rodgers left an annotation ()

The Police have quite rightly refused to identify the person who they have arrested (and you *believe* may have been responsible for damage to your property).

Like many legal systems, NZ adopts the presumption of innocence. This is enshrined in the Bill of Rights.

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Patrick Kennedy left an annotation ()

I cannot believe the PC nature of that response - who is Mr Rodgers? - did he not read that there is an ever so slight "difference between the criminal and civil burdens of proof". "Presumption of innocence" has absolutely nothing to do with civil proceedings.
With regard to the criminal aspect has he heard of "res ipsa loquitur"? In any event does bashing a letter box against a glass door terrifying the female occupant in the middle of the night not have some aspect of criminality and then sufficiently disturbing another tenant that the latter confronted him physically? At the very least these constitute disorderly behaviour and being unlawfully on premises I would have thought. The police could not do their job and it looks like your organisation will be going the same way

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From: Lee Hodgson

Attachment Transfer Patrick Kennedy.pdf
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Good afternoon – please find attached Hon Nash’s response to your recent
OIA request.

 

Kind regards

 

 

Lee Hodgson

Private Secretary (Police) | Office of Hon Stuart Nash, Minister of Police

Level 19 Bowen House | Parliament Buildings, Wellington 6160, New Zealand

Email: [email address]

 

 

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From: MCMAHON, Teresa

Dear Mr Kennedy

Police has received your correspondence referred from the Office of the
Minister of Police. You wrote about the refusal by police to disclose the
name of an arrested person.  I understand your request was dealt with by
the Canterbury District. As you were advised, you have the right to
complain to the Ombudsman if you are dissatisfied with the response to
your information request.

 

Yours sincerely

 

Teresa McMahon, Ministerial Services

Police National Headquarters / New Zealand Police / Nga Pirihimana O
Aotearoa

180 Molesworth Street, PO Box 3017, Wellington 6140  [1]www.police.govt.nz

 

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