Taser policy compliance

Mark Hanna made this Official Information request to New Zealand Police

The request was partially successful.

From: Mark Hanna

Tēnā koutou,

NZ Police have previous released under the OIA their TASER (Electronic Control Devices) manual (v9.0 released in January 2017) and tactical options reporting data containing some information in how tasers are used by NZ Police.

This TOR data, and media reports of actions such as a taser being discharged on a youth operating a tractor (https://www.stuff.co.nz/auckland/local-n...), have revealed potential breaches of the TASER (Electronic Control Devices) manual. I have some questions about how such breaches are monitored and responded to by NZ Police.

Please release the following information:

1. If the TASER (Electronic Control Devices) manual has been updated since v9.0 was released in January 2017, please release all subsequent versions of this document and the dates on which they came into effect.

2. What system(s) does NZ Police use to monitor and investigate potential breaches of the TASER (Electronic Control Devices) manual or other misuses of a taser?

3. When a breach of the TASER (Electronic Control Devices) manual or other misuse of a taser is identified, what actions may taken by NZ Police in response (e.g. verbal warning, additional training, termination of employment, prosecution)?

4. A list of all potential breaches of the TASER (Electronic Control Devices) manual or other misuse of a taser investigated by NZ Police, broken down by month from January 2014 until the most recent month for which information exists, including:

4a. The nature of each of these incidents (e.g. taser used against a person offering only passive resistance); and

4b. The outcome of each of these investigations (e.g. whether or not the investigation found there was misconduct)

4c. The actions taken by NZ Police in response to each of these instances.

Please also explain any relevant caveats that should be kept in mind when analysing this information, including the licence under which it is released.

Please provide all information, including the response letter, in an accessible, searchable format. Please provide any tabular data in a machine-readable spreadsheet format, such as CSV or XLSX.

As I’m not familiar with the systems used by NZ Police in this area, if any of my questions are worded in a way that is inconsistent with these systems, I hope you will consult with me to revise my request.

I expect the type of information I am seeking is clear, even if the specifics may not be correct. If any part of my request is unclear, please don't hesitate to contact me for clarification.

If any of the information that I have requested is unavailable or would be difficult to retrieve, but similar information might be readily available, I would be happy to discuss altering or refining my request.

Ngā mihi,
Mark Hanna

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New Zealand Police

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From: FOXWELL, Holly
New Zealand Police


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Dear Mark

 

I acknowledge receipt of your Official Information Act request around
Police use of Tasers and the Police policy around using them.

Your request is being actioned pursuant to the Official Information Act
1982.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[10][FOI #8308 email]

Is [11][New Zealand Police request email] the wrong address for Official
Information requests to New Zealand Police? If so, please contact us using
this form:
  [12]  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:
  [13]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: FOXWELL, Holly
New Zealand Police


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Attachment Hanna Mark 11.7.2018 signed.pdf
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Attachment Hanna Mark 11.7.2018 NZ Disciplinary Process Guidelines.pdf
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Attachment Hanna Mark 11.7.2018 Taser manual.pdf
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Dear Mark

 

I have been asked to send this attached response. (3 attached)

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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From: FOXWELL, Holly
New Zealand Police


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Dear Mark

 

I have been asked to let you know that Police requires an extension of
time in which to respond to the remainding part of your request for
potential breaches of the Taser manual. This extension is pursuant to
section 15A(1) of the Official Information Act 1982, because the request
necessitates consultations such that a proper response to the request
cannot reasonably be made within the original time limit.

                                                                                           

Police require until 22 August 2018 to provide a substantive response to
your request. 

 

You have the right to ask the Office of the Ombudsman to review this
extension.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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From: Mark Hanna

Tēnā koe,

Thank you for the partial response sent yesterday, and for the notice of extension for the remainder of my request I received just now. I appreciate that splitting my request in this was allows for some of the requested information to be released earlier, instead of waiting for all of it to be ready, and I am grateful that NZ Police have taken this approach.

I see that the three attachments to yesterday's response are all image-based PDFs, which seem to have been created by printing and then scanning documents. In my request, I expressed a preference that all information, including the response letter, be provided in an accessible, searchable format.

Section 16(2) and 16(3) of the Official Information Act requires that information be released in the way preferred by the person requesting it unless there is one of three specific reasons for not doing so, and that if a different format is used the requester should be told the reason for not providing the information in the way they preferred.

Please provide me with the three attachments to yesterday's email in an accessible, searchable format. I expect that the original format, before these documents were printed, will be suitable for this. No information appears to have been withheld in any of these documents, so I don't anticipate that there will any difficulty in providing this.

As I have said in previous correspondence with NZ Police, it should be considered good practice to use accessible formats by default, and I would recommend NZ Police review their practices in this area. I have emailed the Minister for Disability Issues about this issue, and she responded with the message that “Providing OIA responses in accessible format should be standard practice as part of an open and transparent government”.

If there is a reason under section 16(2) of the OIA why NZ Police will not release accessible copies of this information, please tell me what the reason is.

Ngā mihi,
Mark Hanna

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From: FOXWELL, Holly
New Zealand Police


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Attachment Hanna Mark 11.7.2018 IR 01 18 5681 signed.pdf
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Dear Mark

 

I have been asked to send this attached response.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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From: Mark Hanna

Tēnā koe Holly,

The attached response letter mentions "The attached spreadsheet", but I don't see any spreadsheet attached to the email. Could you please send through the spreadsheet again?

Also, I see that the response letter is an image-based PDF, which seems to have been created by printing and then scanning a document. In my request, I expressed a preference that all information, including the response letter, be provided in an accessible, searchable format.

Please provide me with a copy of the response letter in an accessible, searchable format.

I reiterated this part of my request in an email I sent you a week ago, when I asked for accessible copies of the other attachments I have been sent. I have not yet received any response.

Section 16(2) and 16(3) of the Official Information Act requires that information be released in the way preferred by the person requesting it unless there is one of three specific reasons for not doing so, and that if a different format is used the requester should be told the reason for not providing the information in the way they preferred.

As I have said in previous correspondence with NZ Police, it should be considered good practice to use accessible formats by default, and I would recommend NZ Police review their practices in this area. I have emailed the Minister for Disability Issues about this issue, and she responded with the message that “Providing OIA responses in accessible format should be standard practice as part of an open and transparent government”.

If there is a reason under section 16(2) of the OIA why NZ Police will not release accessible copies of this information, please tell me what the reason is.

Ngā mihi,
Mark Hanna

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From: FOXWELL, Holly
New Zealand Police

Hello

The attached table is on the third page of the response.
I am working on getting the table and letter converted to a readable format for you.

Kind regards
Holly Foxwell

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Mark Hanna left an annotation ()

I have lodged a complaint with the Ombudsman regarding Police's failure to send this information in an accessible format, as I had requested.

Given they almost certainly converted the information from an accessible format into an inaccessible format (for example by printing an accessible document then scanning it into an inaccessible image-based PDF), it seems ridiculous that it could take so long.

I am waiting until I receive accessible versions of the files before I look through them to determine the correct status for this request.

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From: FOXWELL, Holly
New Zealand Police


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Attachment 23082018 Hanna Mark Ombudsman letter.pdf
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Attachment 16082018 Letter One Hanna Accessibility.pdf
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Attachment 16082018 Letter Two Hanna Accessibility.pdf
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Dear Mark

 

Please find the attached responses as a result of your complaint to the
Ombudsman.

Look forward to your feedback.

 

Ngā mihi

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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From: FOXWELL, Holly
New Zealand Police


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Attachment Hanna Mark 11.7.2018 IR 01 18 5681 signed.pdf
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Attachment Hanna Mark 11.7.2018 Taser Policy signed.pdf
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Attachment Hanna Mark 11.7.2018 NZ Disciplinary Process Guidelines.pdf
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Attachment Hanna Mark 11.7.2018 Taser manual.pdf
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Dear Mark

 

You have asked for information regarding any restrictions around
publishing NZ Police’s fleeing driver policy. I note that this policy has
been in existence in one form or another for many years. I have enquired
of existing Police staff, but I am unable to determine conclusively
whether this was created solely by NZ Police.

 

The policy and a number of previous versions are currently available on
the fyi website, having been provided by Police in response to other
information requests and so are already publicly available in full. There
are no issues from NZ Police’s perspective with this document being
published in this way.

 

However, it is your responsibility to seek your own legal advice on the
lawfulness of any proposed actions relating to the released material. I
note that under the OIA, the release of any information cannot be taken,
for the purposes of the law relating to defamation, breach of confidence
or infringement of copyright, as constituting an authorisation of the
publication of the document by the requester (s 48(2)).

 

Please also find attached the readable format response to your request
around Taser policy, systems used to investigate breaches and what systems
are used to investigate breaches of use. (4 attached)

 

 

Ngâ mihi

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

[2]wordmark transparent

 

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Things to do with this request

Anyone:
New Zealand Police only: