Called up, was told that this case was not in their system, and I'm to call back tomorrow when the person I handed it to is back on duty to determine where the file I handed to him went

I called up, was told the case exists, and should send through the OIA request again.

https://fyi.org.nz/request/9522-requesti... is the new OIA request, noting the original time limit.

Called again, was asked to confirm I made another request. Told them I have and it hasn't been acknowledged. I reminded them that this was now legally overdue. I was invited to come into the station to make a complaint about it being overdue.

Have been told that I will get a call tomorrow to organise sending the file. I've told them that they have had several chances to email or call me before now, and am also unsure why they need to call instead of just emailing as they have confirmed over the phone that the case file exists.

Called again, got told that noone on the OIA team or the records team is available. Seems like they are dodging calls. Explained clearly that this is overdue legally, and they are breaking the law.

Have now sent through this request noting it is overdue to their twitter account (tweet and DM), email from 2 separate emails, and also the other FYI request linked above.

Found Barry's number, called him. Got answer phone, left message explaining situation and asked for file to be sent at earliest convenience. Reminded him that it was legally overdue.

Called Barry again today, answer phone again. Got a response from Twitter saying that they've already responded and that I can follow up with Ombudsman. Explained clearly why they haven't responded correctly (contradicts what their staff say, the information clearly does exist). Yet to have a response from that follow up.

Went into station in person as suggested by one person on the phone. Barry is not here today, but I will try tomorrow.

from twitter DM
Hi Hugh, all of your messages have been received have been passed on to the appropriate teams. I am not able to help you ^ JB

Hi Hugh,

I've checked our mail logs and can confirm that all your outgoing emails on this request were delivered to Police. The lack of response must be an issue on their side.

Oliver

Received a response with the file via email:

have looked into why your report was not evident at the time I originally researched your request of the 11th December 2018.

As you will see in the Report Summary which I have attached relating to police file number 181206/3018, your name does not appear in the part of the report under the heading "Persons" and thus when a search was carried out, the fact that you were not linked to that report meant that at the time of my search it was not able to be identified, which then resulted in the "no information available" response being sent.

The report will be updated so that you will be linked to it.

The OIA Act requires that any request must be responded to within 20 working days, therefore as your original request dated the 11th December 2018 was responded to on the 18th December, means that it is not in fact overdue. At that stage it was refused under Section 18 (e) that the document alleged to contain the information requested does not exist or , despite reasonable efforts to locate it, cannot be found:

Your subsequent requests are then subject to a further 20 working day response time, which has been complied with.

If you are not satisfied with my response to your request you have the right to complain to the Office of the Ombudsman and seek an investigation and review of my decision.

I responded:

Hi Barry,

Thanks for that. I'm still a bit confused why it couldn't be found, as you mentioned you searched records for the day, as well as for my name. I can understand that you couldn't match my name due to an incorrect filing method, however this report has always had the same date which should be searchable?

As for the overdue-ness. I clarified my request on Dec 13 (https://fyi.org.nz/request/9226-requesti...) to include the file number, responded to your email on Dec 18 reiterating that clarification, again emailed on Jan 28, again on Jan 31, again on Feb 1, again on Feb 4, called your DDI from your email signature and spoke with people that "passed it on" on Feb 5, and again on Feb 7, and again on Feb 8. On Feb 5 it was suggested I make another request using the same method as I had originally explaining the situation, which I did via FYI at https://fyi.org.nz/request/9522-requesti.... I also sent emails to this email address, and via the online police form at https://forms.police.govt.nz/oiarequest, and via twitter (both a tweet, and a direct message) on Feb 8. I left a message on your answer phone on Feb 8, and on Feb 11. On Feb 11 I was told via twitter that "my request had been passed onto the appropriate teams". Then I called you again today Feb 12 and spoke to you in person.

I also received an email from a "T Smith" on Feb 7 which I replied to explaining the situation and never got a response.

I've got confirmation that all the emails from my original FYI request went to the Police (https://fyi.org.nz/request/9226-requesti...), and I have confirmation emails from sending to this email, and also via the online form.

So, either you never check emails, or you never clear your mobile phone messages, or your social media teams never pass on the details to you, or your online form doesn't work, or your staff who talked on the phone don't pass on the details to you, or ... all of the above? I highly doubt that the Police were unaware that I had been trying to contact you about this file, so I will stand by the original request date of Dec 10 (if you could search files properly), or Dec 13 when I clarified the request with the case file number. These would have had the responses due by Jan 29 and Feb 1 respectively. The Police's original response was just admitted to be wrong due to yourself being unable to search for what I requested appropriately, and then your team's inability to receive communications. Both of these issues are not my fault, and completely in the Police's court to fix the issues. Your reaction to just dismiss this as not your issue is terrible, and I will be escalating to the Independent Police Complaints Authority for your negligence. I have already communicated with the Ombudsman on this issue and will update them from this.

Cheers,

Hugh