Terms & Conditions for registration on Evidence.com

H Rogers made this Official Information request to New Zealand Police

The request was refused by New Zealand Police.

From: H Rogers

Dear New Zealand Police,

I am a New Zealand citizen and I reside in New Zealand.

Please can you provide a copy of the current terms and conditions presented to counsel for the defence when required to register for the evidence.com system.

Yours faithfully,

H Rogers

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From: FOUNTAIN, Nicholas
New Zealand Police


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Hello H Rogers

I acknowledge receipt of your Official Information Act 1982 (OIA)
requested below.
Your request is being actioned pursuant to the OIA.

Ngā mihi

 

Nick Fountain

Ministerial Services Advisor

Police National Headquarters

 

E [1][email address]

 

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From: FOUNTAIN, Nicholas
New Zealand Police


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Attachment my.evidence.com TOU.PDF.pdf
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Dear Mr Rogers

 

The information requested is refused under s 18(d) of the Official
Information Act1982 as it is publicly available here:
[1]https://my.au.evidence.com/index.aspx?cl....
For your convenience I have attached a PDF version.

 

 

Ngā mihi

 

Nick Fountain

Ministerial Services Advisor

Police National Headquarters

 

E [2][email address]

 

[3]wordmark transparent

 

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From: H Rogers

Dear Mr Fountain

Thank you for your reply.

On 27 September 2018 at a CPD course, I questioned Snr Sgt Tara Griffin on the following.

"2.2 License Restrictions. You may not use the Services in any manner or for any purpose other than as expressly permitted by these Terms. These Terms of Use permit you to use the Website for your personal, non-commercial use only."

Clearly, all counsel required to access the system by the Police are doing so for professional and commercial reasons.

This usage restriction puts all defence counsel who are members of the private bar and have been told by the Police they are required to use this system in a difficult position.

The Police now only provide access to certain vital disclosure in respect of the allegations clients face through evidence.com up to and including the case review hearing. Registration places private bar counsel immediately in breach of the terms and conditions of use provided by evidence.com.

Snr Sgt Griffin responded that the current terms and conditions being presented to users were simply the default ones and the Police/Ministry were working with Evidence.com to provide defence counsel with a set of terms and conditions which did not require them to breach what is effectively the contract for access/use to this system.

This response from Snr Sgt Griffin was also reported and published to the ADLSI members who were not present on the training course. I would refer you to (2018) 42 LawNews 6.

As it appears no updates have been made, please can you advise when an acceptable set of terms and conditions regulating use of evidence.com by the private defence bar will be available for consultation with representative bodies such as the Criminal Bar Association and displayed to users who are required to register in order to obtain what is usually pivotal disclosure in relation to the allegations they are being asked to work on.

Yours sincerely,

H Rogers

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