Terms & Conditions for registration on Evidence.com
H Rogers made this Official Information request to New Zealand Police
The request was successful.
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
From: FOUNTAIN, Nicholas
New Zealand Police
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
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
===============================================================
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
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1. https://my.au.evidence.com/index.aspx?cl...
2. mailto:[email address]
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
From: FOUNTAIN, Nicholas
New Zealand Police
Hello
I have been asked to send the attached response.
Regards
Ministerial Services
Police National Headquarters
[1]wordmark transparent
===============================================================
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
From: H Rogers
Dear Nicholas,
Thank you very much for organising that reply.
Clarification by the Police on this matter is much appreciated.
I will be sure to pass this along to the ADLSI
Yours sincerely,
H Rogers
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