Information about a traffic stop involving a Metlink bus
Hugh Davenport made this Official Information request to New Zealand Police
Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Hugh Davenport
Dear New Zealand Police,
I would like to request the following information about a traffic stop in Miramar, Wellington on the 17th Feb 2019. Details below.
1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus had any prior driving behaviour reports known by the Police
5) The names and/or badge numbers of the Police involved with the traffic stop (one male, one female, unknown rank or badge number).
6) A copy of the notebook page(s) used by the Police in regards to this traffic stop.
In addition, I would like to request the following information.
7) Policies on whether traffic stops are to be carried out on double yellow lines, or directed to a safer area.
8) If Police policy is to not perform traffic stops on double yellow lines, what repercussions for the Police involved were.
Details of traffic stop:
Bus rego GQU11, metlink bus no 4188
Location, Mirimar ave between Shelly Bay Road and Maupuia Road, towards Maupuia Road. Double yellow lines along the entire segment of road between the two cross roads.
Police vehicle rego HSM175, lights flashing, no siren.
Yours faithfully,
Hugh Davenport
New Zealand Police
'Do not reply to this message, this email message has been sent from an
un-monitored email address'
Thank you for your email Hugh.
Your email has been forwarded to the appropriate department.
Please email us again at [1][New Zealand Police request email] if we can help you
any further.
Regards
New Zealand Police
'Do not reply to this message, this email message has been sent from an
un-monitored email address'
===============================================================
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
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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
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1. mailto:[New Zealand Police request email]
New Zealand Police
Hello Hugh
I acknowledge receipt of your Official Information Act 1982 (OIA) request
for the information below.
Your request is being actioned pursuant to the OIA.
Ngā mihi
Ministerial Services
Police NationalHeadquarters
[1]wordmark transparent
From: Hugh Davenport < [2][FYI request #9613 email] >
Date: 18/02/2019 09:17AM
Subject: Official Information request - Information about a traffic stop
involving a Metlink bus
Dear New Zealand Police,
I would like to request the following information about a traffic stop in
Miramar, Wellington on the 17th Feb 2019. Details below.
1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus hadany prior driving behaviour reports
known by the Police
5) The names and/or badge numbers ofthe Police involved with the traffic
stop (one male, one female, unknown rank or badge number).
6) A copy of the notebook page(s) used by the Police in regards to this
traffic stop.
In addition, I would like to requestthe following information.
7) Policies on whether traffic stops are to be carried out on double
yellow lines, or directed to a safer area.
8) If Police policy is to notperform traffic stops on double yellow
lines, what repercussions for the Police involved were.
Details of traffic stop:
Bus rego GQU11, metlink bus no 4188
Location, Mirimar ave between Shelly Bay Road and Maupuia Road, towards
Maupuia Road. Double yellow lines along the entire segment of road between
the two cross roads.
Police vehicle rego HSM175, lights flashing, no siren.
Yours faithfully,
Hugh Davenport
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===============================================================
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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2. mailto:[FYI request #9613 email]
3. mailto:[FYI request #9613 email]
4. mailto:[New Zealand Police request email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers
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From: Hugh Davenport
Dear New Zealand Police,
I've noticed that it took several weeks to get "forwarded to the appropriate department". I remind you that as I placed the request on February 18th, and the due date for this is March 18th, which is next Monday. Delay in handling internally at NZ Police is not my fault.
Yours faithfully,
Hugh Davenport
New Zealand Police
Dear Hugh
Request for Information
I refer to your correspondence dated 18/02/2019 in which you requested "I
would like to request the following information about a traffic stop in
Miramar, Wellington on the 17th Feb 2019. Details below.
1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus had any prior driving behaviour reports
known by the Police
5) The names and/or badge numbers of the Police involved with the traffic
stop (one male, one female, unknown rank or badge number).
6) A copy of the notebook page(s) used by the Police in regards to this
traffic stop.
In addition, I would like to request the following information.
7) Policies on whether traffic stops are to be carried out on double
yellow lines, or directed to a safer area.
8) If Police policy is to not perform traffic stops on double yellow
lines, what repercussions for the Police involved were.
Details of traffic stop:
Bus rego GQU11, metlink bus no 4188".
The purpose of this letter is to notify you that Police require an
extension of time in which to respond to your request, pursuant to section
15A(1) of the Official Information Act 1982, because the request
necessitates a search through a large quantity of information and
consultations such that a proper response to the request cannot reasonably
be made within the original time limit.
Police require until 18/04/2019 to provide a substantive response to your
request.
You have the right to complain to the Office of the Ombudsman about this
extension.
Kind Regards
Barry Billows
Snr. Constable
BBE574
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[1][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
===============================================================
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
1. mailto:[email address]
hide quoted sections
New Zealand Police
Dear Hugh
Request for Information
I refer to your correspondence dated 18/02/2019 in which you requested "I
would like to request the following information about a traffic stop in
Miramar, Wellington on the 17th Feb 2019. Details below.
1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus had any prior driving behaviour reports
known by the Police
5) The names and/or badge numbers of the Police involved with the traffic
stop (one male, one female, unknown rank or badge number).
6) A copy of the notebook page(s) used by the Police in regards to this
traffic stop.
In addition, I would like to request the following information.
7) Policies on whether traffic stops are to be carried out on double
yellow lines, or directed to a safer area.
8) If Police policy is to not perform traffic stops on double yellow
lines, what repercussions for the Police involved were.
Details of traffic stop:
Bus rego GQU11, metlink bus no 4188".
I have considered your request in accordance with the Official Information
Act 1982. I enclose a copy of some of the requested information. Some
information has been withheld pursuant to sections:
* Section 6(c) to avoid prejudice of the maintenance of the law,
including the prevention, investigation and detection of offences, and
the right to a fair trial;
* Section 9(2)(a) to protect the privacy of natural persons, including
that of deceased natural persons.
The incident to which you refer involving bus number 4188 which occurred
on the 17th February 2019 on Miramar Avenue, was not in fact a traffic
stop as you allege. Police had received a call at about 09:22hrs from the
bus operator advising that an abusive passenger was confronting the bus
driver who had been obliged to pull over and stop for reasons of safety,
and in order to try to get the passenger to alight which they refused to
do. Police attended the call for assistance and once the abusive passenger
had been removed, the bus was able to moved off.
From the time the call for assistance was received by police and the bus
was able to move off 22 minutes had elapsed , that was at 09:44hrs.
On the question of personal records of the bus driver or any other private
individual, these cannot be provided as per the provisions of Section
9(2)(a) above.
The questions surrounding policy have been referred to PNHQ for their
response which should be forthcoming within the extended time frame
previously communicated to you.
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.
Yours sincerely
Barry Billows
Snr. Constable
BBE574
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[1][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
===============================================================
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
1. mailto:[email address]
hide quoted sections
From: Hugh Davenport
Dear New Zealand Police,
Attention Barry Billows
Hi Barry,
Thanks for that.
I believe that you have covered my request for numbers 1, 2 and 3
Just a couple of queries under the information held under Section 9(2)(a). I refer to my request with the following numbers:
4) I hadn't asked for any personal details on the bus driver, rather whether he was known by the Police for any prior dangerous driving. I would not have thought the information about any prior dangerous driving would not breach the privacy of the driver in question. I made no requests for the drivers name/identification or anything that would commonly be refused under s 9(2)(a). Would you be able to revisit your refusal reasoning and decide whether it is actually valid to refuse?
5) Previously, people have asked for names and badge numbers of the Police, and this has been successful, for example at https://fyi.org.nz/request/1733-police-o.... Why is this different in this case. If you would prefer for that not to be public, feel free to email that part to my personal email known to the Police.
In terms of the refusal under Section 6(c), you haven't actually mentioned what was withheld. I am assuming this was part 6 of my original report. Can this please be confirmed?
I believe that my request numbed 7 and 8 are now with PNHQ, and will get a response by the 18th April.
Is that all correct? In future, it would be easier if you corresponded your refusals and releases to the numbered portions of requests to make it easier for myself and others to consume the information provided satisfactorily.
Yours faithfully,
Hugh Davenport
From: WRIGHT-MCCARTHY, Hannah
New Zealand Police
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Dear Hugh
Please find attached the NZ Police response to your Official Information
Act request.
Ngā mihi
Hannah Wright-McCarthy
Ministerial Services Advisor
Police National Headquarters
E [email address]
[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: Hugh Davenport
Dear WRIGHT-MCCARTHY, Hannah,
Thanks for that. It appears there is an attachment missing. I remind the Police that this is almost 2 months overdue from the original request on 18 February 2019, due on 18 March 2019.
Also, I'm still waiting for a response on my query on points 4 and 5, made on March 18, 2019, due on 15 April 2019. I note today is 10 May 2019 which is almost a month overdue.
I would appreciate a prompt response on both the attachment mentioned, and the queries to point 4 and 5. I remind the Police that they are not above the law, and the Ombudsman will be informed if I do not receive this promptly.
Yours sincerely,
Hugh Davenport
From: WRIGHT-MCCARTHY, Hannah
New Zealand Police
Dear Hugh
My apologies.
Please find attached the attachment mentioned.
Ngā mihi
Hannah Wright-McCarthy
Ministerial Services Advisor
Police National Headquarters
E [email address]
-----Original Message-----
From: Hugh Davenport [mailto:[FYI request #9613 email]]
Sent: Friday, 10 May 2019 4:07 p.m.
To: WRIGHT-MCCARTHY, Hannah <[email address]>
Subject: Re: Official Correspondence from NZ Police
Dear WRIGHT-MCCARTHY, Hannah,
Thanks for that. It appears there is an attachment missing. I remind the Police that this is almost 2 months overdue from the original request on 18 February 2019, due on 18 March 2019.
Also, I'm still waiting for a response on my query on points 4 and 5, made on March 18, 2019, due on 15 April 2019. I note today is 10 May 2019 which is almost a month overdue.
I would appreciate a prompt response on both the attachment mentioned, and the queries to point 4 and 5. I remind the Police that they are not above the law, and the Ombudsman will be informed if I do not receive this promptly.
Yours sincerely,
Hugh Davenport
-----Original Message-----
Dear Hugh
Please find attached the NZ Police response to your Official Information Act request.
Ngā mihi
Hannah Wright-McCarthy
Ministerial Services Advisor
Police National Headquarters
E [email address]
[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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #9613 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.
-------------------------------------------------------------------
hide quoted sections
From: Hugh Davenport
Dear WRIGHT-MCCARTHY, Hannah,
Thanks Hannah, I would still be interested in the responses to my 2 other queries. I understand you might be a different department, but if you could send it to the right place that would be appreciated as generally the main email contact for Police is not that responsive.
Yours sincerely,
Hugh Davenport
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