Information about an officer who witnessed a driving offence

Hugh Davenport made this Official Information request to New Zealand Police

New Zealand Police did not have the information requested.

From: Hugh Davenport

Dear New Zealand Police,

I would like to request the following information about the video clip available at https://drive.google.com/file/d/1A5GZeVG....

The video clip shows a bus operated by Metlink failing to stop for a red light, which is an offence under Land Transport (Road User) Rule section 3.2 (5). Directly behind the bus was a Police vehicle who did not pursue the offender.

The time of the offence was 17 Oct 2018, 7:37pm. The location was Willis St by Chews Lane, Wellington. The bus route number was route 52. Unfortunately the quality of the camera did not pick up the licence number of either the bus or the Police vehicle. I would imagine that there is staff rosters available to determine what staff were on duty at the time, and also records showing where the staff were at any given time. I would also hope that the Police did infact pursue the offender once safe to do so, and thus there is a case file for the event with all the information requested.

The information requested is:
1) The registration number of the Police vehicle
2) The name and badge numbers of the officers in the Police vehicle
3) Whether they performed a traffic stop of the offender, and if so
a) A full report of that traffic stop
b) Whether the driver of the bus had any prior driving behaviour reports known by the Police
c) A copy of the notebook page(s) used by the Police in regards to this traffic stop.
4) If no traffic stop was performed, then
a) Any follow up with the offender
b) Any Police report about the offence
c) A copy of the notebook page(s) used by the Police in regards to this traffic infringement.

Yours faithfully,

Hugh Davenport

Link to this

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.
 
Information that may assist you is available through the following link:
 
http://www.police.govt.nz/about-us/reque...
   
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
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

Link to this

From: Hugh Davenport

Dear New Zealand Police,

I just received a reply from your noreply address in regards to an OIA request I made on Feb 19 2019. Your response implied that you were not accepting my OIA request, and were instead redirecting me to this page (http://www.police.govt.nz/about-us/reque...) to make a request. I will note that the Ombudsman has given advice that OIA requests can be made in any form and communicated by any
means (see s 12(1AA) of the Official Information Act, and page 3 of the PDF at http://www.ombudsman.parliament.nz/syste...).

As such, please acknowledge that you have received my OIA request and are processing it. In regards to s 12(1) of the OIA, I am a NZ citizen residing in Brooklyn, Wellington. This request was made on Feb 19 2019, and a valid response under the OIA must be sent within 20 working days of the next day. This will mean that a response is required by March 19 2019.

Side note, I have noticed that OIA requests to the NZ Police are quite often ignored, redirected to your online form, or asked to be requested again. Can you please ensure that you have appropriate processes in place for handling OIA requests. You have a legal obligation to do so under the Official Information Act. I should remind you that the NZ Police are not above the law.

Original request (requested on Feb 19 2019, due March 19 2019):
I would like to request the following information about the video clip available at https://drive.google.com/file/d/1A5GZeVG...

The video clip shows a bus operated by Metlink failing to stop for a red light, which is an offence under Land Transport (Road User) Rule section 3.2 (5). Directly behind the bus was a Police vehicle who did not pursue the offender.

The time of the offence was 17 Oct 2018, 7:37pm. The location was Willis St by Chews Lane, Wellington. The bus route number was route 52. Unfortunately the quality of the camera did not pick up the licence number of either the bus or the Police vehicle. I would imagine that there is staff rosters available to determine what staff were on duty at the time, and also records showing where the staff were at any given time. I would also hope that the Police did infact pursue the offender once safe to do so, and thus there is a case file for the event with all the information requested.

The information requested is:
1) The registration number of the Police vehicle
2) The name and badge numbers of the officers in the Police vehicle
3) Whether they performed a traffic stop of the offender, and if so
a) A full report of that traffic stop
b) Whether the driver of the bus had any prior driving behaviour reports known by the Police
c) A copy of the notebook page(s) used by the Police in regards to this traffic stop.
4) If no traffic stop was performed, then
a) Any follow up with the offender
b) Any Police report about the offence
c) A copy of the notebook page(s) used by the Police in regards to this traffic infringement.

Yours faithfully,

Hugh Davenport

Link to this

Hugh Davenport left an annotation ()

This has been noted to the Ombudsman, as I have noticed various other FYI requests with the same response.

Link to this

From: Hugh Davenport

Dear New Zealand Police,

Just a friendly reminder that this request is due by end of March 19th. Your automatic response implies that you may not have sent it on to the relevant team so you may want to do that sooner rather than later. I also will point out that you have received it given the automatic response, and the counter starts from there, and it is not my fault that it was not forwarded to the correct team in a timely manner.

Yours faithfully,

Hugh Davenport

Link to this

New Zealand Police

Dear Hugh

 

Request for Information

 

I refer to your correspondence dated 20/02/2019 in which you requested
"DAVENPORT/Hugh/Norman OIA Request for information concerning the a
Red-Light-Running No. 52 Bus on 17/10/2018, 7:37pm crash in Willis St by
Chews Lane, Wellington".

 

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 20/04/2019 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.

show quoted sections

Link to this

From: Hugh Davenport

Dear New Zealand Police,

Attention Barry Billows

Hi Barry,

Just to make sure you have the request correct, there was no crash as you mentioned in your headline for my request. My request did not mention a crash, only a red light runner that Police witnessed. If there is a crash in your records, then I would love to know about it, but as far as I'm aware there was no crash.

Yours faithfully,

Hugh Davenport

Link to this

New Zealand Police

Dear Hugh

 

Request for Information

 

I refer to your correspondence dated 20/02/2019 in which you requested
"OIA Request for information concerning the a Red-Light-Running No. 52 Bus
on 17/10/2018, 7:37pm crash in Willis St by Chews Lane, Wellington".

 

I have considered your request under the Official Information Act 1982. On
this occasion I refer to Section 18(e) - the information requested does
not exist or cannot be found.
 
The registration number of the police vehicle is very indistinct in the
CCTV footage provided.
 
Police photography section have endeavoured to enhance this number so that
the police vehicle can be identified, unfortunately they have been
unsuccessful in achieving this.
 
As a consequence we have been unable to identify the police vehicle or the
staff involved, and are therefore unable to provide the information you
have requested.
 
In addition as you have already observed, the registration number of the
bus was not clearly evident in the CCTV footage, and as a positive
identification of the bus or its driver cannot be established this matter
too cannot be progressed further.   

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. 

 

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.

show quoted sections

Link to this

From: Hugh Davenport

Dear New Zealand Police,

Hi Barry,

Thanks for that. Shame that the Police can't determine where there staff or vehicles are on a given day. I wonder if the response would have been different if it was a worse crime that the officers witnessed...

Yours faithfully,

Hugh Davenport

Link to this

Things to do with this request

Anyone:
New Zealand Police only: