Police File on John Banks Investigation
Joshua Grainger made this Official Information request to New Zealand Police
The request was partially successful.
From: Joshua Grainger
Dear New Zealand Police,
According to a letter from the New Zealand Police posted by Trevor Mallard the file regarding the investigation into John Bank's mayoral election return is now closed (http://blog.labour.org.nz/wp-content/upl...).
I would like to request under the Official Information Act a copy of this file.
If any withholding provisions under the OIA apply, I would prefer that partial deletion of information takes place rather than withholding the whole file.
Feel free to contact me if you want me to clarify my request. I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.
Yours faithfully,
Joshua Grainger
From: VAN BEYNEN, Quirinus (Ray)
New Zealand Police
Joshua, please contact me for a couple of points of clarification with
your request.
Ray
QMJ (Ray) Van Beynen
Detective Superintendent
Deputy Director
Organised and Financial Crime Agency New Zealand
+64 4 463 4408 | Extn: 44608 | [mobile number]
===============================================================
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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From: Joshua Grainger
Dear VAN BEYNEN, Quirinus (Ray),
Thanks Ray. Will give you a ring tomorrow afternoon to clarify the request.
Yours sincerely,
Joshua Grainger
From: Joshua Grainger
Dear New Zealand Police,
According to the Ombudsmen's Calculator, the deadline for responding to my request expired on the 30th of August. Can I please have an update on the status of my request?
Yours faithfully,
Joshua Grainger
New Zealand Police
Dear Joshua
I've forwarded your enquiry to the appropriate department.
Kind regards
PUBLIC AFFAIRS TEAM
NZ POLICE
-----Joshua Grainger <[OIA #470 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: Joshua Grainger <[OIA #470 email]>
Date: 02/09/2012 10:10PM
Subject: Re: Official Information Act request - Police File on John
Banks Investigation
Dear New Zealand Police,
According to the Ombudsmen's Calculator, the deadline for
responding to my request expired on the 30th of August. Can I
please have an update on the status of my request?
Yours faithfully,
Joshua Grainger
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #470 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[1]http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
===============================================================
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. http://fyi.org.nz/help/officers
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From: MCMAHON, Teresa
New Zealand Police
Dear Mr Grainger
I refer to your request of 1 August 2012 for the file of the investigation
into John Banks' mayoral election returns.
Police will require until 20 September 2012 to provide a reply. I
apologise for this delay and for failing to notify you of the extension
within the time allowed for under the Official Information Act.
You have the right to complain to the Ombudsman about the delay in
responding to your request.
Teresa McMahon
Police National Headquarters
Wellington
===============================================================
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
From: Joshua Grainger
Dear MCMAHON, Teresa,
May I ask under which ground such an extension is required? The Official Information Act only grants the power to extend the statutory deadline in two sitautions:
s15A(1)(a): "the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department or the Minister of the Crown or the organisation"
s15A(1)(b): "consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit."
It is not specified in your response which of these two factors was the reason for the extention of the time limit, which is required under s15A(4)(b): "The notice effecting the extension shall...give the reasons for the extension".
Yours sincerely,
Joshua Grainger
From: MCMAHON, Teresa
New Zealand Police
Dear Mr Grainger
The grounds for the extension, which is not made pursuant to the Act because it is outside the statutory timeframe, are: the time required to search and collate the information and the consultations required to make a decision on the request.
Teresa McMahon
-----Original Message-----
From: Joshua Grainger [mailto:[OIA #470 email]]
Sent: Tuesday, 4 September 2012 15:52
To: MCMAHON, Teresa
Subject: Re: Your request for the file of the investigation into John Banks' electoral returns
Dear MCMAHON, Teresa,
May I ask under which ground such an extension is required? The
Official Information Act only grants the power to extend the
statutory deadline in two sitautions:
s15A(1)(a): "the request is for a large quantity of official
information or necessitates a search through a large quantity of
information and meeting the original time limit would unreasonably
interfere with the operations of the department or the Minister of
the Crown or the organisation"
s15A(1)(b): "consultations necessary to make a decision on the
request are such that a proper response to the request cannot
reasonably be made within the original time limit."
It is not specified in your response which of these two factors was
the reason for the extention of the time limit, which is required
under s15A(4)(b): "The notice effecting the extension shall...give
the reasons for the extension".
Yours sincerely,
Joshua Grainger
-----Original Message-----
Dear Mr Grainger
I refer to your request of 1 August 2012 for the file of the
investigation
into John Banks' mayoral election returns.
Police will require until 20 September 2012 to provide a reply. I
apologise for this delay and for failing to notify you of the
extension
within the time allowed for under the Official Information Act.
You have the right to complain to the Ombudsman about the delay in
responding to your request.
Teresa McMahon
Police National Headquarters
Wellington
===============================================================
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #470 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
hide quoted sections
From: MCMAHON, Teresa
New Zealand Police
Docs for disclosure.pdf
7.9M
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Ltr Joshua Grainger.pdf
516K
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Dear Mr Grainger
I have been asked to send you the attached response to your information
request.
Teresa McMahon
Police National Headquarters
Wellington
===============================================================
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
From: Joshua Grainger
Dear MCMAHON, Teresa,
Thank you very much for your reply. Given the strong privacy interests I was frankly surprised to get anything at all. I can also see given the amount of information why the delay occurred - I imagine it would take quite a while to assess at least 1183 pages of info!
I do have one request though: would it be possible to receive the titles of the documents that have been withheld in full? If the titles contain information that would be protected, such as the names of witnesses, it would be fine to redact that information, such as "Witness Statement of ████████████."
Yours sincerely,
Joshua Grainger
From: MCMAHON, Teresa
New Zealand Police
Dear Mr Grainger
Police are considering your further request and will be respond in due course.
Teresa McMahon
===============================================================
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
From: MCMAHON, Teresa
New Zealand Police
grainger Joshua 12 143 7 reply.pdf
281K
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grainger Joshua 12 143 7 attachment.pdf
69K
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View as HTML
===============================================================
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
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Joshua Grainger left an annotation ()
It should be noted that the clarification phone call was related to another request I had pending with the police (this one: http://fyi.org.nz/request/organized_crim...). It seems that they just sent it to the wrong email.
Link to this