National Criminal Investigations Group
Police National Headquarters
180 Molesworth Street, PO Box 3017, Wellington 6011
Phone +64 4 474 9499 Fax +64 4 4736830
26 November 2014
Mr Alex Harris
[email address]
Dear Mr Harris
REQUEST FOR POLICE INSTRUCTIONS ON SPARK (TELECOM) INQUIRIES
AND VODAFONE PROTOCOL
(OMBUDSMAN OFFICE FILE: 365982 POLICE FILE: 12/1658/16)
Police has been notified of your complaint and the commencement of initial enquiries
by the Ombudsman under the Official Information Act 1982 (OIA). The complaint
related to the Police refusal to release police instructions entitled “Spark (Telecom)
inquiries” and the “Vodafone protocol” in September 2013 pursuant to section 6(c) of
the OIA.
Police has reconsidered your request, and after consultation with Spark (Telecom)
and Vodafone, determined that it is not necessary to continue to withhold these
chapters, although, parts of the chapters will be redacted on the grounds set out
below.
The Vodafone Protocol is attached with redactions as follows:
1.
Information contained in paragraph 1.7 (definition of Customer
telecommunications information), Part 3: Protocol two and Schedule 1:
Services offered under agreement, is withheld pursuant to section 6(c) of the
OIA because release of that information would prejudice the maintenance of
the law, including the prevention, investigation and detection of offences;
2. Information contained in paragraphs 4.3 and 4.8 of Part 4: Protocol three,
Schedule 5: Contact details and Schedule 6: Service level agreement, is
withheld pursuant to section 9(2)(a) to protect the privacy of natural persons
and section 6 C of the OIA as it contains confidential contact details not
publicly known; and
3. Information contained in paragraphs 1.16, 1.17 and 1.18, is withheld pursuant
to section 9(2)(b) of the OIA as it is likely to unreasonably prejudice the
commercial position of the parties.
The police instruction entitled “Spark (Telecom) inquiries” is attached with redactions
as follows:
4. Information contained on page 1, is withheld pursuant to sections 6(c) and
9(2)(a) of the OIA as it contains confidential contact details not publicly known.
I trust that the information provided satisfies your request. A copy of this letter and
attachments will be forwarded to the Office of the Ombudsman.
Yours faithfully
Detective Inspector Paul Berry
PNHQ