Fleeing Driver and Urgent Duty Driving Policies
Thomas Holmes made this Official Information request to New Zealand Police
The request was successful.
From: Thomas Holmes
Dear New Zealand Police,
I have been informed that the fleeing driver policy has recently changed and pursuits are now only commenced if another offence has been committed.
In light of this, I am requesting the following documents:
- Fleeing Driver Policy (latest version as of 29 April 2020); and
- Urgent Duty Driving Policy (latest version as of 29 April 2020); and
- Any internal emails, documents, meeting minutes, etc. related to the changes in the fleeing driver policy.
For the purposes of the Official Information Act, I am a citizen, and currently reside in, New Zealand.
Yours faithfully,
Thomas Holmes
New Zealand Police
Dear Mr Holmes
I acknowledge receipt of your Official Information Act (OIA) request,
received by NZ Police on 29 April 2020.
As you are aware, Police are needing to redeploy staff in the face of
unprecedented circumstances as we respond to Covid-19. This will have a
severe impact on our ability to respond to requests for information under
the OIA in a timely fashion. We will do our best to respond to you as soon
as we can.
Thank you for your understanding.
Kind regards
Ministerial Services
PNHQ
-----"Thomas Holmes" <[FYI request #12732 email]>
wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Thomas Holmes" <[FYI request #12732 email]>
Date: 29/04/2020 07:57PM
Subject: Official Information request - Fleeing Driver and Urgent Duty
Driving Policies
Dear New Zealand Police,
I have been informed that the fleeing driver policy has recently changed
and pursuits are now only commenced if another offence has been committed.
In light of this, I am requesting the following documents:
- Fleeing Driver Policy (latest version as of 29 April 2020); and
- Urgent Duty Driving Policy (latest version as of 29 April 2020); and
- Any internal emails, documents, meeting minutes, etc. related to the
changes in the fleeing driver policy.
For the purposes of the Official Information Act, I am a citizen, and
currently reside in, New Zealand.
Yours faithfully,
Thomas Holmes
-------------------------------------------------------------------
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From: Thomas Holmes
Dear New Zealand Police,
I am aware that the current situation will result in a delay in responding to this request.
However, given that this request is due by 27 May, please provide a estimate of when this request will be responded to.
Yours faithfully,
Thomas Holmes
New Zealand Police
Kia ora Thomas
Thank you for your understanding.
I have followed-up regarding your request and have been provided with an
update.
IR-01-20-11722 is currently in the final stages of review and will be
released to you as soon as possible.
Kind regards
Ministerial Services
PNHQ
-----"Thomas Holmes" <[FYI request #12732 email]>
wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Thomas Holmes" <[FYI request #12732 email]>
Date: 25/05/2020 01:27PM
Subject: Re: OIA Request Acknowledgement IR-01-20-11722 - Fleeing Driver
and Urgent Duty Driving Policies
Dear New Zealand Police,
I am aware that the current situation will result in a delay in responding
to this request.
However, given that this request is due by 27 May, please provide a
estimate of when this request will be responded to.
Yours faithfully,
Thomas Holmes
show quoted sections
From: Thomas Holmes
Dear New Zealand Police,
It has now been a further three weeks since your last update.
By law, this request should have been responded to promptly and by May 27, 2020.
I look forward to receiving the requested information within a timely manner.
Yours faithfully,
Thomas Holmes
New Zealand Police
Tena koe Thomas
Please see attached your OIA response received by NZ Police 29/04/2020.
Please accept our apologies for the delay.
Kind regards
Rikki-Lee
Ministerial Services
PNHQ
===============================================================
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subject to the provisions of section 50 of the Policing Act 2008, which
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Mark Hanna left an annotation ()
If it's useful to you, Police released their Fleeing Driver Policy (all versions from 18 October 2010 up to what was then current) to me on March 19 2018: https://fyi.org.nz/request/7257-police-p...
They also released their Urgent Duty Driving Policy to Thomas Holmes on 13 November 2017: https://fyi.org.nz/request/6699-police-d...
I don't know if these versions of those policies are still in use.
Thomas Holmes left an annotation ()
Definitely interesting as I have had multiple frontline officers inform me that the policy has changed...
I’ll be making a complaint to the Ombudsman about this.
It can be added to the list of other complaints I have before the Ombudsman regarding Police handling of OIA requests.
From: Thomas Holmes
Dear New Zealand Police,
Thank you for your response.
Although I understand the reason for withholding point three as it does not exist, you have also failed to provide the relevant documents as specified in points one and two.
I requested the latest version of these documents as of the date I made my request.
Whether or not the policies had been updated has no bearing on the outcome of those two points and the policies should have been provided.
Yours faithfully,
Thomas Holmes
From: CAMPBELL, Hannah
New Zealand Police
image001.png
10K
Download
HOLMES Thomas IR 01 20 11722 Fleeing driver policy.pdf
158K
Download
View as HTML
HOLMES Thomas IR 01 20 11722 Urgent Duty Driving.pdf
94K
Download
View as HTML
Tēnā koe Thomas
Thank you for your email.
Please accept our apologies for the misinterpretation of your request. The
requested documents have been attached for your reference.
Ngā mihi
Hannah
Hannah Campbell
Information Officer
National Road Policing Centre l New Zealand Police
E [1][email address]
Police National Headquarters, 180 Molesworth Street, PO Box 3017,
Wellington, 6140, New Zealand
[2]wordmark transparent
To: "OIA/LGOIMA requests at New Zealand Police"
<[3][New Zealand Police request email]>
From: "Thomas Holmes" <[4][FYI request #12732 email]>
Date: 25/06/2020 01:35PM
Subject: Re: OIA Response - IR-01-20-11722
Dear New Zealand Police,
Thank you for your response.
Although I understand the reason for withholding point three as it does
not exist, you have also failed to provide the relevant documents as
specified in points one and two.
I requested the latest version of these documents as of the date I made my
request.
Whether or not the policies had been updated has no bearing on the outcome
of those two points and the policies should have been provided.
Yours faithfully,
Thomas Holmes
show quoted sections
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Mark Hanna left an annotation ()
Clearly Police's unlawful delay of 19 working days is unlawful and unacceptable, but I'm surprised that they've also failed to release some of the information you requested despite not providing a reason for it being withheld.
You requested that Police release the Fleeing Driver Policy and the Urgent Duty Driving Policy. Even if part of the background to your request was inaccurate, Police should not have failed to release this information to you unless they could provide a reason for it to be withheld. Rather, they should have consulted with you to tell you the policies have not changed and then ask if you would like to withdraw these parts of your request.
Section 18(e) is only applicable to part 3 of your request.
It's also disappointing that Police have chosen to provide their response letter to you as an inaccessible image-based PDF. They have the technology to provide accessible responses to OIA requests, and should be using it consistently.
I would recommend you lay a complaint with the Ombudsman regarding Police's failure to provide a decision on parts 1 and 2 of your request.
Link to this