Police Offence Code "2Z Other Service Request/Response" and use of "Cleared, Offender"I
Amy S Van Wey Lovatt (Account suspended) made this Official Information request to New Zealand Police
The request was partially successful.
From: Amy S Van Wey Lovatt (Account suspended)
Dear New Zealand Police,
I am writing pursuant to the OIA.
Request 1:
I request documents or information as to the meaning and usage of NZ Police offence code "2Z Other Service Request/Response". The only information I can find is in reference to the Memorandum of Understanding between the Serious Fraud Office and the NZ Police, under schedule 3: https://www.sfo.govt.nz/file/189.
According to the MOU, the offence of 2Z is only linked to the suspect after an arrest is made.
Request 2:
I also request documents as to the meaning of "cleared, offender" in NZ Police case summary files. It is my understanding that this term may only be used in the event that:
(1) an arrest has been made;
AND
(2) charges have been filed;
AND
(3) the matter was referred to prosecution.
According to the NZ National Recording Standards, states in clause 1.5.1. Use of Offender Identified: "Signifies Police took action against an offender."
The NZ National Recording Standards also states:
1.8.3 Recording of Offenders
What to Record
A person or organisation must be linked as the offender for an Offence when:
• Police gather the evidence required and take an action against that person or
organisation and;
• Police locate and advise the offender they will be recorded by Police as being
responsible for Offence
• A ‘clearance’ has been entered (which automatically creates the ‘cleared offender’
link and ensures the offence shows on the offending and warning history screens in
NIA)
A person or organisation must not be linked as the offender for an Offence when:
• no action is taken against that person or organisation, or
• the person has not been advised that they will be recorded by Police as being
responsible for the Offence
• it has been determined there was no offence. Update their link to ‘other’ with an
explanation for the update documented in the narrative
• A person or organisation must not be linked as an offender to an Incident or a Task.
You may access the National Recoding Standards here: https://www.police.govt.nz/sites/default...
Thus, I'm quite troubled to find that the NZ Police are linking people to offences that (1) they did not commit, (2) the police have no evidence of the alleged offence, (3) that the police have taken no action against, (4) the police have never informed the alleged offender they will be recorded by Police as being responsible for an offence, and (5) the policed have not arrested, charged or prospected.
Request 3: Whom do individuals contact to have their Police records cleared when they have been linked to an offence (1) they did not commit, (2) the police have no evidence of, (3) the police have taken no action against, (4) the police have never informed the alleged offender they would be recorded by Police as being responsible for an offence, and (5) the policed have not arrested, charged or prospected them for the alleged offence.
I request that all information be submitted through FYI.org.nz, and preferably in a searchable format.
Yours faithfully,
Amy S Van Wey Lovatt
New Zealand Police
Tēnā koe Ms Van Wey Lovatt
I acknowledge receipt of your Official Information Act (OIA) request
below, received by NZ Police on 10 March 2021.
Your request is being actioned pursuant to the OIA.
You can expect a response to your request on or before 9 April 2021.
Ngā mihi
Fiona
Ministerial Services
PNHQ
-----"Amy S Van Wey Lovatt"
<[FOI #14898 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Amy S Van Wey Lovatt"
<[FOI #14898 email]>
Date: 10/03/2021 01:50PM
Subject: [EXTERNAL] Official Information request - Police Offence Code "2Z
Other Service Request/Response" and use of "Cleared, Offender"I
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Dear New Zealand Police,
I am writing pursuant to the OIA.
Request 1:
I request documents or information as to the meaning and usage of NZ
Police offence code "2Z Other Service Request/Response". The only
information I can find is in reference to the Memorandum of Understanding
between the Serious Fraud Office and the NZ Police, under schedule 3:
[1]https://www.sfo.govt.nz/file/189.
According to the MOU, the offence of 2Z is only linked to the suspect
after an arrest is made.
Request 2:
I also request documents as to the meaning of "cleared, offender" in NZ
Police case summary files. It is my understanding that this term may only
be used in the event that:
(1) an arrest has been made;
AND
(2) charges have been filed;
AND
(3) the matter was referred to prosecution.
According to the NZ National Recording Standards, states in clause 1.5.1.
Use of Offender Identified: "Signifies Police took action against an
offender."
The NZ National Recording Standards also states:
1.8.3 Recording of Offenders
What to Record
A person or organisation must be linked as the offender for an Offence
when:
• Police gather the evidence required and take an action against that
person or
organisation and;
• Police locate and advise the offender they will be recorded by Police as
being
responsible for Offence
• A ‘clearance’ has been entered (which automatically creates the ‘cleared
offender’
link and ensures the offence shows on the offending and warning history
screens in
NIA)
A person or organisation must not be linked as the offender for an Offence
when:
• no action is taken against that person or organisation, or
• the person has not been advised that they will be recorded by Police as
being
responsible for the Offence
• it has been determined there was no offence. Update their link to
‘other’ with an
explanation for the update documented in the narrative
• A person or organisation must not be linked as an offender to an
Incident or a Task.
You may access the National Recoding Standards here:
[2]https://www.police.govt.nz/sites/default...
Thus, I'm quite troubled to find that the NZ Police are linking people to
offences that (1) they did not commit, (2) the police have no evidence of
the alleged offence, (3) that the police have taken no action against, (4)
the police have never informed the alleged offender they will be recorded
by Police as being responsible for an offence, and (5) the policed have
not arrested, charged or prospected.
Request 3: Whom do individuals contact to have their Police records
cleared when they have been linked to an offence (1) they did not commit,
(2) the police have no evidence of, (3) the police have taken no action
against, (4) the police have never informed the alleged offender they
would be recorded by Police as being responsible for an offence, and (5)
the policed have not arrested, charged or prospected them for the alleged
offence.
I request that all information be submitted through FYI.org.nz, and
preferably in a searchable format.
Yours faithfully,
Amy S Van Wey Lovatt
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New Zealand Police
Kia ora Amy
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 10 March 2021.
Kind regards, Michelle
Ministerial Services PNHQ
===============================================================
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
New Zealand Police
Kia ora Amy
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 10 March 2021.
Kind regards, Michelle
Ministerial Services PNHQ
===============================================================
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
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