Police Manual chapters relating to 'No surprises policy'
Mohammed Khan made this Official Information request to New Zealand Police
The request was partially successful.
From: Mohammed Khan
Dear New Zealand Police,
Please release the following information:
1. All versions of the "No surprises policy" Police Manual chapter, including:
1a. The date on which it the version came into effect.
1b. The date on which the version ended.
1c. Whether or not there is a current version of this Police Manual chapter, or if it is no longer in effect.
1d. If this Police Manual chapter is still in effect, its next planned review date.
2. The licence under which this information is released.
3. Have Police personnel been subject to disciplinary action under the "No surprises policy?
If possible, I would prefer that the information be released under the Creative Commons Attribute 4.0 licence (CC BY 4.0) [1], which is recommended under the NZGOAL framework [2]. Cabinet has invited NZ Police to take NZGOAL into account when releasing copyright material and non-copyright material to the public for re-use [3].
Please provide this information in an accessible, searchable format without a watermark.
If any information needs to be withheld from the release, please ensure this is not done in a way that makes the surrounding content (such as other content on the same page) inaccessible.
Yours faithfully,
Mohammed Khan
[1] https://creativecommons.org/licenses/by/...
[2] https://www.data.govt.nz/toolkit/policie...
[3] https://www.data.govt.nz/assets/Uploads/...
From: Ministerial Services
New Zealand Police
Tēnā koe Mohammed
I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 10 September 2022.
Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 7 October 2022
Kind regards, Dylan
Ministerial Services PNHQ
________________________________________
From: Mohammed Khan <[FOI #20509 email]>
Sent: 10 September 2022 13:17
To: Ministerial Services
Subject: [EXTERNAL] Official Information request - Police Manual chapters relating to 'No surprises policy'
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear New Zealand Police,
Please release the following information:
1. All versions of the "No surprises policy" Police Manual chapter, including:
1a. The date on which it the version came into effect.
1b. The date on which the version ended.
1c. Whether or not there is a current version of this Police Manual chapter, or if it is no longer in effect.
1d. If this Police Manual chapter is still in effect, its next planned review date.
2. The licence under which this information is released.
3. Have Police personnel been subject to disciplinary action under the "No surprises policy?
If possible, I would prefer that the information be released under the Creative Commons Attribute 4.0 licence (CC BY 4.0) [1], which is recommended under the NZGOAL framework [2]. Cabinet has invited NZ Police to take NZGOAL into account when releasing copyright material and non-copyright material to the public for re-use [3].
Please provide this information in an accessible, searchable format without a watermark.
If any information needs to be withheld from the release, please ensure this is not done in a way that makes the surrounding content (such as other content on the same page) inaccessible.
Yours faithfully,
Mohammed Khan
[1] https://creativecommons.org/licenses/by/...
[2] https://www.data.govt.nz/toolkit/policie...
[3] https://www.data.govt.nz/assets/Uploads/...
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show quoted sections
From: Ministerial Services
New Zealand Police
Kia ora Mohammed
I need to clarify your OIA request you sent in on 10 September please.
Are you seeking this information under the ‘no surprises policy’ for
Disclosure under the Official Information Act? or the ‘no surprises
policy’ in relation to serious incidents or notifiable matters encountered
by constables in the course of their duty that must be reported? If you
could let me know as soon as possible.
1. All versions of the "No surprises policy" Police Manual chapter,
including:
1a. The date on which it the version came into effect.
1b. The date on which the version ended.
1c. Whether or not there is a current version of this Police Manual
chapter, or if it is no longer in effect.
1d. If this Police Manual chapter is still in effect, its next planned
review date.
2. The licence under which this information is released.
3. Have Police personnel been subject to disciplinary action under the "No
surprises policy?
Ngâ mihi,
Penni
Penni Davenport | Senior Advisor
Ministerial Services | Policy & Partnerships | 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
From: Mohammed Khan
Dear Ministerial Services,
Apologies for the delayed reply- not the policy in regards the OIA at this point, but the part of the police manual regarding on-shift incidents.
Regards,
Mohammed Khan
From: Ministerial Services
New Zealand Police
Tēnā koe Mohammed
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 16 September 2022.
Please accept our apologies for the delay in providing you with this
response.
Ngā mihi
Sarah
Ministerial Services | Police National Headquarters
[1]wordmark transparent
===============================================================
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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Similar requests
Police Manual chapter - Privacy and official information - Disclosure under the Official Information Act 1982 (OIA)
To New Zealand Police by Mark Hanna
Mark Hanna left an annotation ()
"2. The licence under which this information is released.
This is not applicable."
I believe you have grounds to complain to the Ombudsman that NZ Police have not released this information to you in the format that you told them you preferred.
Agencies have an obligation under section 16(2) of the OIA to "make the [requested] information available in the way preferred by the person requesting it" unless one of a small set of specific reasons applies:
"...unless to do so would—
(a) impair efficient administration; or
(b) be contrary to any legal duty of the department or venture or Minister of the Crown or organisation in respect of the document; or
(c) prejudice the interests protected by section 6 or section 7 or section 9 and (in the case of the interests protected by section 9) there is no countervailing public interest."
I don't expect any of these reasons would prevent NZ Police from releasing this information under the CC-BY 4.0 licence you have told them you prefer.
If an agency doesn't release the information in the preferred way, they have a legal obligation under section 16(3)(a) of the OIA to tell the requester the reason why they did not do this.
https://www.legislation.govt.nz/act/publ...
I currently have two complaints with the Ombudsman regarding similar responses from NZ Police, where I've used the same boilerplate to request information about parts of the Police Manual.
Link to this