Printed from https://fyi.org.nz./request/20978-refined-request-anpr-alert-s-lawfulness-operation-hiking-documents-northland-covid-women?unfold=1 on November 16, 2024 08:53

(Refined Request) ANPR alert's lawfulness? - Operation HIKING Documents (Northland COVID Women)

M B made this Official Information request to New Zealand Police

The request was successful.

From: M B

Dear New Zealand Police,

On 27/10/2022 I received a blanket refusal of several outstanding OIA requests related to ANPR surveillance under s18(f) - substantial collation or research: https://fyi.org.nz/request/20598/respons...

I have refined my request as follows.

CONTEXT:
In the recent OIA response related to Operation HIKING on page 344 it is stated that the "stolen" NIA alert for women's vehicle was entered on 14/10/2021 at 8.12 am. On page 201 it is then stated that "stolen [redacted] removed from vehicle by detective Murray Spiers" on 29/10/2021 (14 days later?): IR-01-22-6730 https://www.documentcloud.org/documents/...

The effect of entering a stolen alert in the NIA was that the women would be subject to real time ANPR alerts across all ANPR platforms including Mobile ANPR (Police Cars), Static Police Cameras, Auror & vGRID. As stated by the Police Manual Chapter on ANPR, real time alerts require a tracking warrant (https://www.police.govt.nz/about-us/publ...).

In response to several media requests in September 2022, the Police stated that
this alert was "lawful" due to the public health risks. Presumably the police are referring to their emergency warrantless tracking device use authority under to the s 48(2)(b) of the search and surveillance act, relying on s 14(2)(b): a risk to life or safety that requires an emergency response.

REQUEST:
1. all available information on what statutory power did the police exercise to track the women via ANPR?
2. all available information on how many hours the 'stolen' alert was on the women's vehicle?
3. If the authority for tracking the women was derived from the Search and Surveillance act s 48 (emergency powers to use the tracking device), was a report by s 60 provided to a judge?
4. If so, please provide a redacted copy.
5. if there were multiple vehicles listed as 'stolen' please provide the above information for each.

Yours faithfully,
Mason.

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From: M B

Dear New Zealand Police,

I have not received an acknowledgment email. Please confirm that this request is processing.

Yours faithfully,
Mason.

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From: Ministerial Services
New Zealand Police

Tēnā koe Mason

I acknowledge receipt of your Official Information Act 1982 (OIA) request, received by Police on 30 October 2022.

I apologise for the late acknowledgement of your OIA, but I can confirm that your request is being processed and we are endeavouring to provide this to you as soon as possible.

Your reference number is IR-01-22-34038.

You can expect a response to your request on or before 25 November 2022 unless an extension is needed.

Ngā mihi
Catherine
Ministerial Services
Police National Headquarters

-----Original Message-----
From: M B <[FOI #20978 email]>
Sent: Tuesday, 22 November 2022 8:15 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Re: Official Information request - (Refined Request) ANPR alert's lawfulness? - Operation HIKING Documents (Northland COVID Women)

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,

I have not received an acknowledgment email. Please confirm that this request is processing.

Yours faithfully,
Mason.

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From: IR.Northern
New Zealand Police

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Hi Mason

 

Please find attached a letter advising that Police require further time
for consultation in the preparation of a response to your request.

 

Police will endeavour to get the response to you as soon as possible prior
to the extended deadline.

 

Ngâ mihi nui | Kind regards

 

L Cleaver

Project Officer – Service Group

Northern Information Request Team
Service Delivery | New Zealand Police | Nga Pirihimana O Aotearoa | Email:
[email address]|

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From: IR.Northern
New Zealand Police

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Hi Mason

 

Thank you for your patience.

 

Please find attached Polices response to your request.

 

Ngâ mihi nui | Kind regards

 

L Cleaver

Senior Project Officer – Service Group

Northern Information Request Team
Service Delivery | New Zealand Police | Nga Pirihimana O Aotearoa | Email:
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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
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error, please email or telephone the sender immediately

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From: M B

Dear IR.Northern,

Can you please identify what subsection under section 71A of the Health Act 1956 the Police purportedly exercised to authorize these two live alerts? If it was a power of assistance under s 70, can you please identify which one.

My understanding of these specific alerts was that they were recorded in the stolen VOI subset of the NIA to allow for automatic transmission to Auror and vGRID, due to vGRID's lack of 'active detection capability' at the time. Hence the ordinary portal within the ANPR applications for including sufficient information for the third party to make a decision on IPP11 was available.

If IPP11 was citied in a request to Auror and vGRID, did they receive an opportunity to consider the information request prior to releasing data or was it an automated process? Can you please provide the documentation surrounding this transact including the request and its communication.

Yours sincerely,
Mason.

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M B left an annotation ()

Police have acknowledged this follow up request via a direct email.

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From: FAYLONA, Charina (Chi)
New Zealand Police

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Kia ora,

 

We refer to your request for information and now attach Police response
letter of explanation.

 

Kind regards,

 

Kind regards,

 

Northern Region Information Requests | Service Group

 

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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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Also note, the views expressed in this message may not necessarily reflect
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From: FAYLONA, Charina (Chi)
New Zealand Police

FAYLONA, Charina (Chi) would like to recall the message, "IR-01-23-10510 Information request response".
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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.
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From: IR.Northern
New Zealand Police

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Kia ora,

 

We refer to your request for information and now attach Police response
letter of explanation.

 

Kind regards,

 

Kind regards,

 

Northern Region Information Requests | Service Group

 

P  105
E  [1][email address]

 

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===============================================================

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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From: FAYLONA, Charina (Chi)
New Zealand Police

FAYLONA, Charina (Chi) would like to recall the message, "IR-01-23-10510 Information request response".
===============================================================
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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