IR-01-23-19003
28 July 2023
Bruce
fyi-request-2317 4-a073a [email address]
Tena koe Bruce
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 19 June 2023. You
asked for information following a response provided to OIA request IR-01-23-15645.
My response to each part of your request can be found below.
1.
How were the video files shown on 16/02/2022 and 18/11/2021 from the Eagle
chopper given to media organisations? If they were sent by email then that would
presumably have met the criteria of my previous request regarding all
correspondence.
No media agencies made requests to Police regarding the video files shown on 16
February 2022 nor 18 November 2021. The footage referred to was posted by Police at
the time to public facing Police Facebook pages, in which media outlets have previously
extracted copies of videos for their use. Therefore, your request for all correspondence
between media outlets and Police in requesting and releasing the CCTV footage has
been refused under s18(e) of the OIA, that the requested information does not exist.
2.
Have there been requests from media organisations for additional Eagle footage in
the last year?
There have been two requests made in the past year to the Police Media Team.
3.
If so,
who asked for it, and was the footage released? Please supply all
documentation regarding the requests, and any internal correspondence regarding
the release or otherwise of the footage.
17 March 2023: As part of a media enquiry from TVNZ seeking information
about a burglary in Howick they asked for any Eagle footage. It was not
provided.
27 April 2023: Newshub requested Eagle footage from a critical incident that
occurred in Papatoetoe in 2021 that was subject to an IPCA report. It was not
provided.
Please refer to the attached email correspondence regarding these two requests. Some
information has been withheld under s9(2)(a) of the OIA, to protect the privacy of natural
persons.
Police considers the interests requiring protection by withholding the information are not
outweighed by any public interest in release of the information.
Releasing information to the media
Guidelines on releasing information
Police employees must observe the strictest confidentiality in relation to Police business. They
can release information only in so far as:
this satisfies the provisions of any Act or Police instruction
is necessary to the performance of their duty
is within the authority of the Commissioner.
Police employees must not:
criticise Police policy or instructions, the courts or statutes
comment on matters on which the Minister of Police or the Commissioner are likely to have
contrary views
comment on matters that are sub judice
make unfavourable comments about other government departments.
The provisions of the Official Information Act 1982 and the Privacy Act 2020 can be used as a
guide. They apply to all media requests for access to Police files, documents, videos,
photographs, digital recordings and archival material.
Authority to speak to the media
District Commanders are authorised by the Commissioner to speak to the news media and may
authorise local employees, generally or specifically, to speak to journalists about matters within
their areas of responsibility.
Unless otherwise directed by their supervisors, employees in charge of enquiries, operations or
functions may speak to reporters about matters over which they have control.
Police employees authorised to speak on behalf of service organisations should make it clear to
journalists who they are representing.
The Police Media Team
The Police Media Team is on hand to help with any and all media issues.
Media Advisors can assist with drafting responses to media queries, appealing for information
from the public, setting up interviews or media opportunities, and promoting good news stories.
The Police Media Team is based at Police National Headquarters, and operates between 6am and
11pm, seven days a week. To contact call x41222 or [email address]. An Auckland-based
team based provides media support across Tamaki Makaurau and Northland Monday to Friday
from 9am to 5pm.
The Police Media Team also operates an on-call service between 11pm and 6am for major and
significant events requiring urgent communication activity, i.e. major natural disasters.
Independent Police Conduct Authority investigations
The Police Professional Conduct Group at PNHQ will assist with liaising with the Authority. Where
the Authority has, or is likely to have, an interest in an incident, reactive news releases should be
referred to the district commander and Professional Standards prior to release.
The Police Media Team can give advice and help to draft appropriate reactive news releases or
statements.
Districts or business groups responding to IPCA reports should also advise the Police Media Team
and/or DCE: Media and Communications of their intended response as part of the ‘no surprises’
protocol - particularly when there is likely to be criticism of Police. Once notified the Police Media
Team will work with you on a reactive media response.
Details of investigations
Police may on occasion release details about an investigation prior to an arrest if in doing so we
are looking to gain information from the public to assist in the investigation or if we are trying to
provide reassurance to the community. However, statements must be carefully phrased with such
terms as ‘suspected’, ‘believed’ or ‘alleged’.
Using the term 'suspect'
Avoid using the term ‘suspect’ when describing people who may be routinely eliminated from the
enquiry. Do not allow yourself to be dragged into using the term just because the media use it.
When using alternative terms such as ‘person’ or ‘people being investigated’, do not indicate the
actual numbers of people being investigated. As names are eliminated from or added to the list,
any apparently conflicting numbers may create a public perception of confusion. If numbers must
be used at all, give an approximation.
Naming dead people
In order to save relatives from unnecessary shock, the names of people killed in incidents or
accidents must not be released to the news media until the next of kin have been advised. The
next of kin should be told of the need for urgency in informing other members of the family
because of the rapidity with which news is disseminated.
Once notification has been made to the deceased’s family, the deceased’s name should be
released to media as soon as possible. Unnecessary delays in releasing the name of a deceased
can result in media exerting pressure on Police and other emergency services (particularly in
smaller towns or tourist areas) to release unconfirmed identity information. This can lead to
incorrect information being published.
If there is a legitimate reason why Police cannot provide the name of a deceased to the media,
then Police should state the reason for this. Requests from next of kin for withholding the name
of a deceased cannot be granted by Police and the next of kin should be told this.
Giving details of suicides
See the 'Releasing information to the media after a sudden death' chapter for details.
Explaining Police action during tragedies
Sometimes Police must do things that are logical rather than instinctive or that, for some other
reason, are not readily understandable by the public. If the operation has attracted a lot of
attention, you may have to explain why Police acted in the way they did.
This is particularly important in emotional situations such as multiple murders, major disasters
and large-scale demonstrations. Releasing information or Police recordings, or showing exhibits,
may seem undesirable because it would:
offend people’s sensibilities
breach privacy
breach sub judice rules.
However, releasing some information may also:
help explain the Police position
aid the healing process
give the public a tenable way of understanding the tragedy
prevent media harassment of the survivors and their relatives
show the public how they should respond in a situation.
Controlled media access to the scene can also assist in reducing media demands and helping the
public relate to the tragedy.
Any release of material must be in the public interest, and not for entertainment or
‘infotainment’.
The Media Team are available to support the release of information to the media.
Guide on disclosure of personal information
Comments to media which disclose personal information are governed by the Privacy Act 2020.
Unauthorised disclosure of personal information may be in breach of an Information Privacy
Principle as outlined in the Privacy Act 2020 and may result in court action against the Police
(note exceptions in (3) & (4)).
Police must not disclose information that is of a nature that:
could be linked to a specific individual by anyone else (including spouse, family members,
witness, co-offender, victim, etc.)
would tell that person something they did not already know about the individual.
Exceptions for the disclosure of personal information include:
where Police believe on reasonable grounds that disclosure is necessary to avoid prejudice
to the maintenance of law; or
where Police believe that disclosure is necessary to prevent or lessen a serious and
imminent threat to the safety of any person.
Note: These exemptions enable Police to disclose information about cases where public
assistance is sought with an investigation, or to provide descriptions of dangerous escaped
prisoners.
Written consent from the member(s) of the public concerned is required to override Principle II
and enable disclosure of personal information that would otherwise be deemed a breach of the
Privacy Act.
See: 'Privacy and official information' chapter for more detailed information.
Offenders' photographs
Offenders’ photographs should not be released to the media unless there are compelling
reasons. The principle to follow is that there must be an arrest warrant in existence or sufficient
evidence available to charge the person photographed. See 'Wanted person postings' for further
information.
Note: This criterion also applies to 'persons of interest' - for example, people caught on security
cameras engaged in criminal activity.
You must be careful not to disclose photographs that include other people who are not the
offenders as such inadvertent release can cause them considerable grief. If the footage is such
that other people in a photograph cannot be separated from the offenders then every attempt
should be made to disguise their faces.
Important note: Photographs and footage must be removed as quickly as possible from the
Police website and any Police social media forums as soon as the offender or person of
interest has been located.
Interview recordings
Requests for Police interview recordings should be declined. Recordings used in court may
sometimes be released by the court but not by Police. Offenders and their counsel sometimes
also release their copies of interviews after trials are completed.
Amounts of stolen money
Details about amounts of money stolen should not be released unless:
the O/C investigation considers there are valid reasons connected with the investigation to
do so
requested by the O/C for operational reasons
the Fraud and Security branch of the respective bank has been consulted.
Note: If such information is not released, journalists will try to find alternative sources of
information and this can lead to additional work for Police.
Bank staff can be re-victimised and may become concerned for their safety if named following a
bank robbery. Investigators should seek name suppression for victims/witnesses in such
situations should the matter proceed to court.
Further, if investigators wish to release bank CCTV footage, then they must be careful not to
disclose images of staff members or members of the public not involved as offenders. The
inadvertent release of bank staff images can cause them considerable angst. If the footage is
such that the staff member cannot be separated from the offenders’ photo then every attempt
should be made to disguise the staff member’s faces.
Offence statistics
The Evidence Based Policing Centre validates and releases official crime statistics on a monthly
basis. These are made available publicly via [email address]. The Media and Communications
Group, assisted by the Evidence Based Policing Centre, will where required liaise with districts
and business units to develop media comment in response to our official crime statistics that
appropriately captures important national messages.
Interpol-initiated enquiries
Requests from the media for information about Interpol-initiated enquiries should be referred to
the Police Media Team.
To ensure national co-ordination of releases of information, local Police should not provide
progress reports or any other information on enquiries that have originated from the Interpol
Office. Where necessary, local Police carrying out enquiries for Interpol will be advised of
information that may be given to the media.
See the 'Interpol' chapter.
Incidents at prisons
If an incident at a prison warrants a Police investigation, the O/C investigation must advise the
prison’s senior duty officer of the contents of any statement Police propose to make to the
media..
Media access to Police files, documents, videos, photographs and
archival material
The provisions of the Official Information Act and the Privacy Act apply to media requests for
access to Police files, documents, videos, photographs, tape/digital recordings and archival
material.
Requests for information (e.g. video interviews) about matters that have been produced as an
exhibit during criminal proceedings are subject to the Criminal Proceedings (Search of Court
Records) Rules 1974. Such requests must be transferred to the Ministry of Justice pursuant to
section 14 of the Official Information Act 1982 or section 43 of the Privacy Act 2020. The request
must be transferred within 10 working days after the day on which the request was received and
the person who made the request must be advised accordingly.
