IR-01-23-37653
13 December 2023
Mr Morris
[FYI request #24877 email]
Dear Mr Morris
Thank you for your Official Information Act 1982 (OIA) request received 26 November
2023, in which you asked:
Is it acceptable/legal for police to record you while you are in the back of police
car without your consent while waiting at the police station to be processed for
drink driving.
There is a difference between questions which can be answered by providing information
already known to and held by an agency (official information) and questions which require
an agency to form an opinion or provide an explanation and so create new information to
answer the request (not official information).
An agency is not obliged to form an opinion or create information to answer an official
information request. Your request is therefore declined as it does not constitute a request
for official information. If you require more information on the issue you have raised it
would be appropriate for you to seek advice from an experienced legal practitioner, such
as Community Law.
If you are not satisfied with the way I have responded to your request, you have the right
to seek an investigation and review by the Ombudsman. Information about how to make
a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Superintendent Steve Greal y
Director: Road Policing
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz