No Arms Item Declaration and the Firearms Registry
J Dough made this Official Information request to New Zealand Police
Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: J Dough
Dear New Zealand Police,
The NZ Police Firearms Safety Authority website page (https://www.firearmssafetyauthority.govt...) mentions a "No Arms Items Declaration".
However, this page does not list the information required to be provided for this "No Arms Items Declaration".
Can the New Zealand Police provide a copy of the text of a "No Arms Items Declaration".
Can they also provide a copy of all legal advice linked to the "No Arms Items Declaration", especially the legal requirement for every item of information to be captured in the "No Arms Items Declaration". This must reference each piece of information to the legislation.
Can you confirm the full list of all possible methods that a person can use to update the Registry, including, but not limited to a "No Arms Item Declaration".
From the Arms Act 1983 Section 94(2):
(b) any other information that the Commissioner considers necessary or desirable—
(i) to ensure that the registry is complete and accurate; or
(ii) for the administration of this Act and regulations made under it; and
(c) any other photographs that the Commissioner considers necessary or desirable.
Can you provide the document / letter or similar, signed by the Commissioner, which covers what this "other information" and "any other photographs" are.
Can you provide a full list of all data fields in the Registry for a person, their firearm(s), their address(s), their licence(s) and any other data that links back to any of these data objects (i.e. person, firearm(s), licence(s), etc.). Include for each field if the data is mandatory or if it is optional.
Is the information which is held in the Firearms Registry covered by the Official Information Act 1982? This includes the ability for a firearms licence holder (current, suspended, revoked or any other status) to request a copy and to be able to request corrections? If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Does the Privacy Act 2020 and the Privacy Principles, as documented by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...) apply to this information. If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Regulation 45(b) of the Arms Regulations 1992 includes the phrase "when the Commissioner makes the capability available". Is this capability available now? If not, when will this be available? Are there any possible reasons for when the Commissioner may make it not available?
If the Commissioner is to make the capability not available, does this overide the ability to request information under Section 12 of the Official Information Act 1983 or any other part of the Official Information Act 1983? Please provide all legal advice if it does override the Official Information Act 1983 in any way.
As per Section 12 of the Official Information Act 1982 I can confirm that I am entitled to make requests under this Act as I satisfy criteria as listed in Section 12(1) as being someone who may make requests under the Act, which includes residing in New Zealand.
All information should be shared via the FYI.org.nz website (as per the guidance on https://fyi.org.nz/body/new_zealand_police).
Yours faithfully,
J Dough
From: Ministerial Services
New Zealand Police
Tçnâ koe
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 16 May 2024.
Your reference number is IR-01-24-16 May 2024.
You can expect a response to your request on or before 14 June 2024 unless an extension is needed.
Ngâ mihi
Lisa
Ministerial Services
Police National Headquarters
-----Original Message-----
From: J Dough <[FOI #26843 email]>
Sent: Thursday, 16 May 2024 5:32 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - No Arms Item Declaration and the Firearms Registry
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,
The NZ Police Firearms Safety Authority website page (https://www.firearmssafetyauthority.govt...) mentions a "No Arms Items Declaration".
However, this page does not list the information required to be provided for this "No Arms Items Declaration".
Can the New Zealand Police provide a copy of the text of a "No Arms Items Declaration".
Can they also provide a copy of all legal advice linked to the "No Arms Items Declaration", especially the legal requirement for every item of information to be captured in the "No Arms Items Declaration". This must reference each piece of information to the legislation.
Can you confirm the full list of all possible methods that a person can use to update the Registry, including, but not limited to a "No Arms Item Declaration".
From the Arms Act 1983 Section 94(2):
(b) any other information that the Commissioner considers necessary or desirable—
(i) to ensure that the registry is complete and accurate; or
(ii) for the administration of this Act and regulations made under it; and
(c) any other photographs that the Commissioner considers necessary or desirable.
Can you provide the document / letter or similar, signed by the Commissioner, which covers what this "other information" and "any other photographs" are.
Can you provide a full list of all data fields in the Registry for a person, their firearm(s), their address(s), their licence(s) and any other data that links back to any of these data objects (i.e. person, firearm(s), licence(s), etc.). Include for each field if the data is mandatory or if it is optional.
Is the information which is held in the Firearms Registry covered by the Official Information Act 1982? This includes the ability for a firearms licence holder (current, suspended, revoked or any other status) to request a copy and to be able to request corrections? If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Does the Privacy Act 2020 and the Privacy Principles, as documented by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...) apply to this information. If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Regulation 45(b) of the Arms Regulations 1992 includes the phrase "when the Commissioner makes the capability available". Is this capability available now? If not, when will this be available? Are there any possible reasons for when the Commissioner may make it not available?
If the Commissioner is to make the capability not available, does this overide the ability to request information under Section 12 of the Official Information Act 1983 or any other part of the Official Information Act 1983? Please provide all legal advice if it does override the Official Information Act 1983 in any way.
As per Section 12 of the Official Information Act 1982 I can confirm that I am entitled to make requests under this Act as I satisfy criteria as listed in Section 12(1) as being someone who may make requests under the Act, which includes residing in New Zealand.
All information should be shared via the FYI.org.nz website (as per the guidance on https://fyi.org.nz/body/new_zealand_police).
Yours faithfully,
J Dough
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This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #26843 email]
Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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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
hide quoted sections
From: Ministerial Services
New Zealand Police
Kia ora
I refer to your request of 16/05/2024 as per the below email.
I have been asked to advise you that Police requires an extension of time in which to respond to your request, pursuant to section 15A(1) of the Official Information Act 1982 (OIA). Specifically, section 15A(1)(a), the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the organisation.
Police requires until 12/07/2024 to provide a substantive response to your request, however we are endeavouring to provide this to you as soon as possible.
You have the right, under section 28(3) of the OIA, to make a complaint to an Ombudsman about this extension. If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [email address]
Kind regards,
Jonelle
Advisor - Ministerial Services Police National Headquarters
-----Original Message-----
From: Ministerial Services
Sent: Friday, 17 May 2024 2:35 pm
To: J Dough <[FOI #26843 email]>
Subject: OIA Acknowledgement IR-01-24-16982
Tçnâ koe
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 16 May 2024.
Your reference number is IR-01-24-16 May 2024.
You can expect a response to your request on or before 14 June 2024 unless an extension is needed.
Ngâ mihi
Lisa
Ministerial Services
Police National Headquarters
-----Original Message-----
From: J Dough <[FOI #26843 email]>
Sent: Thursday, 16 May 2024 5:32 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - No Arms Item Declaration and the Firearms Registry
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,
The NZ Police Firearms Safety Authority website page (https://www.firearmssafetyauthority.govt...) mentions a "No Arms Items Declaration".
However, this page does not list the information required to be provided for this "No Arms Items Declaration".
Can the New Zealand Police provide a copy of the text of a "No Arms Items Declaration".
Can they also provide a copy of all legal advice linked to the "No Arms Items Declaration", especially the legal requirement for every item of information to be captured in the "No Arms Items Declaration". This must reference each piece of information to the legislation.
Can you confirm the full list of all possible methods that a person can use to update the Registry, including, but not limited to a "No Arms Item Declaration".
From the Arms Act 1983 Section 94(2):
(b) any other information that the Commissioner considers necessary or desirable—
(i) to ensure that the registry is complete and accurate; or
(ii) for the administration of this Act and regulations made under it; and
(c) any other photographs that the Commissioner considers necessary or desirable.
Can you provide the document / letter or similar, signed by the Commissioner, which covers what this "other information" and "any other photographs" are.
Can you provide a full list of all data fields in the Registry for a person, their firearm(s), their address(s), their licence(s) and any other data that links back to any of these data objects (i.e. person, firearm(s), licence(s), etc.). Include for each field if the data is mandatory or if it is optional.
Is the information which is held in the Firearms Registry covered by the Official Information Act 1982? This includes the ability for a firearms licence holder (current, suspended, revoked or any other status) to request a copy and to be able to request corrections? If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Does the Privacy Act 2020 and the Privacy Principles, as documented by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...) apply to this information. If the answer to this question is no, in whole or in part, can you provide the legal basis for this, referencing the applicable legislation.
Regulation 45(b) of the Arms Regulations 1992 includes the phrase "when the Commissioner makes the capability available". Is this capability available now? If not, when will this be available? Are there any possible reasons for when the Commissioner may make it not available?
If the Commissioner is to make the capability not available, does this overide the ability to request information under Section 12 of the Official Information Act 1983 or any other part of the Official Information Act 1983? Please provide all legal advice if it does override the Official Information Act 1983 in any way.
As per Section 12 of the Official Information Act 1982 I can confirm that I am entitled to make requests under this Act as I satisfy criteria as listed in Section 12(1) as being someone who may make requests under the Act, which includes residing in New Zealand.
All information should be shared via the FYI.org.nz website (as per the guidance on https://fyi.org.nz/body/new_zealand_police).
Yours faithfully,
J Dough
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #26843 email]
Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
===============================================================
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
hide quoted sections
From: Ministerial Services
New Zealand Police
Tēnā koe
Please find attached the response and documentation relating to your
Official Information Act request, received by Police on 16 May 2024.
Ngā mihi
McCoy
Ministerial Services
Police National Headquarters
===============================================================
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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