National Criminal Investigation Group
Police National Headquarters
180 Molesworth Street, PO Box 3017, Wellington 6140
Phone +64 4 474 9499 Fax +64 4 499 2152
26
November
2012
AFS:
12/143/9
Joshua Grainger
Reply to:
[FYI request #632 email]
Dear Mr Grainger
Re: Official Information Act Request
I am writing in reply to your request for information received via email dated 29 October 2012.
You have sought the following:
I would like to request under the Official Information Act some information about Police
getting customer information from companies in three different sectors: cellular providers,
internet service providers, and banks. I would like to request:
1. Any manuals, policies, instructions, or other such informative documents dealing with
requesting customer information from companies in any of the three highlighted
sectors. It is hard to judge from the titles, but I believe police manuals that may deal
with this may include (although please do not restrict my request to just these
documents) :
a. Disclosing personal and official information
b. Forensic - Electronic crime
c. Intel - Intelligence for investigations
d. Introduction to finance policies
e. Mobile
phones
f. Request for information – description
g. Search without Warrant
h. Search
2. If it is not revealed in the answer to 1, a list of which companies in the three
highlighted sectors, restricted to those which operate in New Zealand, have over the
last three years:
a. have gave Police more often than not customer information without a warrant
b. have sometimes given the Police customer information without a warrant
c. have never given the Police customer information without a warrant
3. The form letter or document for requesting customer information from companies in
these three sectors. If no form letter exists then I would like to request the letters sent
to ANZ, Westpac, and BNZ requesting information during the Dotcom investigation.
If any documents are to be withheld from request one I would wish to know the
titles/subject matter and dates of them.
Page 1 of 2
Responses
In respect of question one; Police obtain information from a range of companies, including
Telecommunication Providers (cellular and ISP’s) and banks, when investigating crimes.
Some of that information will include customer specific information.
Police have formal agreements with two telecommunication providers and all the major New
Zealand banks. Where no formal agreement exists, Police follow the principles of the Privacy
Act and the legal requirements of the Search & Surveillance Act.
Police use Production Orders under the Search and Surveillance Act to access information
from companies. I have attached a copy of our Police manual in respect of Production
Orders. Police employees are advised that all requests for information must comply with the
provisions of the Privacy Act exemptions, or be sought under a Court issued Production
Order.
I have identified four documents which are being withheld because they are sensitive.
Therefore that part of your request is refused pursuant to s6(c) Official Information Act as the
making available of the information would be likely to prejudice the maintenance of the law
including the prevention, investigation and detection of offences and the right to a fair trial.
Those documents are:
Agreement between Vodafone New Zealand Limited and the NZ Police
Agreement between Telecom New Zealand Limited and the NZ Police
Letter of Agreement between the New Zealand Bankers Association and NZ Police
Electronic interception Police Manual chapter.
In respect of question two, police do not collect data on what companies do or do not provide
information in response to police requests. Therefore your request to provide a list of such
companies is refused pursuant to Section 18(e) of the Official Information Act because the
information does not exist.
In respect of your third question I have attached a copy of the generic information request
form used for requests pursuant to the Privacy Act. This form also accompanies any request
involving a Production Order.
If you are not satisfied with the response to your request, you have the right to refer the
matter to the Office of the Ombudsmen.
Yours sincerely
P Berry
Acting National Crime Manager
Page 2 of 2
