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Dear Mark

 

I acknowledge receipt of your Official Information Act request around
Police use of Tasers and the Police policy around using them.

Your request is being actioned pursuant to the Official Information Act
1982.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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WARNING

The information contained in this email message is intended for the
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are not the intended recipient of this message or have received this
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you have received this message in error, please email or telephone the
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To: OIA/LGOIMA requests at New Zealand Police
<[7][New Zealand Police request email]>
From: Mark Hanna <[8][FOI #8308 email]>
Date: 11/07/2018 09:47AM
Subject: Official Information request - Taser policy compliance

Tēnā koutou,

NZ Police have previous released under the OIA their TASER (Electronic
Control Devices) manual (v9.0 released in January 2017) and tactical
options reporting data containing some information in how tasers are used
by NZ Police.

This TOR data, and media reports of actions such as a taser being
discharged on a youth operating a tractor ( [9] 
https://www.stuff.co.nz/auckland/local-n...
  ), have revealed potential breaches of the TASER (Electronic Control
Devices) manual. I have some questions about how such breaches are
monitored and responded to by NZ Police.

Please release the following information:

1. If the TASER (Electronic Control Devices) manual has been updated since
v9.0 was released in January 2017, please release all subsequent versions
of this document and the dates on which they came into effect.

2. What system(s) does NZ Police use to monitor and investigate potential
breaches of the TASER (Electronic Control Devices) manual or other misuses
of a taser?

3. When a breach of the TASER (Electronic Control Devices) manual or other
misuse of a taser is identified, what actions may taken by NZ Police in
response (e.g. verbal warning, additional training, termination of
employment, prosecution)?

4. A list of all potential breaches of the TASER (Electronic Control
Devices) manual or other misuse of a taser investigated by NZ Police,
broken down by month from January 2014 until the most recent month for
which information exists, including:

4a. The nature of each of these incidents (e.g. taser used against a
person offering only passive resistance); and

4b. The outcome of each of these investigations (e.g. whether or not the
investigation found there was misconduct)

4c. The actions taken by NZ Police in response to each of these instances.

Please also explain any relevant caveats that should be kept in mind when
analysing this information, including the licence under which it is
released.

Please provide all information, including the response letter, in an
accessible, searchable format. Please provide any tabular data in a
machine-readable spreadsheet format, such as CSV or XLSX.

As I’m not familiar with the systems used by NZ Police in this area, if
any of my questions are worded in a way that is inconsistent with these
systems, I hope you will consult with me to revise my request.

I expect the type of information I am seeking is clear, even if the
specifics may not be correct. If any part of my request is unclear, please
don't hesitate to contact me for clarification.

If any of the information that I have requested is unavailable or would be
difficult to retrieve, but similar information might be readily available,
I would be happy to discuss altering or refining my request.

Ngā mihi,
Mark Hanna

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[10][FOI #8308 email]

Is [11][New Zealand Police request email] the wrong address for Official
Information requests to New Zealand Police? If so, please contact us using
this form:
  [12]  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:
  [13]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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7. mailto:[New Zealand Police request email]
8. mailto:[FOI #8308 email]
9. https://www.stuff.co.nz/auckland/local-n...
10. mailto:[FOI #8308 email]
11. mailto:[New Zealand Police request email]
12. https://fyi.org.nz/change_request/new?bo...
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hide quoted sections

Dear Mark

 

I have been asked to send this attached response. (3 attached)

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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Dear Mark

 

I have been asked to let you know that Police requires an extension of
time in which to respond to the remainding part of your request for
potential breaches of the Taser manual. This extension is pursuant to
section 15A(1) of the Official Information Act 1982, because the request
necessitates consultations such that a proper response to the request
cannot reasonably be made within the original time limit.

                                                                                           

Police require until 22 August 2018 to provide a substantive response to
your request. 

 

You have the right to ask the Office of the Ombudsman to review this
extension.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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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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Dear Mark

 

I have been asked to send this attached response.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

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WARNING

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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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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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Hello

The attached table is on the third page of the response.
I am working on getting the table and letter converted to a readable format for you.

Kind regards
Holly Foxwell

-----Original Message-----
From: Mark Hanna [mailto:[FOI #8308 email]]
Sent: Wednesday, 15 August 2018 12:27 p.m.
To: FOXWELL, Holly <[email address]>
Subject: Re: Official Correspondence from New Zealand Police

Tēnā koe Holly,

The attached response letter mentions "The attached spreadsheet", but I don't see any spreadsheet attached to the email. Could you please send through the spreadsheet again?

Also, I see that the response letter is an image-based PDF, which seems to have been created by printing and then scanning a document. In my request, I expressed a preference that all information, including the response letter, be provided in an accessible, searchable format.

Please provide me with a copy of the response letter in an accessible, searchable format.

I reiterated this part of my request in an email I sent you a week ago, when I asked for accessible copies of the other attachments I have been sent. I have not yet received any response.

Section 16(2) and 16(3) of the Official Information Act requires that information be released in the way preferred by the person requesting it unless there is one of three specific reasons for not doing so, and that if a different format is used the requester should be told the reason for not providing the information in the way they preferred.

As I have said in previous correspondence with NZ Police, it should be considered good practice to use accessible formats by default, and I would recommend NZ Police review their practices in this area. I have emailed the Minister for Disability Issues about this issue, and she responded with the message that “Providing OIA responses in accessible format should be standard practice as part of an open and transparent government”.

If there is a reason under section 16(2) of the OIA why NZ Police will not release accessible copies of this information, please tell me what the reason is.

Ngā mihi,
Mark Hanna

-----Original Message-----

Dear Mark

 

I have been asked to send this attached response.

 

 

Kind regards

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

[2]wordmark transparent

 

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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8308 email]

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

Dear Mark

 

Please find the attached responses as a result of your complaint to the
Ombudsman.

Look forward to your feedback.

 

Ngā mihi

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

[2]wordmark transparent

 

[3][IMG][4][IMG][5][IMG][6][IMG]

 

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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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Dear Mark

 

You have asked for information regarding any restrictions around
publishing NZ Police’s fleeing driver policy. I note that this policy has
been in existence in one form or another for many years. I have enquired
of existing Police staff, but I am unable to determine conclusively
whether this was created solely by NZ Police.

 

The policy and a number of previous versions are currently available on
the fyi website, having been provided by Police in response to other
information requests and so are already publicly available in full. There
are no issues from NZ Police’s perspective with this document being
published in this way.

 

However, it is your responsibility to seek your own legal advice on the
lawfulness of any proposed actions relating to the released material. I
note that under the OIA, the release of any information cannot be taken,
for the purposes of the law relating to defamation, breach of confidence
or infringement of copyright, as constituting an authorisation of the
publication of the document by the requester (s 48(2)).

 

Please also find attached the readable format response to your request
around Taser policy, systems used to investigate breaches and what systems
are used to investigate breaches of use. (4 attached)

 

 

Ngâ mihi

 

Holly Foxwell

Ministerial Services Officer

Ministerial Services

 

E [1][email address]

 

[2]wordmark transparent

 

[3][IMG][4][IMG][5][IMG][6][IMG]

 

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WARNING

The information contained in this email message is intended for the
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subject to the provisions of section 50 of the Policing Act 2008, which
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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
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
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