Opposition to liquor licences in Wellington region
Richard made this Official Information request to New Zealand Police
The request was refused by New Zealand Police.
From: Richard
Dear New Zealand Police,
Under section 12 of the Official Information Act 1982, please provide information with regard to the decision(s) that led police to oppose liquor licenses for community and sport clubs within the Wellington policing district.
For the purposes of this request, a time frame of the last 18 months would be sufficient. The information sought is high level, such as information which discusses and then approves the decision to oppose liquor licences.
Yours faithfully,
Richard
New Zealand Police
Dear Richard,
Thank you for your email.
This request has been forwarded to the Wellington File Management Centre
for a response.
Yours sincerely
NZ Police Information
-----Richard <[FYI request #8398 email]> wrote: -----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Richard <[FYI request #8398 email]>
Date: 27/07/2018 04:53PM
Subject: Official Information request - Opposition to liquor licences in
Wellington region
Dear New Zealand Police,
Under section 12 of the Official Information Act 1982, please provide
information with regard to the decision(s) that led police to oppose
liquor licenses for community and sport clubs within the Wellington
policing district.
For the purposes of this request, a time frame of the last 18 months would
be sufficient. The information sought is high level, such as information
which discusses and then approves the decision to oppose liquor licences.
Yours faithfully,
Richard
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FYI request #8398 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:
[1]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:
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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
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New Zealand Police
Hello Richard
Thank you for your request. To be able to enter and reply to this request,
could you please reply with your last name, dob and contact number.
Kind Regards
Brendon Ronald
Sergeant
Wellington Investigation Support Unit
-----Forwarded by Fleur Strand-Anderson/POLICE/NZ on 27/07/2018 10:19PM
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Richard <[FOI #8398 email]>
Date: 27/07/2018 04:53PM
Subject: Official Information request - Opposition to liquor licences in
Wellington region
Dear New Zealand Police,
Under section 12 of the Official Information Act 1982, please provide
information with regard to the decision(s) that led police to oppose
liquor licenses for community and sport clubs within the Wellington
policing district.
For the purposes of this request, a time frame of the last 18 months would
be sufficient. The information sought is high level, such as information
which discusses and then approves the decision to oppose liquor licences.
Yours faithfully,
Richard
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #8398 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:
[1]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:
[2]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
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From: Richard
Dear Brendan Ronald, Sargent New Zealand Police,
Further to your request for personal identifying information prior to accepting this information request. The level of information you have requested is outside the scope needed in order to satisfy yourself that this this is a legitimate request under the Official Information Act 1982.
As you have sought that information, in addition to the information originally sought, please provide your reasoning for requiring full name, date of birth, and contact phone number in order to accept an OIA request.
Police National Headquarters has previously responded to requests via this forum, so I suggest you seek assistance from your superiors, or Official Information Act specialists within Police's ministerial support team, as to what is appropriate information to request in order to satisfy Section 12 of the OIA.
I can confirm that I am a New Zealand citizen, as per Section 12(1)(a) of the OIA.
Yours faithfully,
Richard
New Zealand Police
Hello Richard
Could you please confirm that you are a New Zealand citizen as per Section
12 of the Official Information Act 1982.
Your request for information will be processed and replied to once Police
have received this confirmation.
The period of 20 working days to reply to your request will begin once
Police receive this confirmation.
To assist with the process, could you please reply to this email (
[1][email address])
Wellington Investigation Support Unit will be handling the request.
Kind Regards
Brendon Ronald
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[2][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
-----[email address] wrote: -----
To: Wellington OIA/POLICE/NZ@NZPOLICE
From: [email address]
Date: 07/27/2018 10:28PM
Subject: Fw: Official Information request - Opposition to liquor licences
in Wellington region
-----Forwarded by Joss Powell/POLICE/NZ on 27/07/2018 10:28PM -----
To: FMC Wellington/POLICE/NZ@NZPOLICE
From: Crime Reporting Line/POLICE/NZ
Sent by: Fleur Strand-Anderson/POLICE/NZ
Date: 27/07/2018 10:19PM
Subject: Fw: Official Information request - Opposition to liquor licences
in Wellington region
-----Forwarded by Fleur Strand-Anderson/POLICE/NZ on 27/07/2018 10:19PM
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Richard <[FOI #8398 email]>
Date: 27/07/2018 04:53PM
Subject: Official Information request - Opposition to liquor licences in
Wellington region
Dear New Zealand Police,
Under section 12 of the Official Information Act 1982, please provide
information with regard to the decision(s) that led police to oppose
liquor licenses for community and sport clubs within the Wellington
policing district.
For the purposes of this request, a time frame of the last 18 months would
be sufficient. The information sought is high level, such as information
which discusses and then approves the decision to oppose liquor licences.
Yours faithfully,
Richard
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #8398 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:
[3]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:
[4]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
References
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2. mailto:[email address]
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From: Richard
Dear New Zealand Police,
As per my correspondence of 31 July, the last sentence of that same correspondence confirms that I am a New Zealand citizen as per s12(1)(a) of the OIA.. Additionally, New Zealand Police's attempts to obfuscate its responsibility to reply, by initially seeking spurious information to confirm eligibility to make the OIA request, is worrying.
As this exact information was provided on 31 July, the 20 working day time frame should begin on that day. This is being generous given NZ Police is well aware that this site is utalised by New Zealand citizens to make public information requests.
Yours faithfully,
Richard
New Zealand Police
Hello Richard
A reply to your request is being prepared.
The information will not be released until we can identify that you are
one of the following under Section 12(1) of the Official Information Act
1982:
- (a) A New Zealand citizen; or
- (b) A permanent resident of New Zealand; or
- (c) A person who is in New Zealand; or
- (d) A body corporate which is incorporated in New Zealand; or
- (e) A body corporate which is incorporated outside New Zealand but which
has a place of business in New Zealand
I understand that you have made previous requests through Ministerial
Services at Police National Headquarters, but your request is being
handled by Wellington District and we require that the requester can show
that they are one listed above.
Kind Regards
Brendon Ronald
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[1][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
-----[email address] wrote: -----
To: [FOI #8398 email]
From: [email address]
Date: 08/08/2018 02:54PM
Subject: Re: Fw: Official Information request - Opposition to liquor
licences in Wellington region
Hello Richard
Could you please confirm that you are a New Zealand citizen as per Section
12 of the Official Information Act 1982.
Your request for information will be processed and replied to once Police
have received this confirmation.
The period of 20 working days to reply to your request will begin once
Police receive this confirmation.
To assist with the process, could you please reply to this email (
[2][email address])
Wellington Investigation Support Unit will be handling the request.
Kind Regards
Brendon Ronald
Official Information Requests
WELLINGTON DISTRICT
Level 5, 39 Victoria Street, Wellington
Mail to: c/- Level 5,
39 Victoria Street |PO Box 693
Wellington 6011 |DX: SX11220
DDI: 04 381 2000
[3][email address]
----------------------------------------------------------------------------------------------------
Please Note: The ISU is currently based at Wellington and the hours of
operation are between 8am and 4pm, Monday to Friday. If you need to speak
with Police about your case, please have your case file number ready.
----------------------------------------------------------------------------------------------------
-----[email address] wrote: -----
To: Wellington OIA/POLICE/NZ@NZPOLICE
From: [email address]
Date: 07/27/2018 10:28PM
Subject: Fw: Official Information request - Opposition to liquor licences
in Wellington region
-----Forwarded by Joss Powell/POLICE/NZ on 27/07/2018 10:28PM -----
To: FMC Wellington/POLICE/NZ@NZPOLICE
From: Crime Reporting Line/POLICE/NZ
Sent by: Fleur Strand-Anderson/POLICE/NZ
Date: 27/07/2018 10:19PM
Subject: Fw: Official Information request - Opposition to liquor licences
in Wellington region
-----Forwarded by Fleur Strand-Anderson/POLICE/NZ on 27/07/2018 10:19PM
-----
To: OIA/LGOIMA requests at New Zealand Police <[New Zealand Police request email]>
From: Richard <[FOI #8398 email]>
Date: 27/07/2018 04:53PM
Subject: Official Information request - Opposition to liquor licences in
Wellington region
Dear New Zealand Police,
Under section 12 of the Official Information Act 1982, please provide
information with regard to the decision(s) that led police to oppose
liquor licenses for community and sport clubs within the Wellington
policing district.
For the purposes of this request, a time frame of the last 18 months would
be sufficient. The information sought is high level, such as information
which discusses and then approves the decision to oppose liquor licences.
Yours faithfully,
Richard
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #8398 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:
[4]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:
[5]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
References
Visible links
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2. mailto:[email address]
3. mailto:[email address]
4. https://fyi.org.nz/change_request/new?bo...
5. https://fyi.org.nz/help/officers
hide quoted sections
From: Richard
Dear Sargent Ronald,
A request was made of New Zealand Police, regardless of the location at which it is being managed, New Zealand Police has a responsibility to manage the request in accordance with the OIA. One section of New Zealand Police is unable to attach requirements on requestors that are not applied nationally.
I have already confirmed to you that I am a New Zealand citizen. What further information would New Zealand Police, no you personally, require to satisfy itself that a bone fide request under section 12 of the Official Information Act 1982 has been made?
You have no authority to seek the level of personal identifying information that you initially requested in terms of establishing bone fides for an OIA request, and have not clarified further what level of information would otherwise satisfy Police's requirements re s12 of the OIA. Again, as confirmed a month ago, I am a New Zealand citizen, as per s12(1)(a) of the OIA.
I would also refer you to the Ombudsman's guidelines on electronic requests. An agency is able to make reasonable enquiries so as to satisfy s12(1). The guideline discusses that unreasonable barriers should not be imposed, and that an agency looking to clarify eligibility should do so expediently and assist the requestor, so as not to eat into the 20 working day timeframe within which an agency has to make a decision on a request.
If you are having trouble interpreting the legislation and Ombudsman's guides, again, I would suggest discussing this matter with NZ Police's Ministerial Team, which would most likely have to reply to an Ombudsman investigation if the Wellington Regional section of NZ Police seek to apply unreasonable hurdles to obtaining information I would also remind you that decisions on OIA requests are made on behalf of an agency's Chief Executive, in this instance the Commissioner of Police. Consequently, a national standard should be applied, regardless as to which region is considering the information sought.
Yours faithfully,
Richard
From: DUNN, Scott
New Zealand Police
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Kia ora Richard,
Firstly and fundamentally it is important to note that the New Zealand
police are not opposed to clubs and service groups holding alcohol
licences. We are however committed to reducing alcohol related harm within
our communities and we are working to achieve this through the safe,
responsible and lawful sale and supply of alcohol.
Furthermore, there has been no change in policy from Police with regards
to the renewal of club licences, however following a meeting, in July
2018, with representatives from both the Wellington Licencing Inspectors
office and the Medical Officer of Health, a commitment was made to ensure
that licence applications from clubs were to be assessed in conjunction
with their core business and the object of the Act. Every licence
application was, and continues to be, considered on its individual merits.
It is also important to note that once Police receive a licence
application that there is a 15 day time frame to report back to Council
Inspectors regarding the application, either supporting or opposing it.
These are the only two options available to Police during this period and
based upon the content of the application we are bound to report on what
information we are presented with. Following a decision to oppose a
licence application reporting agencies (including Police) are then able to
engage in further communication with the applicant with a view to
potentially resolving any areas of concern – as has been the case with the
majority of Wellington Club matters which have since had their oppositions
withdrawn by Police.
In response to your request for “information with regard to the
decision(s) that led police to oppose liquor licenses for community and
sports clubs within the Wellington Policing District over the last 18
months” are you able to clarify what “information” you are seeking? At
this stage this request appears to be fairly generic and without
clarification of what you are seeking I am potentially unable to assist
further.
Nâku noa.
Senior Sergeant Scott Dunn
District Prevention Co-ordinator: Alcohol Harm Reduction
Wellington District
M +64 21 190 9827
E [1][email address]
[2]wordmark transparent
[3][IMG][4][IMG][5][IMG][6][IMG]
--------------------------------------------------------------------------
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
Visible links
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3. https://www.youtube.com/user/policenz
4. http://www.police.govt.nz/facebook
5. http://www.police.govt.nz/twitter
6. http://www.police.govt.nz/instagram
hide quoted sections
From: Richard
Dear Scott,
Thank you for your informative note on the background of the intent of Police's role regarding liquor licence matters within the Wellington region.
You note that Police and other liquor licence authorities were mindful of the intended purpose of the business/club seeking the licence renewal, this is a positive consideration. Within your reply I hope there is information which supports these considerations and the level of awareness the liquor licencing authorities had of each business/club's purpose.
The area of information I am interested in is what was available to Police at the time that led opposition notices to renewals of licences. I note your comment that Police only has two options (support or oppose), could you please comment as to whether this is an operational policy limitation or something that is restricted within legislation (I am unable to locate any such limitation from my reading of the relevant legislation).
Your kind assistance with this matter is appreciated. I do note that your time frame to now respond fully is somewhat limited given the previous communications on bone fides to make this request, and the inability to seek revision of the scope of the request, given the 10 working day time frame for seeking revision has passed.
Yours sincerely,
Richard
From: DUNN, Scott
New Zealand Police
Hello again Richard,
With regards to your inquiries the following hopefully addresses your questions.
The information Police had at the time of lodging an opposition to the Club licence renewals consisted of the actual application lodged by a representative of the organisation, Police database/intelligence holdings, and personal experience/knowledge of Police staff. There is also the ability to access public information, such as Club websites to ascertain further information about the Clubs in question.
The scope of Police reporting is stipulated in legislation (s103 of the Sale and Supply of Alcohol Act 2012) - but we are also guided by previous ARLA (Alcohol Regulatory and Licencing Authority) decisions regarding certain issues, known as Case Law.
I trust this addresses your queries.
Kind regards.
Senior Sergeant Scott Dunn
District Prevention Co-ordinator: Alcohol Harm Reduction
Wellington District
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.
-----Original Message-----
From: Richard [mailto:[FOI #8398 email]]
Sent: Monday, 20 August 2018 12:18 p.m.
To: DUNN, Scott <[email address]>
Subject: Re: OIA request for information
Dear Scott,
Thank you for your informative note on the background of the intent of Police's role regarding liquor licence matters within the Wellington region.
You note that Police and other liquor licence authorities were mindful of the intended purpose of the business/club seeking the licence renewal, this is a positive consideration. Within your reply I hope there is information which supports these considerations and the level of awareness the liquor licencing authorities had of each business/club's purpose.
The area of information I am interested in is what was available to Police at the time that led opposition notices to renewals of licences. I note your comment that Police only has two options (support or oppose), could you please comment as to whether this is an operational policy limitation or something that is restricted within legislation (I am unable to locate any such limitation from my reading of the relevant legislation).
Your kind assistance with this matter is appreciated. I do note that your time frame to now respond fully is somewhat limited given the previous communications on bone fides to make this request, and the inability to seek revision of the scope of the request, given the 10 working day time frame for seeking revision has passed.
Yours sincerely,
Richard
-----Original Message-----
Kia ora Richard,
Firstly and fundamentally it is important to note that the New Zealand police are not opposed to clubs and service groups holding alcohol licences. We are however committed to reducing alcohol related harm within our communities and we are working to achieve this through the safe, responsible and lawful sale and supply of alcohol.
Furthermore, there has been no change in policy from Police with regards to the renewal of club licences, however following a meeting, in July 2018, with representatives from both the Wellington Licencing Inspectors office and the Medical Officer of Health, a commitment was made to ensure that licence applications from clubs were to be assessed in conjunction with their core business and the object of the Act. Every licence application was, and continues to be, considered on its individual merits.
It is also important to note that once Police receive a licence application that there is a 15 day time frame to report back to Council Inspectors regarding the application, either supporting or opposing it.
These are the only two options available to Police during this period and based upon the content of the application we are bound to report on what information we are presented with. Following a decision to oppose a licence application reporting agencies (including Police) are then able to engage in further communication with the applicant with a view to potentially resolving any areas of concern – as has been the case with the majority of Wellington Club matters which have since had their oppositions withdrawn by Police.
In response to your request for “information with regard to the
decision(s) that led police to oppose liquor licenses for community and sports clubs within the Wellington Policing District over the last 18 months” are you able to clarify what “information” you are seeking? At this stage this request appears to be fairly generic and without clarification of what you are seeking I am potentially unable to assist further.
Nâku noa.
Senior Sergeant Scott Dunn
District Prevention Co-ordinator: Alcohol Harm Reduction Wellington District
M +64 21 190 9827
E [1][email address]
[2]wordmark transparent
[3][IMG][4][IMG][5][IMG][6][IMG]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8398 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.
-------------------------------------------------------------------
hide quoted sections
From: Richard
Dear Scott,
Thank you again for your overview of the kind of information that was available. Can you please complete the request by providing a copy of that information. If some of that information is comprised of information an officer held due to experience, an outline of what that person considered at the time of informing their decision would be sufficient (as allowed for under the OIA).
Yours sincerely,
Richard
From: DUNN, Scott
New Zealand Police
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OIA request 20180824.pdf
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Hi Richard,
Please see the attached document with regards to the Police position and
your OIA request.
Kind regards.
Senior Sergeant Scott Dunn
District Prevention Co-ordinator: Alcohol Harm Reduction
Wellington District
[1]wordmark transparent
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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
Visible links
2. https://www.youtube.com/user/policenz
3. http://www.police.govt.nz/facebook
4. http://www.police.govt.nz/twitter
5. http://www.police.govt.nz/instagram
hide quoted sections
From: Richard
Dear Scott,
I find it bemusing that Police has decided that the requested information can not be provided without substantial research or collation. There seemed from correspondence with yourself and the previous Sargent an understanding of what information was available.
Much time had been lost by Police in the previous Sargent's administration of the request; and there was no assistance provided by Police in terms of relaying that the request may not be able to be met. My request specific and further correspondence outlined the kind of information being sought. So to say that there was a refusal to narrow the request is a fabrication of actual events.
Police HQ may wish to revisit this matter prior to a complaint being lodged with the Office of the Ombudsman. This request has been mismanaged by Police from the start, and to be frank, I believe Wellington regional Police staff require refresher training on their responsibilities under the OIA.
Yours sincerely,
Richard
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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