Dear Hugh Davenport,

Request for Information – Our Reference IR-01-19-5801

Thank you for your request dated 25 February 2019 requesting information regarding a near miss incident involving a cyclist on the Grafton Bridge on the 14th February at 7:35am. You requested:

1. I would like to request any case file in relation to a near miss incident involving a cyclist on the Grafton Bridge on 14th February at 7:35am. The bus in question was HE262, rego JAF146.

Your request has been considered in accordance with the Official Information Act 1982. We are unable to provide the requested information for the following reasons:

S6(c) - To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial

Unfortunately we are unable to provide the requested information as the file is currently an active investigation.

If you have any questions, you may contact me by email.

You have the right to ask the Ombudsman to review my decision if you are not satisfied with Police’s response to your request.

Yours sincerely,

Ashleigh Art

Case Management Support
Auckland City Police

Hi Ashleigh,

I'm a bit confused here. I've recently requested all reports I've filed, and have obtained a copy of this case file through that. That file appears to be filed as of the 21st of February, and I requested the file on 25th of February. It appears that it is not currently under active investigation. Do the Police often use that clause of the OIA to refuse information requests incorrectly? Is there another report for this that is under investigation? I'm a bit disappointed that the Police once again have withheld information under the OIA for no valid reason.

Record Start Date 14/02/2019 Record Id 348070000789 Full Name DAVENPORT, HUGH NORMAN Record Category Occurrence Narrative __________________________________ Created by WWM255 27/02/2019 15:02 OIA request made by Mr Hugh Davonport for this incident is received on 27/02/2019. From: Hugh Davenport Date: 25/02/2019 05:13PM Subject: Official Information request - Requesting case file Dear New Zealand Police, I would like to request any case file in relation to a near miss incident involving a cyclist on the Grafton Bridge on 14th February at 7:35am. The bus in question was HE262, rego JAF146. Dashcam footage both front and rear are available at https://twitter.com/AlecTang_/status/109... . A report was filed by myself at the Wellington Central Police station on Tuesday 19th February around 8:30am and I was told that it would be sent up to Auckland. I have not received a case number to date. If any other report exists for the same incident, I would like to request a case summary file for those other reports in addition to mine. If the report filed by myself does not exist in the system, I request information regarding the handling of the 1U Driver Complaint form handed into Wellington Central station on Tuesday 19th February around 8:30am. I should be on camera wearing blue sunglasses on my head. I would like to request where that form went, and any reason why it was not entered into your system. Yours faithfully, Hugh Davenport __________________________________ Created by BKY086 21/02/2019 09:18 - Reviewed for further investigation by O/C CAA Enquiries. - Low level 1U complaint which has been reported by a third party who witnessed it. - We do not have capacity to investigate such matters as we are focussed on serious crime victimisation matters (assault, theft, indecent assault, etc). There are 73 files AMA and this one does not even factor into the equation. - Case filed. __________________________________ Created by DBMW68 20/02/2019 10:54 Witness DAVENPORT/Hugh/Norman Address: 18 Bruce Avenue, Brooklyn Phone no: 0276996639 DOB: 05/08/1987 Licence no:DD268908 Vehicle 1 Reg no: JAF146 Make & Model: Bus Company: Auckland Transport (HE262) What Happened A cyclist travelling along Grafton bridge was overtaken by a bus and was left only centimetres of room. The driver seemed unaware anything had happened. Witness would like the police to speak to the bus driver.

Hi Hugh,

In regards to your request for file 190220/1431, the file had been filed at the time it was provided to you. However, since then, the file has been reactivated and assigned to a Police member for investigation.

This is due to Police having viewed the footage that was provided which is a line of enquiry they can look into so it’s currently an active investigation.

I will make a note on the file for you to be advised of any updates.

Cool. I find it a bit unusual it was closed then reopened as the footage was available when I first reported it, so there is nothing "new" that should have sparked a reactivation. Also the notes from when it was filed away didn't mention that the video had been viewed originally. In fact that note suggests that the police don't bother investigating witness only reports, and that it is not "serious enough" to investigate. But thanks for the update anyway.