22 May 2019
Our Reference: IR-01-19-8450
Mr Hugh Davenport
Email: [FYI request #9922 email]
Dear Mr Davenport
I am writing to you in response to your request submitted 25 March 2019. You requested:
1. The Police notebook entries for the incident from the three attending officers
2. Any policies in the Police manual or elsewhere on how to react to threatening
behaviour
3. Any policies on whether Police should take people holding weapons that have
threatened people for their life into custody immediately
4. Any policies on whether Police should confiscate weapons being used in a
threatening manner
5. Any policies on whether Police should take into account previous witness
statements about threatening behaviour into account.
6. Any further actions the Police took in this incident after the day, including timelines,
and whether an arrest ever took place.
7. If the officers did not follow the policies Police have for this incident, I would like to
enquire what follow up those officers have had (suspension, remedial training, etc).
My response will answer questions 2-5 only. Questions 1, 6-7 will be responded to by
another work group.
A threat is 'a declaration of an intention to punish or hurt'. If the person has the power to
carry out the threat, the offence may become an assault.
Please find enclosed with this the Police Manual chapter, Behaviour Offences which
outlines what can be done about such behaviour offences.
Police threat assessment methodology (TENR) is a decision making process that
supports the timely and accurate assessment of information directly relevant to the safety
of the Police and other.
In the course of a police officer’s duties there are instances where they are faced with
potential threats to themselves or members of the public. In these situations the officer
undertakes a subjective assessment, and continuously reassesses the incident using the
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
TENR (Threat, Exposure, Necessity and Response) model, based on information known
about the situation and the subject’s behaviour.
Please find enclosed a copy of the Police Manual chapter, TENR-Operation threat
assessment.
Police must have a legislative power to arrest or detain a person, and the arrest or
detention must be reasonable or necessary in the particular case.
Please find enclosed a section of the Police Manual chapter, pages 1-4, Arrest and
Detention which outlines the requirements of arrest.
There is no policy pertaining to the use of previous witness statements and the seizing of
exhibits, Police are guided by the law in these matters, which pertain to the rules of
evidence which are covered in law, therefore this part of your request is refused pursuant
to section 18(e) of the Official Information Act 1982 in that the policies do not exist.
You have the right, under section 28(3) of the Official Information Act 1982, to ask the
Ombudsman to review my decision if you are not satisfied with the way I have responded
to your request.
Yours sincerely
Andrew Sissons
Acting Superintendent
National Manager: Response and Operation
