Joshua

 

Your OIA request below refers.

 

Can you please provide sufficient contact details to prove that you are
resident in NZ - eg a postal address, telephone number.

 

Thanks

 

PB

 

 

 

-----Forwarded by Annie Coughlan/POLICE/NZ on 29/10/2012 05:17PM -----

To: OIA requests at New Zealand Police <[1][New Zealand Police request email]>
From: Joshua Grainger <[2][OIA #632 email]>
Date: 27/10/2012 12:21PM
Subject: Official Information Act request - Giving of Customer Information
to Police

     Dear New Zealand Police,
    
     It was published on the New Zealand Herald website today that bank
     account details of Kim Dotcom and his staff were given by their
     banks without a search warrant ("Police got Dotcom's bank
     details").
    
     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, instrutions, 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:
     * Disclosing personal and official information
     * Forensic - Electronic crime
     * Intel - Intelligence for investigations
     * Introduction to finance policies
     * Mobile phones
     * Request for information - description
     * Search Without Warrant
     * Search
     Although please do not restrict my request to just these documents.
    
     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.
    
     Feel free to contact me if you wish me to clarify my request. If
     any documents are to be withheld from request one I would wish to
     know the titles/subject matter and dates of them. I would prefer an
     electronic response delivered via email to this address.
    
     With regards to s12(1) of the OIA I am a New Zealand citizen
     resident in New Zealand.
    
     Yours faithfully,
    
     Joshua Grainger
    
     -------------------------------------------------------------------
    
     Please use this email address for all replies to this request:
     [3][OIA #632 email]
    
     Is [4][New Zealand Police request email] the wrong address for Official
     Information Act requests to New Zealand Police? If so, please
     contact us using this form:
     [5]http://fyi.org.nz/help/contact
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [6]http://fyi.org.nz/help/officers
    
     If you find this service useful as an OIA officer, please ask your
     web manager to link to us from your organisation's FOI 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
1. mailto:[New Zealand Police request email]
2. mailto:[OIA #632 email]
3. mailto:[OIA #632 email]
4. mailto:[New Zealand Police request email]
5. http://fyi.org.nz/help/contact
6. http://fyi.org.nz/help/officers

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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

Joshua

As indicated in my response, Police do not collect that data. We have over 10,000 employees, deal with over 200,000 recorded offences per year, and hundreds of thousands of incidents and events. We make numerous requests to all range of companies.

We have no need to record that data, therefore we don't.

The Ombudsman has also acknowledged that we are not required to make documents that don't exist.

If you read my answer to the other questions you will see that we make requests pursuant to the Privacy Act Provisions and now the Search & Surveillance Act. Therefore not every case will have a warrant (now a Production Order).Therefore you can presume that all companies have given information under warrant or under the Privacy provisions. But we keep no details about that activity as indicated in my answer.

Sorry but I can not take this any further.

Paul Berry

-----Original Message-----
From: Joshua Grainger [mailto:[OIA #632 email]]
Sent: Monday, 26 November 2012 14:57
To: BERRY, Paul
Subject: Internal review of Official Information Act request - Giving of Customer Information to Police

Dear Mr Berry,

Thank you very much for your response.

I was hoping that the Police would reconsider their answer to
question 2, which was declined on the basis that the Police do not
hold the information. The Ombudsman has made clear, information in
someone's head is just as much information under the OIA as
documentary information (see the Ombudsmen Quarterly Review: Volume
4, Issue 3). As such, to say that the information is not held would
imply that no employee of the Police, to take question 2(b), knows
any companies that have given up customer information without a
warrant.

I imagine that this would untenable, particularly given that the
story I cited in my original request would imply that the Police
know that at least three banks fall in the category of 2(a) or
2(b). I also imagine that if a company took a particularly
litigious view to providing customer data, then a Police employee
would know of this reputation, and thus this information would fall
under the scope of the OIA.

Yours sincerely,

Joshua Grainger

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

 

Joshua

 

Your OIA request below refers.

 

Can you please provide sufficient contact details to prove that
you are
resident in NZ - eg a postal address, telephone number.

 

Thanks

 

PB

 

 

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #632 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI 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

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