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Usenet Discussion
Groups
Newsgroups: nz.general, nz.politics
April 19, 1998
Subject: Re: Privacy Act
by Winston Wealleans ([email protected])
The Privacy Act 1993 and its companion, the Official Information
Act 1982, can be jokes at times and those who should know how to work
according to those Acts can be real clowns.
Some time ago, after the Peter Ellis/Civic Crèche trial, we needed to know
when the officer-in-charge of the case, Detective Colin Keenan Eade, left the
Police. Application under the Official
Information Act 1982 was duly made to the Ch-Ch Police for the date of Eade's
disengagement. Here's what came back
in response:
Official
Information Request
I am writing in reply to your memorandum to me of 21 September 1996 in which
you request information concerning one Colin Eade, a former member of Police.
I decline to release the information you request. The authority for my action
is contained in section 9, 2(a) Official Information Act 1982 This is the
provision to protect the privacy of natural persons.
If you do not wish to accept my refusal you may appeal my decision under section
19B of the Official Information Act 1982 to The Ombudsman, Box 10152, Wellington.
Yours faithfully
RA Hall
Superintendent
for Region Commander
The Superintendent applied the whimpish stock standard reply
about protecting the privacy of a natural person which was rather strange
because that information was already available in the public domain through
the Police journal, "Ten One",
No 64, 8 April 1994, page 8, under the heading Disengaged Under Section
28 of the Police Act 1958, CE5398
09/02/94 Detective C K Eade,
Region 5 HQ.
Instead of appealing to the Ombudsman I went to a Police station and asked
for, and was given, copies of "Ten One" which I searched until I
found Eade's disengagement details.
"Ten One" is distributed to every Policeman/woman in the force. It
updates almost everything pertaining to Police operations, policy,
procedures, Police General Instructions, legislation and includes information
such as Police recruit enlistments, sworn and nonsworn appointments,
promotions resignations, exam passes, etc. Members of the public are entitled
to view copies at any Police station, some libraries stock it and most media
organisations get it.
Amazing how a Police Superintendent can try and bluff his way around such a
simple Official Information issue.
Someone at Superintendent level would have been around long enough to
know what the rules were and what information was where. A bit concerning really if this instance of
Superintendent Hall's incompetence and ignorance of information issues is
typical.
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