Police Best Practise 1997/8

Lindsay R. Kennard made this Official Information request to New Zealand Police

The request was partially successful.

From: Lindsay R. Kennard

Dear New Zealand Police,
I seek notes of best practice as at January 1 1998 and any updates before the application of the Evidence Act 2006 in two[2] areas of operation and investigation.

Area 1/ Eyewitness interview and identification procedure of suspects or persons of interest, the methods of viewing live and photographic lineups and methods of supervision, methods of recording the entire interview and identification procedure and specially witness confidence and documentation, numbers of positive [suspect selection] and false positive [filler selection] and none selection recorded. Randomisation between witnesses of lineup members, whether a suspect or suspect photo even if changed were used over different lineups with different fillers. The method of selecting fillers[known innocents], were they chosen on the basis of witness description or suspect resemblance

Area 2/ Methods of obtaining information from in custody informants. Methods used to check accuracy of information given by informant or if it was checked at all for newness. How offered information was recorded along with records of payment or other consideration given to informant in exchange for Information. Was a record kept of previous information given and its accuracy and relevance to previous convictions obtained where the informant gave testimony. Was there a register of both free and in custody informants so their history of use and accuracy could be checked.

Finally
Have these processes changed to reflect the huge amount of scientific improvements in both areas following the huge rise in DNA and other exoneration's since 1989 of innocents convicted and incarcerated in Canada, United Kingdom [1974], Scotland, Australia and United States, also the many Commission of Inquiry reports and reviews of reports in Canada.

Thank You

Yours faithfully,

Lindsay R. Kennard

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From: THOMSON, Raewyn
New Zealand Police

Dear Lindsay Kennard

 

I refer to your Official information Act request of 8 September 2014 for
information about Police Best practise 1997/8.

 

Pursuant to section 15A of the Official Information Act 1982, I advise you
of the requirement to extend the time limit to respond to your requests. 
The period of the extension is until 23 October 2014.

 

The reason for the extension is that the time required for the
consultations necessary to make a decision on the request are such that a
proper response cannot reasonably be made within the original time limit.

 

You have the right, under section 28(3) of the Official Information Act
1982, to ask the Ombudsman to investigate and review my decision to extend
the time limit for deciding upon your request.

 

 

Yours sincerely

 

 

 

 

Raewyn Thomson

Ministerial Services

Police National Headquarters

 

 

===============================================================

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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From: MCMAHON, Teresa
New Zealand Police

 

 

23 October 2014

 

Lindsay Kennard

[1][OIA #1994 email]

 

Dear Lindsay Kennard

 

I refer to your request of 8 September 2014 in which you asked for:

 

notes of best practice as at January 1 1998 and any updates before the
application of the Evidence Act 2006 in two[2] areas of operation and
investigation.

Area 1/ Eyewitness interview and identification procedure of suspects or
persons of interest, the methods of viewing live and photographic lineups
and methods of supervision, methods of recording the entire interview and
identification procedure and specially witness confidence and
documentation, numbers of positive [suspect selection] and false positive
[filler selection] and none selection recorded. Randomisation between
witnesses of lineup members, whether a suspect or suspect photo even if
changed were used over different lineups with different fillers. The
method of selecting fillers[known innocents], were they chosen on the
basis of witness description or suspect resemblance    

Area 2/ Methods of obtaining information from in custody informants.
Methods used to check accuracy of information given by informant or if it
was checked at all for newness. How offered information was recorded along
with records of payment or other consideration given to informant in
exchange for Information. Was a record kept of previous information given
and its accuracy and relevance to previous convictions obtained where the
informant gave testimony. Was there a register of both free and in custody
informants so their history of use and accuracy could be checked.

Finally
Have these processes changed to reflect the huge amount of scientific
improvements in both areas following the huge rise in DNA and other
exoneration's since 1989 of innocents convicted and incarcerated in
Canada, United Kingdom [1974], Scotland, Australia and United States, also
the many Commission of Inquiry reports and reviews of reports in Canada.  
   

 

I have been asked to to notify you that Police require a further extension
of time in which to respond to your request, pursuant to section 15A(1) of
the Official Information Act 1982, because the request necessitates a
search through a large quantity of information and consultations such that
a proper response to the request cannot reasonably be made within the
original time limit.

 

Police require until 20 November 2014 to provide a substantive response to
your request. 

 

You have the right to complain to the Office of the Ombudsmen about this
extension.

 

Yours sincerely

 

 

 

 

Teresa McMahon

Executive and Ministerial Services

===============================================================

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:[OIA #1994 email]

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From: Lindsay R. Kennard

Dear MCMAHON, Teresa,

This is the third 20 day period police have requested to my Information request and it shall be the last.

Failure to supply will result in a complaint to the Ombudsman.

Yours sincerely,

Lindsay R. Kennard

Link to this

From: MCMAHON, Teresa
New Zealand Police

I am out of the office till around midday on 6 November 2014. I can attend
to any issues after then or, if it is urgent, please contact Raewyn
Thomson: [email address]

Link to this

From: WALKER, John
New Zealand Police

Dear Mr Kennard –

 

As you are aware there has been a delay in Police providing a substantive
response to your Official Information Act Request seeking “notes of best
practice as at January 1 1998 and any updates before the application of
the Evidence Act 2006 in two[2] areas of operation and investigation” that
you identified in your request email.

 

Police advised on 23 October 2014 that it sought a further extension due
in part to the need to search through a large quantity of information. 
This search has proved to be more difficult to complete than expected as
the Police Library that holds the best practice manuals (no electronic
copies are held) from the period you seek was dismantled early this year
and stored off site while earthquake strengthening of the building housing
the Police library was carried out. 

 

The library contents are slowly being returned, box by box.  The librarian
has advised that it is likely the box containing the manuals will be
returned and available to me within the next two weeks.  This of course
will necessitate a further delay (beyond 20 November) in providing a
substantive response to your request and I am mindful of the time that has
elapsed to date.

 

I was keen to explain this unfortunate situation personally by phone but
do not have your phone number.

 

If you would like to discuss this matter I would be happy to receive a
phone call from you.  Please call 04 474 9499 and ask for me.

 

Regards

John Walker

 

Manager: National Forensic Services

NZ Police

===============================================================

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

Link to this

From: Lindsay R. Kennard

Dear WALKER, John,
I am unwilling to provide my contact phone number on a public site as it is unlisted, as I have been the recipient of serious threats to my life and person as a result of my inquisitive mind when seeking answers about matters of public interest.

I'm left thinking my request is being subject to the usual delays by Police perhaps in the hope I will give up and go away. I won't. From the Ombudsmans website it lists Police and Ministry of Justice as the most frequent subjects of OIA complaints for late responses.

I am also left wondering why your excuse was not part of the first reply it would have saved a lot of angst on my part as I try to understand the IPCA report I do have and the serious criticism of Police methods in that report and to compare them to Canadian Commission reports into several serious shortcomings in investigations that lead to Miscarriages of Justice where innocent men were incarcerated because of police incompentence in areas New Zealand Police have, and still do, display serious shortcomings in.

Now that you have told me the material I seek exists, it will be a little more difficult to "lose" it. Thank you.

Yours sincerely,

Lindsay R. Kennard

Link to this

From: WALKER, John
New Zealand Police

Hi - I am overseas from Tuesday 18 November returning on Friday 21
November .  I will be checking my emails everyday.  Please phone 027 247
9873 and leave a message if the matter is urgent.

 

Regards

John Walker

Manager: National Forensic Services

 

 

 

 

 

Link to this

From: MCMAHON, Teresa
New Zealand Police


Attachment kennard lindsay 09 533 2 reply.pdf
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Attachment ID OF OFFENDERS 1997.pdf
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Dear Mr Kennard

I have been asked to send you the attached reply to your information
request.

 

 

Teresa McMahon

Ministerial Services

Police National Headquarters

PO Box 3017

Wellington

 

===============================================================

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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