O'Brien . . . My Long Road Back

         ◦ information requests

“Whaika te Whakapono”

Seek for the Truth  -  Follow the Truth

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Information Request (1):

Howard Broad
The Commissioner
NZ Police Department
PO Box 3017
WELLINGTON

Dear Mr Broad

Whaika te Whakapono:  Seek for the Truth – Follow the Truth

You advise the appointment of R.B. (Bruce) Squire QC as your “independent” investigator following my admission of perjury and evidence tampering to obtain convictions against my targets while working for your Criminal Intelligence Section as a sworn Constable

Kindly provide me the following:

(1.) Your terms of reference for your “independent” inquiry

(2.) The names of my targets . . . you have identified to date

Please note that without further notice to you I will write to both the Ombudsman and the Privacy Commissioner if this information has not reached my hand within 21 days

Thank you

Yours sincerely

Patrick John O’Brien
X-Constable 3667
7 April 2008

link:  original, digitally signed letter is here

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Response from Police \ Request (1):

Email Headershere
From: Gavin Jones
To: O’Brien
Sent: Thursday, May 01, 2008 9:45 am
Subject:  OIA Request : Re TOR

Dear Mr O’Brien

I refer your email to {police commissioner} dated 7 April 2008 in which you requested:

(a)  The terms of reference for the independent inquiry being conducted by Bruce Squire QC
(b)  The names of targets Police have identified to date

Please find attached a copy of the terms of reference for the independent inquiry being conducted by Bruce Squire QC.  [see FILE NOTE (i) below]

Due to the investigation being conducted and also to protect the privacy of the individual targets you refer to, this aspect of your request is refused in reliance upon section 6(c) and 9(2)(a) of the Official Information Act 1982 and sections 27(1)(c) and 29(1)(a) of the Privacy Act.  [see FILE NOTES (ii) and (iii) below]

If you are not satisfied with this response to your request, you may make a complaint to the Ombudsman or Privacy Commissioner.

Gavin Jones
Detective Superintendent
Acting Assistant Commissioner
Crime and Operations
Police national Headquarters
PO Box 3017, Wellington
New Zealand

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My acknowledgement \ Request (1):

From:  O’Brien
To: Gavin Jones
Sent: Thursday, May 01, 2008 5:14 pm
Subject:  Thank you – acknowledgement:  RE:  OIA Request : Re TOR

Dear Det. Supt. Jones

A brief note to acknowledge receipt of your email {above} and thank you for taking the time to respond

Yours sincerely

Patrick John O’Brien
X-Constable 3667

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________________________________________________________________________________

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My File Notes \ Request (1)

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(i)  Original attachment from (acting) Asst Commissioner Gavin Jones is available – HERE:

TERMS OF REFERENCE FOR INQUIRY BY BRUCE SQUIRE QC INTO ALLEGATIONS
MADE BY FORMER POLICE OFFICER PATRICK JOHN O’BRIEN

•  Identify and clarify the allegations made by Patrick John O’Brien
that while a Police Officer he told lies and tampered with evidence
to obtain co0nvictions;  and

•  Assess the implications and veracity of the allegations made by
Patrick John O’Brien;  and

•  Determine whether in any case there is a reasonable basis to suspect
criminal offending which would justify a formal police investigation
being initiated;  and

•  provide the Commissioner with a report

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(ii)  Official Information Act 1982 No 156:

Sections 6(c) and 9(2)(a)

* Section 6 states that … “Good reason for withholding official information exists, for the purpose of section 5 of this Act, if the making available of that information would be likely—
(c) To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial

{Section 5 relates to the “Principle of availability” and states that … “The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it.”}

* Section 9 relates to … “Other reasons for withholding official information” and states that …

(2) Subject to sections 6, 7, 10, and 18 of this Act {edit – not relevant here} this section applies if, and only if, the withholding of the information is necessary to—
(a) Protect the privacy of natural persons, including that of deceased natural persons; or

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(iii)  Privacy Act No 28:

Sections 27(1)(c) and 29(1)(a)

* Section 27 relates to matters of…”Security, defence, international relations, etc” and states that -

(1) An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely—
(c) To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial

* Section 29 relates to … “Other reasons for refusal of requests” and states that…

(1) An agency may refuse to disclose any information requested pursuant to principle 6 if—
a) The disclosure of the information would involve the unwarranted disclosure of the affairs of another individual or of a deceased individual

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Next . . . information request (2) . . .

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