Police ‘Alco-link survey’ - public interest in information connecting arrests to last bar where alcohol consumed outweighs prejudice to commercial position

New Zealand Police (Police) refused a request for information linking the last bar a person had been drinking at before being arrested, otherwise known as the ‘Alco-Link survey’. The Police considered that, if released, the information would unreasonably prejudice the commercial position of the various bars and thus section 9(2)(b)(ii) of the Official Information Act (OIA) applied.

Ombudsman Ron Paterson considered that the need to protect the information was outweighed by public interest considerations favouring release. In forming this opinion, Professor Paterson had regard to the Sale and Supply of Alcohol Act 2012 (SSAA), which introduced significant changes to law and policies relating to the sale and supply of alcohol. This legislation specifically intended to increase community participation in licensing decisions and to minimise harm from the inappropriate and excessive use of alcohol. Professor Paterson was of the opinion that disclosure of relevant evidence, such as the Alco-Link survey, enables such informed participation by stakeholders, which is clearly in the public interest.

The Ombudsman considered that an explanatory statement released together with the Alco-Link survey explaining the Police concerns about the data would mitigate Police concerns about harm to reputation unreasonably prejudicing the commercial position of high ranking premises.