Release 23 working days after refusal was ‘soon’—s 18(d)
On 9 January 2015, a requester sought information about speeding infringements issued over the holiday period. On 27 January 2015, the New Zealand Police refused this request under section 18(d), explaining that:
Police will be proactively releasing information about speed infringement notices issued during the Christmas/New Year period in late February 2015 as part of planned media activity for the completion of its summer road policing campaign.
The requester complained to the Ombudsman. The Ombudsman made informal enquiries with the Police and was advised that information relating to January 2015 was not yet available because:
there is a lag in reporting the data to allow Police to provide the most reliable and stable data as the infringements are received and processed by the Police Infringement Bureau.
The Ombudsman wrote to the requester explaining that an investigation seemed unnecessary because it was apparent on the face of it that section 18(d) applied. The Police refused the request on 27 January 2015, and anticipated that the information would be released by the end of February 2015 (approximately 23 working days). Some of the information at issue was still being processed and reviewed. In these circumstances, the Ombudsman was satisfied that the information would soon be publicly available for the purpose of section 18(d).
This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.
Last updated: