Police Stop – Step 3: OIA Outcome → Ombudsman (Easy Read + Templates)

EASYREAD – STEP 3 OVERVIEW

you have already completed:

• STEP 1 – 105 record
• STEP 2 – OIA (with 105 and DAO references)

STEP 3 depends on what happens next.

Police are given **20 days** to respond to the OIA.

We use 20 days deliberately. We do not argue calendar vs working days.

OUTCOME A – NO OIA RESPONSE AFTER 20 DAYS

If Police do NOT respond within 20 days:

• This is a failure to comply with the Official Information Act
• You do NOT chase Police
• You go directly to the Ombudsman

OUTCOME B – POLICE RESPOND (ANY RESPONSE)

If Police respond in **any form**:

• Full answer
• Partial answer
• Refusal
• Deflection
• “No action” decision

The response MUST be sent to the **Attorney’s Office**.

Do not reply yourself.

Do not explain.

Do not correct Police directly.

The Attorney’s Office will decide the next step.

WHY EVERYTHING GOES THROUGH THE ATTORNEY

From experience:

• OIAs are often rejected incorrectly
• Responses are incomplete or evasive
• Police rely on people giving up

Many OIA responses can be:

• Challenged
• Clarified
• Re-framed
• Re-submitted

This takes patience and process.  It works.

STEP 3A – OMBUDSMAN LETTER (NO OIA RESPONSE)

Use this if:

• 20 days have passed
• No OIA response was received

LETTER TO OMBUDSMAN

(Failure to Respond to OIA)

To: Office of the Ombudsman

I am making a complaint regarding the failure of New Zealand Police to respond to an Official Information Act request within the statutory timeframe.

Details are as follows:

• OIA date: [date]
• Subject: Police Conduct Record (105)
• 105 reference: [105 number]
• DAO reference: [DAO number]

As at today’s date, no response has been received.

I request the Ombudsman’s assistance to ensure compliance with the Official Information Act 1982.

This complaint is made in good faith and for the purpose of administrative accountability.

STEP 3B – IF POLICE RESPOND (ANY FORM)

If Police respond:

• Forward the response to the Attorney’s Office immediately
• Do not reply directly to Police

The Attorney’s Office will:

• Review the response
• Identify defects or omissions
• Decide whether to:

– seek clarification

– challenge a refusal

– submit a further OIA

– escalate to the Ombudsman

SIMPLE EXAMPLES (WHY THIS MATTERS)

Example 1 – No reply:

Police ignore the OIA.

→ Ombudsman complaint.

→ Police are required to explain delay.

Example 2 – Refusal:

Police say information is withheld.

→ Attorney checks grounds.

→ Refusal overturned or narrowed.

Example 3 – Partial answer:

Police provide limited information.

→ Attorney submits targeted follow-up.

→ Further disclosure obtained.

IMPORTANT REMINDERS

• Silence is not compliance
• Rejection is not the end
• Process beats argument
• Patience produces results

SUMMARY FLOW

STEP 1 – 105 record

STEP 2 – OIA (wait 20 days)

IF NO RESPONSE → Ombudsman

IF RESPONSE → Attorney review

This keeps the process calm, lawful, and effective.