OPEN CORRESPONDENCE — PRE-PROCEEDINGS NOTICE

 

Your email of 16 August is acknowledged.

 

 

 

OPEN CORRESPONDENCE — PRE-PROCEEDINGS NOTICE

 

To:

Richard Chambers, Commissioner of Police

Carol Gordon, Chief Executive, Rangitīkei District Council

 

Re: Police involvement in Council debt enforcement — Brigitta Maas and David Mills

 

This is a formal request for records and notice of serious concerns concerning the apparent use of Police authority in connection with disputed Council rates, dog fees and related civil debt-enforcement matters.

 

The underlying debts and Council decisions have been questioned. Those questions required substantive answers. Police authority should not be used as a substitute for establishing a lawful debt or answering the matters raised.

 

Please provide the following.

 

1. Police involvement

 

Identify every request by Rangitīkei District Council, its officers, contractors or agents for Police involvement concerning Brigitta Maas, David Mills, their properties, rates, dog fees, debt collection or enforcement.

 

For each, identify:

 

* date;

* requester;

* purpose;

* information supplied to Police;

* Police decision-maker;

* action authorised; and

* legal or operational basis relied upon.

 

2. Statements concerning payment

 

Provide all records concerning any Police statement to the effect:

 

“Don’t make me put my blue uniform on and knock at your door,”

 

and/or that payment of rates and dog fees would make the matter “go away.”

 

If Police dispute that such statements were made, please state that expressly and identify the records relied upon.

 

3. 105 complaint

 

Provide the complete record of the 105 complaint concerning the allegedly false trespass report made by Mayor Andy Watson including:

 

* reference number;

* allegations recorded;

* investigation undertaken;

* evidence obtained;

* persons interviewed;

* outcome; and

* reasons for that outcome.

 

4. Firearms-related action

 

Identify the factual and evidential basis for every firearms-related order, action, restriction or renewal concerning Brigitta Maas or David Mills, including the decision-maker and information relied upon.

 

5. Affidavit and Court material

 

If Police or Council relied upon an affidavit, court proceeding, warrant, order or other judicial authority, identify it and provide:

 

* the affidavit or document;

* who made it;

* when it was sworn or created;

* when and where it was filed;

* evidence of service;

* the court proceeding and file number; and

* the record showing Police verified that authority before acting.

 

If no such record exists, please state that expressly.

 

6. Mayor’s statement

 

The Mayor is reported to have made a statement to the effect that his wife could “sleep safely at night.”

 

Without presently characterising that statement, it is capable of conveying a serious implication concerning safety or risk.

 

Please provide:

 

* the factual basis for that statement;

* any Police or Council risk assessment supporting it;

* any information concerning Brigitta Maas or David Mills supplied to the Mayor;

* the source of that information; and

* all related Police–Council communications.

 

If there was no evidential basis or risk assessment, please state that expressly.

 

7. Harm and review

 

Identify when Police and Council first became aware that these actions were alleged to be causing financial, property, reputational, legal or personal harm.

 

What review was then undertaken, by whom, and with what outcome?

 

8. Unanswered questions

 

Identify the substantive questions previously raised by Brigitta Maas and David Mills concerning rates, services, dog fees, liability and enforcement which had not been answered before Police involvement or enforcement occurred.

 

For each unanswered matter, state why enforcement activity proceeded before the question was substantively addressed.

 

Preservation

 

Police and Council are placed on notice to preserve all relevant records, including emails, texts, notebooks, body-worn or other recordings, 105 material, intelligence entries, risk assessments, firearms records, affidavits, warrant material, internal referrals, Council–Police communications, decision records and communications with contractors or debt-collection agents.

 

This preservation request is made having regard to the recordkeeping obligations imposed by the Public Records Act 2005, including the requirement for public offices and local authorities to create and maintain full and accurate records of their affairs. (Legislation NZ)

 

The requests to New Zealand Police are made under the Official Information Act 1982.

 

The requests to Rangitīkei District Council are made under the Local Government Official Information and Meetings Act 1987.

 

Please answer each numbered matter separately. Where no record exists, say so expressly.

 

This is open correspondence. All rights are reserved, including the right to rely upon this correspondence in any subsequent complaint, review or proceeding concerning notice, knowledge, decision-making, preservation of evidence and accountability.

 

Yours faithfully,

 

 

for and on behalf of the affected parties

David and Brigitta