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The Police and other enforcement agencies
The Police and other enforcement agencies
What information does the Wanganui Computer hold about me?
How do I find out what information the Wanganui Computer holds about me?
Can my request be refused?
What if my request is refused for no reason?
How long is the information stored on the Wanganui Computer?
How do I request Personal Information from the police?
I have been charged with an offence. Can I see my police file?
What information does the Wanganui Computer hold about me?
The computer holds information from three agencies. They are: · The Justice Department (Department for Courts), which holds information about criminal convictions (including in the Youth Court), court hearings, fines, and other orders made against you; · The New Zealand Police, which holds information about firearms, deportation orders and overseas convictions; · The Land Transport Safety Authority, which holds information about demerit points and register of driver’s licences
How do I find out what information the Wanganui Computer holds about me?
You can make a request to any one of the above agencies. The agency may ask you to fill a special form with proof of identity. Depending on which agency you want information from, you can send your request to: · The Privacy Officer, Department for Courts, PO Box 2750, Wellington; or · The Privacy Officer, Police National Headquarters, PO Box 3017, Wellington; or · The Privacy Officer, LTSA, PO Box 27-459, Wellington
Can my request be refused?
Yes, an information request can be refused. The Privacy Act 1993 sets out limited reasons an agency may refuse your request, (see “Can I have access to my personal information?”). You must be told the reason for refusal. Some examples of reasonable refusals are: · If disclosure may interfere with the maintenance of the law (e.g. an investigation or the prevention of crime); or · The person is under 16, and the disclosure of the information would be contrary to their best interests; or · The request was silly, or the information requested is meaningless In addition, if you have been imprisoned for an offence, you do not have the right to see the information the police hold about your offence, sentencing or conviction.
What if my request is refused for no reason?
If your request is denied for no reason or without justification, then you have two possibilities: 1. You can complain to the Privacy Commissioner that there has been an interference with your privacy, and let them try and reach a settlement with the agency that holds the information 2. If the agency holding the information is a “public sector” agency (such as the police), you can take them directly to court and force them to disclose it although this would be time consuming and costly. You should contact your local Citizens Advice Bureau, or a Community Law Centre, or a lawyer for legal advice.
How long is the information stored on the Wanganui Computer?
The information is stored indefinitely. Do not forget you have the right to correct the information, or have your version of facts attached to any information held about you, (see “Can I correct my personal information?”).
How do I request Personal Information from the police?
There is no specific way in which you must make a request for personal information, but it is recommended that the application be in writing, so that a signed, dated copy of the request can be kept as evidence. The police cannot give out any information without proof of identity, and proof of request.
An example of a request to the police: Name Address (Incident that you are requesting information on) I (your name), request all the material and information regarding this matter, to be sent urgently to me (pursuant to the Privacy Act and the Official Information Act). Material and information including any reports, notes, memoranda, copies of any statements (signed or unsigned) and any other information on your files, should be sent to the above address. Your sincerely (your signature and date)
I have been charged with an offence. Can I see my police file?
Yes. You can request a copy of your file from the police before you go to court. You should do this in writing. See above example of a letter you might send to the police if you want a copy of your police file. Remember, you can get someone else like your lawyer or a parent to get your file on your behalf. But, you will need to authorise them in writing to do this, (see page 5 for an example of and authorisation).
Jeanierich |
Latest page update: made by Jeanierich
, Jul 19 2009, 11:44 PM EDT
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separate page-the police and other enforcement agencies
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