Dear Sir/Madam

Introduction

The purpose of my complaint is to request that you look into what appears to be a failure by the Right
Honourable Stuart Nash, the Minister responsible for the New Zealand Police, to properly answer my
previous OIA request.

For your convenience, a transcript with dates and times has been assembled so you are able to follow my
points below—this is attached as “Annexure 1’. The original WhatsApp screen-shots are also made
available as ‘Annexure 2’. The original Official Information Act (OIA) request response is attached as
‘Annexure 3’.

Background

On 13 February 2020 I submitted an OIA to the office of Police Minister Stuart Nash. My OIA request was
as follows:

“A copy of any briefings that the police minister may have received from Police about my case and the
execution of a warrant against my address on 9 Jan 2020”.

“A copy of any private communications that the minister may have made about this matter with other
individuals, such as emails, phone calls, text messages, or WhatsApp communications in the month of
January 2020”.

A response from the Minister, in which he disclaimed that any such information existed, was received on 11
March 2020. The original Official Information Act (OIA) request response is attached as ‘Annexure 3’.

Current complaint:

Section 1.0 - Overview Of Ministers OIA Response

1.1 Upon reviewing information that I had received from ​[REDACTED]​ some months ago, it appears
there was information requested of the Minister which was not released in the OIA response (Annexure 3).
1.2 My OIA request is in two parts and was responded to in the same sequence by Police Minister
Nash. My OIA request is as follows:
1) “A copy of any briefings that the police minister may have received from Police about my case
and the execution of a warrant against my address on 9 Jan 2020”.​
2) “A copy of any private communications that the minister may have made about this matter with
other individuals, such as emails, phone calls, text messages, or WhatsApp communications in
the month of January 2020”.​
1.3 Concerning the first part of my request, the rationale given by Police Minister Stuart Nash for not
releasing the information was that it did not exist, he stated the following, and I quote “I have not received
any briefings that fall within the scope of your request” (Annexure 3).
1.4 Section 18(e)1 of the Official Information Act 1982 was then cited.
1.5 Concerning the second part of my request, the rationale given by Police Minister Stuart Nash for not
releasing the information was that it did not exist, he stated the following, and I quote “I have not made any
private communications that fall within the scope of your request” (Annexure 3).
1.6 Section 18(e) of the Official Information Act 1982 was then cited.

1
​http://www.legislation.govt.nz/act/public/1982/0156/latest/DLM65600.html
Section 2.0 - Police Briefings?

2.1 The following addresses the Minister's response to the first part of my OIA request in respect of the
Nash/​[REDACTED]​ transcript (Annexure 1).
2.2 The Police Minister Stuart Nash has claimed that he did not receive any briefings, however, if you
consider the following statements “10/01/20, 4:54 pm - Stuart Nash: Not much wider to be honest. We
made it relatively easy to keep collectables and heirloom weapons. ​I will find out the details ​(emphasis
added) of the case you have highlighted​.​ It just doesn’t sound right but ​I will check​.!” (Annexure 1) and;
“10/01/20, 4:58 pm - Stuart Nash: The reason why I don’t think this sounds right is that police just don’t
deploy 12 officer (sic) unless there is an immediate and identified threat. ​Hence the reason why I have
asked for details​. Will let you know” (Annexure 1) and;
“10/01/20, 5:00 pm - Stuart Nash: Okay. ​I will find out what was going on​” (Annexure 1). The previous
quotes imply that the Minister would have received a briefing, or briefings of some description, at some
point in time between the WhatsApp conversation and my OIA request.
2.3 Furthermore, given the high level media interest in this case, it is unlikely that the Police Minister
would not have requested or received a briefing on the warrant executed at my house on 9 January 2020.
Please find in the footnotes three mainstream news publications concerning the warrant executed at my
address2 3 4.
2.4 I require the details of any and all briefings to Police Minister Nash regarding the warrant executed
by police at my home address on 9 January 2020.
2.5 It is submitted that the Police Minister has acted in bad faith and should be obligated to disclose
briefings made to him by police concerning the warrant executed at my home address on 9 January 2020.
2.6 I request that the Ombudsman investigate the Police Minister Stuart Nash for his bad faith conduct
in this matter, and that the Ombudsman acquire any briefings made to the Minister concerning the warrant
executed at my home address on 9 January 2020.

Section 3.0 - Private Communications

3.1 Concerning the response to the second part of my OIA request in respect of the Nash/​[REDACTED]
WhatsApp conversation (Annexure 2).
3.2 The Police Minister in his OIA response denied engaging in any private communications (including
WhatsApp). However, as evidenced, is a WhatsApp communication dated 10 and 11 January 2020
concerning the warrant executed by police at my home address (Annexure 2).
3.3 It is submitted that the Police Minister has acted in bad faith and should be obligated to disclose
other private communications made to him by police concerning the warrant executed at my home address
on 9 January 2020.
3.4 I request that the Ombudsman investigate the Police Minister Stuart Nash for his bad faith conduct
in this matter, and that the Ombudsman acquire any private communications made by the Minister
concerning the warrant executed at my home address on 9 January 2020.

Section 4.0 - Police Minister’s attitude to OIA requests

2
​https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12299600
3

https://www.newshub.co.nz/home/politics/2020/01/act-leader-david-seymour-calls-police-raid-on-right-wing-
gun-owner-deeply-disturbing.html
4

https://www.rnz.co.nz/news/national/407097/far-right-activist-s-house-raided-over-suspected-illegal-firearm
4.1 In the WhatsApp conversation (Annexure 1 & 2) ​[REDACTED]​ indicated that he would be making a
number of OIA requests concerning the warrant executed at my home address.
4.2 The Police Minister’s response to ​[REDACTED]​ was, and I quote “11/01/20, 5:16 pm - Stuart Nash:
Go hard re your OIA as you will get nothing.​ I know you don’t like to (sic) police, but they are better than
that” (Annexure 1).
4.3 What did the Police Minister mean by, and I quote “​Go hard re your OIA as you will get nothing”?
The response by the Minister to the journalist ​[REDACTED]​ may indicate that the outcome of any potential
OIA request concerning the warrant executed at my home address was already predetermined—especially
when one considers the contents of the WhatsApp conversation, and denial of its existence by the Minister
(Annexure 2).
4.4 I submit that the response by Police Minister Stuart Nash is unlawful (see section 5.0), and at the
very least is a breach of conduct required by Ministers as outlined in section 2.56 of the ​Cabinet Manual
20175 ​which states the following:
“In all these roles and at all times, Ministers are expected to act lawfully and to behave in a way that
upholds, and is seen to uphold, the highest ethical standards. This includes exercising a professional
approach and good judgement in their interactions with the public and officials, and in all their
communications, personal and professional. Ultimately, Ministers are accountable to the Prime Minister for
their behaviour”.
4.6 Although the ​Cabinet Manual 2017 h ​ as no statutory origin and is not regarded as legally
enforceable, the Court does recognise them as an expression of the duties of Ministers, please refer to
Field v R6.

Section 5.0 - Ministerial “Bad Faith”

5.1 Section 48 (1)(a)7 of the Official Information Act 1982 states the following “​Where any official
information is made available in ​good faith​ pursuant to this Act no proceedings, civil or criminal, shall lie
against the Crown or any other person in respect of the making available of that information, or for any
consequences that follow from the making available of that information”.
5.2 It is submitted that the Minister, by denying the existence of a WhatsApp conversation, and
considering section 2.2 above, where he indicated he would ascertain details about the warrant executed at
my home address (yet denied in the OIA response), has acted in ​bad faith.
5.3 ​ civil or criminal proceeding can not be brought against the “Crown or any other
If in ​good faith a
person” for an OIA response, then a response made in ​bad faith w ​ ould warrant, at the very least, an
investigation.
5.4 It is submitted that the Police Minister’s OIA response is made in ​bad faith a ​ nd is unlawful for the
following reasons:
1) It is unlikely the WhatsApp conversation (Annexure 2) would have been forgotten. It was conducted
over two days and it involved an award winning journalist ​[REDACTED]8.
2) Briefings were likely to have occurred before my OIA request as indicated by the Police Minister’s
statements to ​[REDACTED]​. As previously mentioned above in section 2.3 and footnotes 2, 3, and 4
the warrant executed by the New Zealand Police at my address was widely publicised, and unlikely
to have been forgotten.
3) Stuart Nash is the Police Minister and would have received a briefing from police of an event that
received nation wide media attention.

Conclusion

5
​https://dpmc.govt.nz/sites/default/files/2017-06/cabinet-manual-2017.pdf
6
​Field v R​ [2010] NZCA 556 at [23], and [25]–[27].
7
​http://www.legislation.govt.nz/act/public/1982/0156/latest/DLM65912.html
8
​[REDACTED]
It is submitted that the Police Minister, in both facets of his OIA response, has acted in bad faith. It is
respectfully requested that the Ombudsman personally investigate and revisit my original request of the
Minister as follows:
1) “A copy of any briefings that the police minister may have received from Police about my
case and the execution of a warrant against my address on 9 Jan 2020”.​
2) “A copy of any private communications that the minister may have made about this
matter with other individuals, such as emails, phone calls, text messages, or WhatsApp
communications in the month of January 2020”.​

I respectfully implore the Ombudsman to act with the utmost urgency as I have a civil case against the
New Zealand Police in the Auckland District Court concerning a breach of my right to privacy. Any
information regarding the warrant executed at my home address on 9 January 2020 is needed to
uphold fundamental civil liberties not only for myself, but all New Zealanders that expect a
well-functioning civil society.

Yours Sincerely

Dieuwe (Dirk) de Boer

Documents 
● [REDACTED]​ ‘Annexure 1’
● [REDACTED]​ ‘Annexure 2’
● [REDACTED]​ ‘Annexure 3’