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Ticket Quotas: Official Information Act Request

 

26th May 2004

Hon. George Hawkins
Minister of Police
Parliament Buildings
WELLINGTON

Dear Mr Hawkins

Official Information Requests re Police

In respect of all these requests, please supply data and reports in machine-readable and searchable form. Microsoft Excel and Word files are fine. Text format PDF files are acceptable but bit-image PDF files are not. Material can be emailed to me at ... . Thank-you for your assistance.

With regard to Police claims that there are no requirements for frontline staff to achieve quotas of traffic infringement notices, I have received complaints via general (non-traffic) police officers that this is a blatant lie to the public and that they have been ordered to spend less time on investigating crimes in order to issue more traffic infringement notices.

"It doesn't give us much faith that those on the eighth floor are really aware of what's happening, when they still deny the existence of ticket quotas. If they are deemed necessary, let's be honest about them." – Gregg O'Connor, Police News, August 2003.

We expect Police administration to be honest and competent, not a bunch of conspiratorial liars.

Therefore please supply:

1. All instructions or advice to the police from Cabinet or Ministers regarding traffic enforcement policy or levels of ticketing over the last five years,

2. All instructions from Police headquarters to Police districts regarding traffic enforcement policy or levels of ticketing over the last five years,

3. The numbers of traffic and general police in each Police district who have been cautioned for or advised by superiors that they were issuing too few traffic infringement notices over the last five years.

Thank you for your assistance.

Yours etc..

(FastAndSafe)

The NZ Official Information Act states that responses must be made in 20 working days but prescribes no penalties - the NZ Police have been identified in NZ Ombudsmen reports as the government department whose OIA responses generate the most complaints.

A mere 16 weeks later the Police had evidently decided how little they would release in reply ...

=====================

15 September 2004

Dear (FastAndSafe)

Thank you for your email first sent to the Minister of Police on 26 May 2004 requesting information about traffic enforcement policy over the last five years. Your request is in three parts which I will address in turn.

1. All instructions and advice to the Police from Cabinet or Ministers regarding traffic enforcement policy or levels of ticketing over the last five years.

No such documents exist. This part of your request is therefore refused under section 18(e) of the Official Information Act 1982.

2. All instructions from Police headquarters to police districts regarding traffic enforcement policy or levels of ticketing over the last five years.

I enclose pages from the New Zealand Police Departmental Forecast Reports, Statements of Intent and Road Safety programmes for relevant years setting out performance measures in relation to traffic enforcement. Note that the term "contact" as used in the Road Safety Programmes refers to verbal warnings, infringement and traffic offence notices issued (excluding traffic camera notices) and assistance given to motorists.

3. The numbers of traffic and general police in each police district who have been cautioned or advised by superiors that they were issuing too few traffic infringement notices over the last five years.

The Eastern District has cautioned one Highway Patrol member for poor performance. Part of the performance was a lack of tickets issued. Other districts do not keep such information.

You have the right under section 28(3) of the Official Information Act 1982, to ask the Ombudsman to review my decision if you are not satisfied with the way I have responded to your request

Yours sincerely

John W Kelly

Inspector
Operations Manager Road Policing Support

20th September 2004

Office of the Ombudsmen
PO Box 1960
Shortland Street
AUCKLAND

Dear Ombudsmen

Complaint re Official Information Request to Police

I wish to complain about what I feel is a cavalier disregard for the Official Information Act shown by the attached Police response to my Official Information Act request (also attached).

1. The OIA prescribes that responses should be made within 20 working days. The police response took 16 weeks during which time I received absolutely no communication from the police.

2. The OIA prescribes that responses should be made in the format requested by the requestor where feasible. My request asked that the replies be in computer-readable files. These were clearly available to the Police since in fact I find that the annual forecast documents that were attached to the reply are publicly available on the police website. However the police totally ignored my request and supplied only paper versions of their response.

3. The police response to my Request #1 is not credible for the reasons given below:

Request: 1. All instructions and advice to the Police from Cabinet or Ministers regarding traffic enforcement policy or levels of ticketing over the last five years.

Response: No such documents exist. This part of your request is therefore refused under section 18(e) of the Official Information Act 1982.

a) The Police Departmental Statement of Intent 2004 (of which a portion was provided in response to my OIA request: 2.) contains the following text on p35:

Forecast Financial Statements
Underlying Assumptions

These statements have been compiled on the basis of Government policies and the Police Output Plan agreed with the Minister of Police at the time the statements were finalised.

And on p42:

STATEMENT OF OBJECTIVES - OUTPUT PERFORMANCE

Police has agreed to provide output classes in 2004/05, which meet the requirements of its Vote Ministers and various purchasers in terms of their nature, timeliness, quality and quantity specifications, and cost. (GST exclusive)

There must be separate background and preparatory documentation both of government policies and of the police output plans on which the Statement of Intent is based. In fact, also in response to my Request #2 the police supplied excerpts from documents entitled “NZ Road Safety Programme” for each year. Presumably this document was part of the preparatory process and contained inputs from the Government Ministers.

b) There have been major changes in speed limit enforcement policy within the past five years. In particular, the Government introduced a new Highway Patrol at the end of 2000, and the police subsequently severely reduced tolerance levels to 10 kph above the posted speed limit. Also, the government considered introducing hidden speed cameras at the end of last year and instead removed the requirement for speed camera locations to be signposted. It is inconceivable these decisions occurred without correspondence and documentation from the Minister.

4. The police response to my Request #2 did not provide any instructions from police headquarters to police districts. It provided only the overall departmental police objective numbers. It is inconceivable that these are not broken down into sub-targets for each police district and for dedicated traffic police as opposed to general police. Neither is it conceivable that police headquarters do not provide direction and feedback to police districts as to methods and progress towards achieving the overall departmental objectives.

5. I find the response to my Request #3 quite incredible. We know from direct reports that general police in other districts have been heavily pressured to increase traffic ticketing rates and spend more time patrolling. The Police Departmental Forecast Reports for 2000/2001 specified an objective of 3+ “contacts” per hour for patrol staff. In 2001/2002 this was respecified as 3 per hour. In subsequent years no target has been made public, but privately we are told the same numeric benchmark target exists but “contacts” has been respecified to exclude warnings.

The issue of whether speed limit enforcement is effective, justified and soundly-based is of major public interest and affects very many citizens. The police expect to issue 830,000 – 950,000 speeding offence notices in the current year and this activity will consume at least 25% of their resources. We maintain a website at www.fastandsafe.org.nz which provides accurate factual information and poses important fact-based challenges to many policies and claims being made by LTSA and the police. We must have access to complete, timely and accurate official information in order to contribute to good public knowledge and decision-making.

I look forward to your support in this endeavour.

Yours sincerely

(FastAndSafe)
The Ombudsman reported on 4 November 2004 the following responses from Inspector Kelly, Manager Operations, Office of Commissioner of Police:
  1. The delay in responding to [FastAndSafe]'s request was due to a misunderstanding between two officers in the Office of the Commissioner who believed each had dealt with [FastAndSafe]'s request.  Unfortunately in the absence of follow up correspondence from [FastAndSafe] this was not identified for several months. [Actually several reminders were emailed to Ministers. Apparently they were not actioned - FASTANDSAFE] Once we identified this problem I sent an urgent response.  We apologise for the over-sight that led to this delay.
  2. It is unclear from [FastAndSafe]'s letter what material he wants in computer readable form.  We are happy to provide the material we can in computer readable form if he clarifies his request.  An option in this respect would be for him to discuss the matter directly with me to avoid any confusion.
  3. My response is correct.  The Commisioner does not receive policy advice that relates to operational matters from Cabinet or Ministers of the Crown.

    The Commissioner enters into an annual performance agreement with the Minister of Police and there is nothing contained therein that relates to traffic enforcement policy or ticketing over the last five years.

    In relation to traffic outputs purchased by Government, these are contained in brief in the Statement of Intent provided by Police to Government, and also in the annual Safety (Administration) Programme published by the Land Transport Safety Authority on behalf of the Ministry of Transport.  They are replicated within the appropriate output class within the Police Departmental Forecast Report or, in recent years, as contained in the output plan attached to the Statement of Intent.

    Changes in delivery style have been organised through the National Road Safety Committee which is chaireed by the Director of Land Transport Safety, and requests for NRSC papers should be directed to the Ministry of Transport.
     
  4. [FastAndSafe]'s disbelief does not change the facts.  There are no instructions of policy documents relating to traffic enforcement and levels of ticketing over the past five years.

    It seems that [FastAndSafe]'s complaint considerably expands and explains his original request.  His original request was for all instructions "from Police Headquarters to Police districts" but his complaint talks about breakdowns in information with regard to "sub-targets for each police district and for dedicated traffic police as opposed to general police".  If any such work is done it is done in the districts and not conveyed to districts in any instruction from the Office of the Commissioner.

    Road Policing Support in the office of the Commissioner provide feedback to the districts on a range of issues in each quarter.  These are not instructions but are reports on activities across a range of work.  They did not, therefore, fall within the ambit of [FastAndSafe]'s original request.

    Matters such as the Highway Patrol and changes to speed limit enforcement were driven from within Police and not within Government.

    In paragraph 5 of his letter [FastAndSafe] says "in subsequent years no target has been made public but privately we are told that the same numeric benchmark exists but "contacts" has been respecified to exclude warnings".  This statement is incorrect.  Some districts have guidelines around Police activity.  These guidelines are written and managed within the districts.  There has been no change to the definition of "contact".  A "contact" is distinctly different to a "ticket".  There is a possibility that the sources of information [FastAndSafe] refers to in paragraph 5 are inaccurate in a number of ways.

    As indicated earlier we are more than happy to co-operate with [FastAndSafe] but it seems the ground has shifted between his original request and the matters he now raises.  I am willing to meet with [FastAndSafe] and discuss these matters face to face so we can resolve these problems.
31st January 2005

Commissioner of Police
PO Box 3017
WELLINGTON

Dear Sir

Official Information Requests re Police

In respect of all these requests, please supply data and reports in machine-readable and searchable form. Microsoft Excel and Word files are fine. Text format PDF files are acceptable but bit-image PDF files are not. Material can be emailed to me at ... . Thank-you for your assistance.

1. In response to the Ombudsman last October, Inspector Kelly wrote:

[FastAndSafe]’s disbelief does not change the facts. There are no instructions or policy documents relating to traffic enforcement and levels of ticketing over the past five years.
 …
Matters such as the Highway Patrol and changes to speed limit enforcement were driven from within Police and not within Government.

Please reconcile these statements and provide a detailed explanation of how these changes were and are driven, and what documentation exists relating to that process at both policy and operational levels.

2. The police continue to mislead the public that rigid enforcement of speed limits via speed cameras and highway patrol radar/laser is effective in reducing the road toll.

This is unsupported by the facts across New Zealand and within all police districts as is shown on our website at www.fastandsafe.org and particularly in great detail on these pages using data obtained under OIA from the police, LTSA and ACC:

http://www.fastandsafe.org/site.aspx/Pages/Facts/RigidEnforcement/charts, http://www.fastandsafe.org/site.aspx/Pages/Facts/RigidEnforcement/index, http://www.fastandsafe.org/site.aspx/Pages/Facts/InjuryTrends/index, and http://www.fastandsafe.org/site.aspx/Pages/Facts/InjuryTrends/Dyson4Nov04.

Please detail what analysis has been made of these outcomes. Please advise why the police have failed properly to recognise and modify this catastrophically failing policy. Please advise what you intend to do about it now and why the public should maintain any faith in the integrity of the police.

Thank you for your assistance.

Yours sincerely

[FastAndSafe]

2 March 2005

Dear [FastAndSafe]

Official Information Request

I do not think there is anything to reconcile between the two statements. When put in their original context think you will see that what I was saying is that there were no instructions or policy documents, or anything else for that matter, from Government directing changes to speed enforcement.  That decision was taken within Police in light of international research which highlights the significance of speed as a factor in injury and fatal crashes.

I am happy to provide further documentation but I would ask you to be more specific about the nature of the material you seek.

The Police are not misleading the public.  Speed cameras and police enforcement are making a substantial contribution to the continued - albeit with its traditional peaks and troughs - reduction in the fatal road toll.  This is in the face of large increases in population, in vehicle fleet size and in kilometres travelled.

I have viewed the web pages you pointed us towards.  On the whole I would have to say that we prefer the work carried out by internationally renowned researchers who are specialists in the area of raod safety.

You work seems to be based on an increase in reported injuries since about 2000.  Dr Frith, in his letter of 8 October 2004, explained where that increase in reported injuries has come from but you seem to have rejected this explanation.  The fact is that Police were aware that staff attending crashes were not necessarily reporting them in the approved manner.  Accurate crash data is vital to Police in targeting risks on the road.  Around 2000 we started a drive to improve the picture we have of crashes in New Zealand.  The campaign has meant that more crashes have been reported and not necessarily that more have taken place.  Part of the campaign to report more crashes is that more injury crashes have been reported.  That is the explanation of the increase.

If you were right and there had been more actual injuries then one would have expected hospitalisations to follow the injuries.  However hospitalisations from motor vehicle crashes, where people have been hospitalised for a day or more, have continued to trend down - they have been following the actual and not the reported injuries.

The increase in reported injuries beginning about 2001 has not been followed by a surge in hospitalisations because there has been, in fact, no surge in injuries.

We might have expected, realistically, in the light of the population and vehicle fleet increases mentioned earlier, to have had an increase in deaths and injuries.  The fact that we have not graphically illustrates the success of our work.

We do not recognise the current policy is failing in any way.  An objective view of the campaign is that it is a success.

In previous correspondence, through the office of the Ombudsman, I indicated that I was happy to meet with you and discuss these issues.  I repeat this offer now.

Yours sincerely

John W Kelly
Inspector
Manager Operations
NZ Police

7th March 2005

Inspector Kelly
Manager Operations NZ Police
PO Box 3017
WELLINGTON

Dear Mr Kelly

Re: Your response of 2 March 2005 to my OIA Request of 1 February 2005

In respect of all these requests, please supply data and reports in machine-readable and searchable form. Microsoft Excel and Word files are fine. Text format PDF files are acceptable but bit-image PDF files are not. Material can be emailed to me at ... . Thank-you for your assistance.

1. You cite trends in hospitalisations but provide neither source nor data. Please advise the relevant source(s) you rely on and provide the data if you have it.

2. According to the ACC traffic injury claim statistics, new hospitalisation benefit claims rose sharply in the year ended June 1998, peaked at 719 for the year ended June 2000 and then declined slightly to around 600 per year currently. ACC also reported 13,250 other traffic injury (excluding hospitalisation) claims in the year ended June 2003, 15,150 in the following year and 12,260 back in the year ended June 2000.

LSTA/police reported about 14,270 injury accidents in calendar year 2003 compared with 11,740 back in the year ended June 2000.

There is a close match in numbers between the ACC claim data and the LTSA/police injury data until June 2000. There was a sharp divergence after June 2000 – the LTSA/Police data deviating firstly downwards, then upwards relative to the ACC claims. Hospitalisation claims are a very small (4%) fraction of total claims and injuries. Every ACC traffic injury claim type except hospitalisation increased since the year ended June 2000 and all the major ones had been previously declining.

Comparison of the ACC data with the police data shows that although there may have been a relatively small impact (around 10%) from police reporting changes after June 2000, the trend of NZ traffic injuries has clearly reversed from its former steady downward trend prior to that date. Your claim that the injury trends are realistically shown solely by the hospitalisation data is unsustainable. It is only a minor fraction of both ACC claims and expenditure on traffic injuries and did not anyway correlate with the injury trends over the six years of dual ACC/Police data we have prior to the introduction of the highway patrol.

Your seizing on a minor statistical event to justify your policies and ignoring the weight of counter evidence is sadly typical of NZ traffic police and LTSA culture. It is unacceptable – in fact, to use a current adjective, sick.

3. Is there any documentation of the implementation of the “drive to lift reporting rates” “around 2000”? If so, please supply this and all available information of how and when it was implemented in each police district. Please also supply any information on why the implementation impact may have been substantially different in Waikato and/or Southern police districts from the rest of New Zealand.

4. The police are indeed continually and seriously misleading the public. In addition to the analysis given above, I will quote you the following two recent disgraceful examples. There are many others, and many are fully detailed on our website.

Police Superintendent Steve Fitzgerald claimed recently on television that if the police had not instigated the highway patrol and rigid enforcement of speed limits from 2001, we would now have 600 deaths per year on our roads.

But in 2000 there were only 462 deaths, down from 740 in 1990 - a very steady reduction of around 4.6% per year over that decade. So by 2004 we could have had only 383 road deaths if the trend had continued unchanged. That is significantly fewer than the actual 435 we did have in 2004 and hugely less than the nonsensical 600 that Mr Fitzgerald grabbed out of thin air.

Deputy Commissioner Long told Denis Welch [Listener, March 5-11] that each kilometre [per hour] you reduce the mean speed saves 20-30 lives per year.

Again this is simply refuted by the facts. The three-fold increase in speeding tickets issued since the 2001 "speed kills" programme was introduced has reduced the average speeds significantly - on the open road from consistently in the range 102-103 km/h over the previous decade down to 98 km/h in 2003. There has been no reduction in fatalities. In fact, as shown above, fatalities trended higher while average speeds were reducing sharply. Moreover, in previous years, fatalities trended down while average speeds did not. The historic New Zealand data shows absolutely no correlation between average speed and fatalities.

When imported second-hand cars were permitted in the late 1980's and after the open road speed limit was raised to 100 km/h, road casualties began a long steady decline matching the improvements in vehicle and road qualities. This decline ended with the 2001 changes. Injuries have risen sharply as shown by both police crash statistics and ACC claim statistics. Fatalities have also deviated upwards rather than downwards.

The above statements made by two very senior police officers are just bare-faced lies.

5. Your claim that increases in population and vehicle fleets show your policy is working is equally and totally fallacious. The population and vehicle fleets were also increasing during the previous decade while the casualty trends were all downwards. There is no reason to believe there have been substantial permanent changes in the rate of increase of population or vehicle fleet after 2000. Neither is there any evidence that the three-fold increase in speeding tickets issued has had a beneficial effect. Instead the statistical evidence shows that the rigid enforcement policy has been detrimental to traffic safety.

6. There seems no useful purpose served by putting ourselves to the trouble and expense of meeting. I have no interest in police or LTSA opinions as the public and traffic safety policies would be better served by much less exposure to those opinions and much more exposure to accurate analysis of all the relevant facts. What you prefer to believe is quite irrelevant. What matters is what actually happens. The police must abandon their sick culture of deliberate, self-serving misrepresentation and take an objective, critical view of their own policies. When that happens, I would be happy to contribute.

7. However I do wish to obtain the documentation I requested on the development and implementation of traffic speed enforcement policy within the government and the police. It would be helpful if you could call me on ... at your convenience to discuss that matter.

Thank you for your assistance.

Yours sincerely

 [FastAndSafe]

 

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