MISCELLANEOUS INFORMATION.

New Zealand Police Gazette, Volume LX, Issue 46, 20 November 1935, Page 683

MISCELLANEOUS INFORMATION.

Police Examinations, 1935. Examination Qualifying for Rank of Sergeant. No 2810. Constable Sutherland, Ronald James, having previously passed the Matriculation and Solicitors’ General Knowledge Examination, is deemed in terms of Regulation No. 417 to have completed the examination qualifying for the rank of Sergeant. The entry in Police Gazette, 1935, page 664, should be amended accordingly. W. G. Wohlmann, Commissioner of Police. Wellington, 18th November, 1935. Memorandum.] f Evidence of Officers of Police in Civil Actions. 1. The following instructions are issued in consequence of recent developments connected with traffic accidents on public roads, and more particularly with inquiries made in the interests of insurance companies supporting the defence of actions under the Motor-vehicles Insurance (Third-party Risks) Act, 1928 ; but are applicable to ofner kinds of action. They are to be followed pending a injure certain elucidation of the position by authoritative legapuecisions. 2. A member of the Police Forcpis compellable to the same extent as any other individual tpuestify to matters of objective fact directly observed by him, such as the movemepfs and positions of persons and vehicles, and whether the/observations were casual or /Alien by formal measurement. He should, however, not Attend except under subppmia and when subpoenaed Immediately inform his/superior officer of the fact. Without the authority of the officer in charge of the district/he should not beforehand permit a proof of his evidence/to be taken or in any wavgndicate what evidence he can furmsh. / 3. Information coming to the Knowledge of an officer in his capacity as a servant of kne Crown, and not such as might have been gathered bWany individual who was in the same place at the same time, is, however, subject to a claim of State privilege on the ground of public policy. It is a matter for the politicapor administrative head of the Department to decide in any particular case whether the public interest requires that the claim of privilege should or should not be made. It is considered that no distinction can be drawn between privileged information that has been put into documentary form and such as remains only in the memory of the person who obtained it.

4. Documents capable of being the subject of privilege may be classified into those emanating from and retained in the Department and those emanating from the public. Information emanating from members of the public may be classified thus:—

(1) The bare fact that one or more statements have been obtained; (2) The identity of the persons furnishing statements ; (3) The effect of the statements ; (4) The actual text of a statement if reduced to writing and signed by the person making it; and (5) The text of a statement written out by the officer and not signed, which is in effect a report to a superior officer.

5. In the case of documents emanating from and retained in the Department, comprising (in general) reports, minutes, and instructions, whether from an inferior officer to his superior, or vice versa, or passing between officers of equal rank, the ground of privilege is to preserve freedom of confidential communication without fear of publicity. It is considered that in the class of cases now under consideration there is hardly any instance in which the rigid rule of claiming privilege should be relaxed.

6. In the case of information from the public, the ground of the privilege is to ensure that such information will in future cases be freely and frankly given. 7. It may sometimes be that knowledge even of the fact that a statement has been obtained will enable the inquirer to divine who gave it, and to infer its purport, and so amount to a disclosure of privileged information. In the present class of cases, however, this is not a very serious point. There is therefore no objection to communicating to parties interested the fact that statements have been obtained or (as the case may be) that no statements have been obtained. 8. It has been the practice to go further and supply the names of persons from whom statements have been taken. As this practice has not been observed to militate against the obtaining of frank statements, it is decided that it may be continued. The names of such persons may be given to responsible inquirers— i.e., parties to an action or contemplated action, and their solicitors may be stated by officers in the witness-box, if the question is asked.

9. Neither the terms of a statement nor the text of a statement should be communicated without the authority of the Commissioner. Inquirers should be asked to put their application in writing, and be told that the application will be forwarded to the Commissioner.

10. As a protection to officers pressed to furnish information, the identity of officers of police who have made investigations is to be concealed as far as possible. The information indicated in paragraphs 7 and 8 above should, therefore, be furnished only by the officer in charge of the district.

11. Custody of files : It is considered that files originating in and retained by Head Office, and files originating in a district but sent to and for the time being retained by Head Office, would in law be held to be in the discretionary custody of the Commissioner. All other files, it is understood, would, in view of the way in which the Department is organized, be held to be in the discretionary control of the officer in charge of the district. Any person seeking production of files should be informed accordingly.

12. Subpoenas to produce : An officer of police not being the officer in charge of the district, if served with a subpoena duces tecum, should at once inform the party issuing the subpoena that the documents are not in his custody, and that they are in the custody of the officer in charge of the district, and notify his superior officer. An officer in charge of a district so served will immediately forward the subpoena, the file, and his own report to the Commissioner, to enable the question of claiming privilege to be gone into; this will be done even if the date of service allows insufficient time for the file to be returned by the date of hearing. In such a case the officer will inform the party calling him and attend the Court, and inform the Court of his action. 13. Where privilege is claimed for the contents of a document, any attempt to elicit secondary evidence— -i.e., viva voce evidence of its contentsis to be resisted. Where necessary, counsel for the Crown will be instructed to appear for the protection of the witness. It is advisable that members of the Force should not, prior to going to Court, peruse state-

ments taken from the public which they may be tempted to repeat in Court. Nor should they have even physical custody of a file in issue. Physical as well as discretionary custody of such a file should be retained by the officer in charge of the district.

14. In the case in which a statement has been elicited under an express seal of confidence this should be clearly stated in the report, as it is considered to be a material point in deciding whether disclosure should be granted or withheld. W. G. Wohlmann, Commissioner of Police. Wellington, 13th November, 1935.

Memorandum.] Collection of Agricultural and Pastoral Statistics.

The collection of Agricultural and Pastoral Statistics for the coming year will be wholly undertaken by the police. For this purpose members of the Force in charge of stations will be appointed sub-enumerators for their respective subdistricts. Each sub-enumerator shall be responsible for the collection of returns for all holdings in his sub-district that come within the scope of the inquiry. The collection will commence in February or March according to locality, and will be completed as early as circumstances permit without undue interference with police duties. Lists of occupiers of holdings as returned previously will be supplied by the Government Statistician to sub-enumerators for their guidance in tracing holdings. Sub-enumerators are, however, to ascertain locally any changes of occupancy of holdings.

Sub-enumerators shallcollect returns personally from occupiers within easy reach without incurring any expenditure on account of meals or locomotion. In other cases the schedules are to be posted or otherwise distributed by subenumerators to occupiers for completion and return.

Particulars on schedules shall be scrutinized by subenumerators and transcribed into collection-books for dispatch to the Government Statistician.

For their services in checking lists, distributing and collecting schedules, and posting the details into the collectionbooks, sub-enumerators will be paid 3d. per schedule collected (less 10 per cent, deduction under National Expenditure Adjustment Act, 1932, plus 5 per cent, addition under Finance Act, 1934 (No. 2), and a further addition of 7|- per cent, in accordance with the provisions of the Finance Act, 1935). Payment will be made by the Government Statistician to the sub-enumerator on completion of the collection in his sub-district.

No payment for meals or locomotion expenses will be made, as it is expected that all returns that cannot be obtained during the ordinary course of police duty will be collected by post. It is desirable, however, that enumerators should get in touch with as many occupiers as possible and personally collect particulars from them to ensure accuracy of the returns.

Stamps required for postage or for payment of postage on schedules received from occupiers or for any necessary toll calls are to be requisitioned for on the local Postmaster, the Police Officer to sign as Sub-enumerator of Agricultural and Pastoral Statistics, and to make the claim chargeable to the Census and Statistics Office.

Correspondence on ordinary routine matters in connection with the collection shall be direct between the Government Statistician and the sub-enumerators. Communications regarding special points which may affect the Police Department shall be made through the usual police channels. A supply of books, schedules, and envelopes, together with full instructions as to the method of collecting and posting the returns, will be issued to sub-enemerators by the Government Statistician.

This Department has in the interests of economy agreed to the work being undertaken entirely by the police without the engagement of civilians in any district, and the co-operation of the members of the Force concerned is requested to make the returns as complete and accurate as possible. W. G. Wohlmann, Commissioner of Police. Wellington, 13th November, 1935. (P. 35/33.) if

of tried. When. Offence. Sentence. Native Trade. Born. Height. Complexion. Hair. Byes. Nose. Distinguishing Bruce Ian Palmerston 24/10/35 obstruction wilfully placing probation N. 1916 in. 3 fresh brown blue-grey medium F.P.Weak eyes in railway on endanger to rail-safety placed way railway on • Manly Palmerston 24/10/35 actual so probation Zealand labourer 1913 6| 5 fresh dark hazel medium P.P. One bodily harm Scar on right testicle and on left elbow. P.P. Augustine Palmerston N. 24/10/35 cattle-stealing 6 months N. Zealand farmer 1909 5 9 fresh brown brown .. medium.. George . Palmerston Palmerston 24/10/35 25/10/35 theft from dwelling 1 year .. N. Zealand labourer 1903 5 10 fresh brown, curly blue medium.. Strong build ; mole on right side of face. (See P.G., 1925, p. 720.) 25/10/35 bodily harm cattle-stealing 6 months N. Zealand farmer 1909 5 9 fresh brown brown .. medium.. Scar on right testicle and on left elbow. P.P. Palmerston N. theft from dwelling 1 year .. N. Zealand labourer 1903 5 10 fresh brown, curly blue medium.. Strong build ; mole on right side of face. (See P.G., 1925, p. 720.) Patrick McGinn, . Timaru 15/10/35 breaking, entering, and theft acquitted N. Zealand labourer 1891 5 5J fresh brown, going blue medium.. Left eye missing ; scar on forehead. (See P.G., Thomas .Vincent, Timaru Timaru 17/10/35 (2 charges) causing death by negligent fined £25, license N. Zealand storekeeper 1900 5 10 fresh bald fair blue medium.. 1931, p. 496.) Scar on left side of forehead ; badge and 44037 driving cancelled, and on right forearm. disquali fied from holding license for 1 year after current licensing year Timaru 15/10/35 17/10/35 breaking, entering, and theft (2 charges) causing death by negligent acquitted fined £25, license N. Zealand N. Zealand labourer storekeeper 1891 1900 5 5J 5 10 fresh fresh brown, going bald fair blue blue medium.. medium.. Left eye missing ; scar on forehead. (See P.G., 1931, p. 496.) Scar on left side of forehead ; badge and 44037 driving cancelled, and disquali fied from holding license for on right forearm. 1 year after current licens- * ing year Walter Timaru 16/10/35 murder . be Zealand labourer 1909 6 dark brown blue medium F.P unable to plead ; detained in / / / 4 f r"y Z> Hospital pleasure ofMinister is known blue medium L 2 / / £ blue medium Madeline Dunedin 15/10/35 and ; 2 years in Borstal N. Zealand domestic 1916 4 10* fresh dark brown.. Institution o n . 2 years in Borstal N. Zealand domestic 1916 4 10* fresh dark brown.. Institution o n Arthur Dunedin indecent each months Zealand N. labourer 1867 5 fair grey grey . medium P.G., left. than 328.) p. Brunton, Littlejohn Dunedin 21/10/35 postal-notes receiving 9 Scotland .. labourer 1903 9 fresh brown brown medium. on P.G., mole on ; and p. Hurring, Maurice James Dunedin 21/10/35 stolen property months’ 9 N. engine-driver 1902 9 sallow dark hazel medium. andHeart, clasped right head on right clasped ; tombstone, and butterfly on left forearm: fern on left wrist. F.P. Photo at Dunedin, 26/10/35. •' •; <lu i. .; tombstone, and butterfly on left forearm : fern on left wrist. F.P. Photo at Dunedin, 26/10/35. )

RETURN OF PERSONS DEALT WITH AT SUPREME COURTS. (For Index, see General Index.)