Improving the safety and security of New Zealand
through inter-agency partnerships
External Liaison and
Co-operation
Contents
1 Introduction......................................................... 3
1.1 Purpose............................................................................................ 3
1.2 Key assumptions............................................................................. 3
2 Guiding principles................................................. 3
2.1 Collegial approach........................................................................... 4
2.2 Information sharing....................................................................... 4
2.3 Operational co-operation................................................................ 5
3 Agency to agency relationships............................... 5
3.1 The past supports the future.......................................................... 5
3.2 Desire to work together.................................................................. 6
3.3 Formal vs. case-by-case relationships.......................................... 6
3.4 The way forward for OFCANZ........................................................ 7
4 Liaison and cooperation opportunities.................... 7
4.1 When and what............................................................................... 7
4.2 How.................................................................................................. 8
4.3 Who.................................................................................................. 8
5 Impacts................................................................ 8
5.1 Advantages and disadvantages..................................................... 8
5.2 Future action - if required............................................................. 8
1.1 Purpose
The document describes the high-level external liaison and co-operation process and approach for OFCANZ, from which more detailed policies and procedures will be developed, if needed.
1.2 Key assumptions
The processes described in this paper are based on five key assumptions:
· OFCANZ is primarily accountable for delivering the Government's desired outcomes for the new agency, while other agencies in the New Zealand public sector have key contributions to make in assisting OFCANZ towards that goal;
· Agencies are committed to the Cabinet directive that identifies OFCANZ as leading the whole of government approach to organised crime;
· Agencies are prepared to assist with planning, provide resources and share information to address organised criminal activities through OFCANZ to ensure the whole of government concept is delivered upon;
· OFCANZ, as a discrete but hosted agency in Police, will operate under any existing formal arrangements between Police and other agencies, unless it transpires that further formal arrangements are needed; and
· Agencies are prepared to share information in order to combat organised criminal activity, in accordance with the principles of the Privacy Act, or any specific legislation that may govern their sharing of information with other agencies.
In undertaking its activities and inter-actions with external agencies, OFCANZ will be guided by the following set of principles:
· Collegial approach;
· Sharing information in support of the 'need to share' concept when confronting organised criminal activity; and
· Co-operation in operational matters to ensure a multi-agency and multi-disciplinary approach is applied.
These principles are reflected in all the papers issued by the OFCANZ Establishment Team. The paper on Taskforce Operations (Organised Crime) specifically details how the principles will be applied in the OFCANZ operational environment.
An additional area where the guiding principles will apply is the relationship between the Police National Intelligence Centre (NIC) and OFCANZ. Being reliant upon the NIC for 'whole-of-government' intelligence products on organised crime, OFCANZ will do what it can to help the NIC build strong, reliable and trusted relationships with its intelligence partners.
2.1 Collegial approach
When developing and assessing the picture of the organised crime environment and determining what interventions OFCANZ and others should embark upon, OFCANZ will actively consult with other government agencies and international liaison partners that also play a role in combating organised criminal activity whether operationally or through regulatory / policy changes.
This liaison will build upon the existing relationships forged between these agencies and the NZ Police, and seek to draw upon the expertise and experience that resides in the wider law enforcement and regulatory community. OFCANZ will aim to strengthen further trust and co-operation between agencies.
This approach is outlined in greater detail in the OFCANZ papers related to the Tasking Framework, Prioritisation and Taskforce Operations.
2.2 Information sharing
As a general principle a 'need to share' approach will be taken by OFCANZ when it comes to information about organised crime and the activities of individuals and groups associated with it. OFCANZ will seek a similar approach in response by its partner agencies (both domestic and international).
This approach recognises that only through such sharing can the true nature and extent of organised crime be identified, and the right interventions determined and applied. OFCANZ will work to ensure that the flow of information concerning organised crime is a 'two-way-street' and that it contributes information back to partner and liaison agencies in the same way it will seek information to undertake its work.
Domestically, the specific provisions of the information privacy principles as set out in Section 6 of the Privacy Act 1993 (in particular Principle 11 - allowing disclosure to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences) will be used to facilitate and guide this sharing. Internationally, current relationships between NZ agencies and off-shore organisations focused on organised crime will be important to OFCANZ, as will the liaison officer network that NZ agencies currently maintain in various locations globally. OFCANZ will also foster robust and mutually beneficial working relationships with organisations in like minded countries which have organised crime as their primary focus - for example the SOCA (UK), RCMP (Canada), FBI (US) and the ACC (Australia).
OFCANZ's approach to information sharing, however, will take into account the issues of particular legislative restrictions, ownership and special caveats that may apply to certain information shared with the agency. OFCANZ will also ensure that sensitive information is handled and stored in accordance with any specific requirements that may apply to it. In all instances OFCANZ will work directly with providers to determine how best to manage particularly sensitive information.
Whilst applying the general information principle of 'need to share', it is accepted that in certain operational settings the 'need to know' principle will have to be applied to protect particularly sensitive activities and investigations.
2.3 Operational co-operation
Created as a multi-agency and multi-disciplinary response to organised criminal activity, OFCANZ will give life to these concepts in part through its taskforce operations. These will draw upon the knowledge, expertise and legislative mandates of its partner agencies. OFCANZ will also seek to include staff from the partner agencies as active taskforce participants through the entire taskforce life cycle. Furthermore, the right intervention to target an organised crime problem could come from a range of agencies, and it will be through co-operation that this will be achieved.
Co-operation will not be limited to domestic matters only. It is envisaged that some OFCANZ activities will be conducted in co-operation and co-ordination with international partners in order to address trans-national organised crime issues.
3 Agency to agency relationships
3.1 The past supports the future
OFCANZ's entrance into the organised crime arena is underpinned by a history of law enforcement and regulatory agencies working together to achieve joint outcomes. OFCANZ will add another partner - with a specific national leadership mandate and operating paradigm - to this already functioning set of relationships, with the potential to enhance these relationships even further through its mandate and approach.
OFCANZ has the advantage of being able to leverage off the current formal and case-by-case working relationships that the agencies have developed, and the inter-agency relationships that have been further fostered by the Combined Law Agencies Group (CLAG) process.
In incorporating the Serious Fraud Office (SFO) into OFCANZ, the relationships that they have built will also be available to OFCANZ, Police, and the wider law enforcement and regulatory community.
3.2 Desire to work together
It is clear from OFCANZ Establishment Team consultation with external agencies that there is a strong desire for co-ordinated and co-operative working relationships. The creation of OFCANZ is universally welcomed, as is the potential for the agency to offer yet more opportunities to effect real impacts on the organised crime environment confronting New Zealand.
A desire to work collaboratively and co-operatively has also been expressed by a number of international agencies.
3.3 Formal vs. case-by-case relationships
Two distinct sets of arrangements exist to enable the current working relationships between domestic agencies and OFCANZ's host, the NZ Police. One is founded on a formal Memorandum of Understanding process, and the other is a less formal case-by-case process where issues of mutual interest generate interactions of mutual benefit. Those agencies with a formal framework in place agree that these arrangements will support their working closely with OFCANZ.
Those agencies without a formal relationship, express comfort with working in partnership with OFCANZ on activities of mutual interest, and see no imperative at this time to embark upon developing a more formal arrangement.
3.4 The way forward for OFCANZ
In general, OFCANZ will work within existing Police / agency arrangements, and will not seek its own relationship documents unless a formal relationship is needed. It is anticipated that such situations will only surface, if in fact any do, once operational activity (planning, target development and operations) commences, and it will be then that any further action will be required. A shift would occur if relationship issues (including information sharing and resource provision) are encountered that case-by-case arrangements cannot resolve, or alternatively, if it is determined that a formal relationship would clarify respective roles, responsibilities and actions by joint parties to minimise risk.
OFCANZ will endeavour to resolve any relationship issues as close to the point of origin as possible, escalating matters through more formal channels and processes only if it is apparent that such an approach will be of assistance.
4 Liaison and cooperation opportunities
4.1 When and what
It is envisaged that a range of times and situations will exist when OFCANZ will need or wish to engage with partner agencies, and vice-versa. These will include situations ranging from on-going general liaison and cooperation through to specific taskforce operations. General liaison is most likely to involve occasions where staff from OFCANZ and external agencies come together 'as-required' to progress particular pieces of work. These situations are unlikely to be long-term in duration or to require the relocation of external agency staff into the OFCANZ work environment. They might include joint work on management issues such as performance reporting and organisational development through to operational issues such as information sharing.
In the case of taskforce operations - the nature of the relationship may well be different. Whilst some continuance of the 'as-required' liaison will no doubt occur - drawing upon the knowledge, skills and information that the agencies can contribute, some taskforce operations are expected to require external agency staff to contribute significantly to them. While it is not possible to specify exactly what this means in all cases at this time, it will no doubt range from situations where the external agency staff are able to contribute remotely (e.g. from their home agency work place), through to situations where staff will need to be co-located to work full-time within the taskforce's work place.
There also exists the opportunity for OFCANZ and partner agencies to consider the secondment of staff to OFCANZ.
4.2 How
From discussions with external agencies, it is apparent that the 'as-required' contribution process is very similar to what occurs now between the agencies in various multi-agency forums and activities. None see any difficultly with this and all express a willingness to contribute where they can add-value to OFCANZ's work. Provided the level of input required does not become onerous to any of the involved agencies, no formal mechanisms are suggested as being required to manage them beyond the guiding principles outlined earlier in this paper.
In cases where significant amounts of input are required, or where co-location of staff to a taskforce is necessary, more formal arrangements will need to be implemented, and the consensus is that appropriately worded secondment agreements should be used to cover such eventualities.
4.3 Who
The exact nature of specific partner agency input to OFCANZ work will be determined by the Focus Areas and what is being targeted through operational activity. The staff, and their requisite knowledge and skills, will therefore have to be determined on a case-by-case basis as work is undertaken and needs become clear. This will be something that can be agreed with partner agencies at appropriate times in the OFCANZ work cycle.
In the case of taskforce operations, it can be anticipated that experienced investigators, analysts and specialists (e.g. surveillance or forensic staff) will be sought. Again, the numbers and exact skill sets will be determined as each taskforce's terms of reference are developed and it begins operating.
5 Impacts
5.1 Advantages and disadvantages
This approach to external liaison and co-operation has the advantages of:
· Building on the status quo that partners are experienced in and comfortable with;
· Avoiding the potential for 'single agency capture' by ensuring a multi-agency / multi-disciplinary approach; and
· Requiring no or limited additional work during the OFCANZ establishment process.
5.2 Future action - if required
If at some future time, a requirement arose to move from a case-by-case relationship to a formal one, it is proposed that OFCANZ would seek the development of an instrument such as a Letter of Agreement or a Memorandum of Understanding (MoU) between the Director of OFCANZ, or the Commissioner and the Chief Executive of the agency concerned. Alternatively, as part of an existing MoU a specific annex concerning OFCANZ could be added to a NZ Police / agency arrangement.
In any situation where dispute resolution is required, and a formal instrument does not exist, OFCANZ will work with the agency concerned, as close as possible to the point of origin of the dispute, to reach an agreed outcome. These include the relationships to be developed by various senior managers in OFCANZ with their partner agency equivalents, the Taskforce Oversight Group (TOG), formal agency to agency consultation, and finally the ability to refer matters to the Police Commissioner and/or ODESC if all other options fail to produce a suitable result for all parties, or where strategic guidance is required.
John Beaglehole
OFCANZ Establishment Director
August 2008
