Palmerston North Office
Private Bag 11777
Palmerston North 4442
New Zealand
2 September 2019
www.nzta.govt.nz
Grace Haden
[FYI request #10801 email]
OIA-550
Dear Grace
Thank you for your emails of 24 July 2019 to the Ministry of Transport regarding authorised access to the Motor
Vehicle Register (MVR) under section 241 (S241) of the Land Transport Act 1998 (the LTA). As the Agency
responsible for maintaining and auditing S241 access your request has been transferred to the NZ Transport
Agency for response. You have requested the follow ing information under the Official Information Act 1982 (the
Act):
- How many times in 2017 and 2018 did Wilson Parking access the Motor Vehicle Register?
- How does the Ministry of Transport audit compliance w ith the requirements of this notice?
-What are the terms and conditions referred to in section (j) of the notice , if this involves the provision of
an annual return - I request a copy of the annual report for 2017 and 2018 that Wilson Parking is required
to provide to the Ministry in section (j) of the notice.
The access has been granted to Wilson Parking New Zealand Limited, does this also include other
companies w hich use the trading name Wilson Parking New Zealand Limited as show n in the companies
register .
w hat requirement is there for Wilson Parking New Zealand Limited to provide a contract to the property
ow ner of land w hich they " manage" parking on:
could you please provide a copy of the records specified in section h if this is not available due to
privacy concerns please redact the car registration numbers and show the date and purpose
On the 27 August 2019 the Transport Agency extended your request by 5 w orking days because on the consultation
necessary to make a decision on your request. I w il answ er your questions in turn below .
Question one: How many times in 2017 and 2018 did Wilson Parking access the Motor Vehicle Register?
Please refer to OIA-5508 Data in the attached excel spreadsheet.
Question tw o: How does the Ministry of Transport audit compliance w ith the requirements of this notice?
The Transport Agency is responsible for administering authorisations under section 241 of the LTA. As of May 2019,
the Transport Agency provides a quarterly report to the Ministry of Transport w hich outlines S241 application
statistics and details of any breach of authorisation. Al breaches are thoroughly investigated, and the appropriate
action is taken.
Question three: What are the terms and conditions referred to in section (j) of the notice , if this involves the
provision of an annual return - I request a copy of the annual report for 2017 and 2018 that Wilson Parking is
required to provide to the Ministry in section (j) of the notice.
We have interpreted section (j) to be condition (i) of the Gazette notice. The terms & conditions in w hich Wilson
Parking NZ Limited signed and agreed to access the requested information can be found on the Motochek
application form here: https://w w w .nzta.govt.nz/assets/Vehicles/docs/Motochek/Motochek-application-form.pdf.
As the provision of an annual return is not outlined in the terms & conditions I am refusing this part of your request
under 18(g) of the Act because the information requested is not held by the department or Minister of the Crow n or
organisation and the person dealing w ith the request has no grounds for believing that the information is either—
(i) held by another department or Minister of the Crow n or organisation, or by a local authority; or
(i ) connected more closely w ith the functions of another department or Minister of the Crow n or organisation or of
a local authority.
Question four: The access has been granted to Wilson Parking New Zealand Limited, does this also include
other companies w hich use the trading name Wilson Parking New Zealand Limited as show n in the companies
register.
Access is only granted to the entity that has applied. If anyone acts on behalf of Wilson Parking New Zealand
Limited, they w il need to apply for their ow n individual access.
Question five: w hat requirement is there for Wilson Parking New Zealand Limited to provide a contract to the
property ow ner of land w hich they " manage" parking on
There is no requirement under the LTA.
Question six: could you please provide a copy of the records specified in section h if this is not available due
to privacy concerns please redact the car registration numbers and show the date and purpose
Section(h) stipulates transaction records are to be provided to the Transport Agency on request. The Transport
Agency has not yet requested this information from Wilson Parking NZ Limited and therefore I am refusing your
request under section 18(g) of the Act because that the information requested is not held by the department or
Minister of the Crow n or organisation and the person dealing w ith the request has no grounds for believing that the
information is either—
(i) held by another department or Minister of the Crow n or organisation, or by a local authority; or
(i ) connected more closely w ith the functions of another department or Minister of the Crow n or organisation or of
a local authority
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision to extend this request.
The contact details for the Ombudsman can be located at
w w w.ombudsman.parliament.nz
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If you w ould like to discuss this matter further w ith the Transport Agency you are w elcome to contact Chelsea
Wehipeihana, Customer Advisor - Ministerials, at chelsea.w [email address] or on 0800 108 809.
Yours sincerely
Michelle Charlton
Senior Manager, Customer Services
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