Hello Justin

 

Thank you for your email and sorry for the delay in responding.

 

Please find the answers to your questions listed below:

1. What section of the LTA states that a person’s name and address/postal
address must be put on the register?

- [1]Regulation 4(1)(c) of the Land Transport (Motor Vehicle Registration
and Licensing) Regulations 2011

2. What section of the LTA states that details about the vehicle (wof
expiry/ rego expiry, engine number.. etc) must be put on the register?

- There’s nothing that specially states these things must be ‘put on the
register’ as such but in order to maintain the functions of the Registrar
and/or the functions of an enforcement agency then we must have a Register
with this information recorded however, there’s multiple references in
many locations to ‘maintaining regulatory functions’ see [2]s95 (f) of the
Land Transport Management Act 2003.

There is a reference to recording the inspection (record of determination)
outcome under [3]7.6 of the Land Transport Rule: Vehicle Standards
Compliance 2002. Other areas make generic references to ‘current evidence
of vehicle inspection’ see [4]s6 of the Land Transport Act 1998 or
[5]r11(e) which also makes a generic reference to ‘evidence related to the
motor vehicle’. The same goes for [6]r4 , that reg also has the general
statement ‘information, documents and evidence related to the motor
vehicle. [7]Regulation 5 talks about the motor vehicles particulars being
recorded on the register of motor vehicles before issuing a
certificate. [8]Regulation 59 allows the registrar to request such
information.

3. Section 241, subsection 7 of the LTA states that persons or classes of
persons can't have access to personal information if the person opts out,
but why can enforcement authorities still have unrestricted access?

- Motochek is simply a ‘portal’ and just accesses the Motor Vehicle
Register for certain information depending on your access level.
[9]Schedule 5 of the Privacy Act 1993 ‘Subject’ right to the bottom and
you’ll see Motor vehicles register then for local authorities see [10]s112
of the Privacy Act 1993

 

           - Also which the registered person choses to ‘opt-out’ this
doesn’t completely remove them from the process of ‘information release’
it simply means that the details are removed from the bulk data process
and must someone can still request their information by applying for it on
an Application for registered person details (MR31 form) before being
released (if released at all).

More information about the release of information can be found online at:
[11]https://www.nzta.govt.nz/vehicles/how-th....
The section titled ‘Further Protections’ explains ‘opting out’.

If you have any further queries, please feel free to reply to this email
or call us on 0800 108 809, Monday to Friday, between 8am and 6pm.

Kind regards

Zoe Watene / Senior Customer Response Representative

Customer Response Team
Regulatory Services

P 0800 108 809 / E [12][email address] / W [13]nzta.govt.nz

Waka Kotahi NZ Transport Agency

PALMERSTON NORTH OFFICE
Private Bag 11777, Palmerston North 4442, New Zealand
_________  _____________________________________________   

 

[14][IMG]                            [15][IMG] [16][IMG] [17][IMG]  

 

 

Original Message-----

From: Justin <[18][FOI #11405 email]>

Sent: Monday, 7 October 2019 9:04 PM

To: Official Correspondence <[19][NZTA request email]>

Subject: Official Information request - The Motor Vehicle Register

 

Dear New Zealand Transport Agency,

 

I would like to gather information regarding the sections of the Land
Transport Act that prescribe how information is stored on Motochek.

 

Questions:

 

1. What section of the LTA states that a persons name and address/postal
address must be put on the register?

 

2. What section of the LTA states that details about the vehicle (wof
expiry/ rego expiry, engine number.. etc) must be put on the register?

 

3. Section 241, subsection 7 of the LTA states that persons or classes of
persons can't have access to personal information if the person opts out,
but why can enforcement authorities still have unrestricted access?

 

Yours faithfully,

 

Justin

 

 

 

 

Find the latest transport news, information, and advice on our website:

[20]www.nzta.govt.nz

--------------------------------------------------------------------------

This email is only intended to be read by the named recipient.  It may
contain information which is confidential, proprietary or the subject of
legal privilege.  If you are not the intended recipient you must delete
this email and may not use any information contained in it.  Legal
privilege is not waived because you have read this email.

--------------------------------------------------------------------------

References

Visible links
1. http://www.legislation.govt.nz/regulatio...
2. http://legislation.govt.nz/act/public/20...
3. https://www.nzta.govt.nz/assets/resource...
4. http://www.legislation.govt.nz/act/publi...
5. http://www.legislation.govt.nz/regulatio...
6. http://www.legislation.govt.nz/regulatio...
7. http://www.legislation.govt.nz/regulatio...
8. http://www.legislation.govt.nz/regulatio...
9. http://www.legislation.govt.nz/act/publi...
10. http://www.legislation.govt.nz/act/publi...
11. https://www.nzta.govt.nz/vehicles/how-th...
12. mailto:[email address]
13. http://scanmail.trustwave.com/?c=2838&am...
14. https://www.nzta.govt.nz/
15. https://www.facebook.com/TransportAgency
16. https://twitter.com/nzta_news
17. http://www.youtube.com/user/NZTransportA...
18. mailto:[FOI #11405 email]
19. mailto:[NZTA request email]
20. http://www.nzta.govt.nz/

hide quoted sections