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Compliance with Land Transport Act

James Scott made this Official Information request to Auckland Transport

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From: James Scott

Dear Auckland Transport,

Section 139 (2)(a) - (d) of the Land Transport Act 1998 explains the legal means of serving an individual with an infringement notice.

On four occassions this year you have towed my vehicle and the infringement notice has been handed to me by a receptionist at the towing company.

I request the following information under the LGOIMA.

(1) Please explain how your current procedure of having a towing company representative hand me the infringement notice (on collection of the vehicle) complies with Section 139 (2) (a) - (d).

(2) In anticipation of you being unable to answer (1) above. What gives Auckland Transport the right to ignore legislation?

(3) How does an individual who has had four infringement notices served illegally deal with this issue? We are unable to pay or request a hearing with respect to an infringement notice which technically (and legally) has not been served.

Yours faithfully,

James.

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Mr Rodgers left an annotation ()

A word of warning James - if these tickets are anything like other infringement notices I've been involved with if you don't pay by the due date it gets handed to the Ministry of Justice (the Courts) and the enforcement agency, Auckland Transport washes their hands of the matter.

An infringement notice should allow you to ask for a hearing before the Court. You can either admit liability and beg mitigating circumstances or deny liability and argue your case.

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From: AT Official Information (AT)
Auckland Transport

Kia ora James,

Auckland Transport (AT) acknowledges receipt of your request for official
information dated 24 November 2019 about towing policy and procedure.

We hope to respond to your request as soon as possible, but not later than
13 January 2020. If we aren’t able to respond to your request by then, we
will notify you of an extension of that timeframe.

Your case is being managed by LGOIMA Business Partner Alison Hosey. If you
have any further queries, you can contact the team on (09) 355 3553 during
business hours, quoting Local Government Official Information request
number CAS-38405-B5R9S7.

Ngâ mihi,

Pablo | Customer Care Coordinator
Customer Care – Case Management
Auckland Transport
Private Bag 92250, Auckland 1142
P 09 355 3553 | E [1][email address] or
[2][email address]
[3]www.at.govt.nz
[4]cid:image008.jpg@01D4DF26.CF144370
[5]cid:image002.jpg@01D2927A.134A0850[6]cid:image003.jpg@01D2927A.134A0850 [7]cid:image004.jpg@01D2927A.134A0850 [8]cid:image005.jpg@01D2927A.134A0850[9]cid:image006.jpg@01D2927A.134A0850

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From: AT Official Information (AT)
Auckland Transport


Attachment Auckland Transport CAS 38405 B5R9S7.pdf
144K Download View as HTML


Kia ora James 

 

I’ve attached the official information you asked for

On 24/11/2019  you asked for information about AT's towing policy and
procedures.

 

I’ve attached a response from John Strawbridge, Parking Services and
Compliance Manager.

 

Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.

You can contact the Ombudsman at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.

 

If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.

 

Ngā mihi

Alison 

LGOIMA Business Partner 

Auckland Transport

20 Viaduct Harbour Avenue, Auckland 1010

[2]www.at.govt.nz

 

 

Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.

References

Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. file:///tmp/www.at.govt.nz

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From: James Scott

Dear AT Official Information (AT),

Please now provide the following information under the provisions of the LGOIMA.

1). An explanation as to why your enforcement officers don't simply attach infringement notices to vehicles in a basic manner such as under a windscreen wiper, so that they can not create a safety hazard even if the vehicle is subsequently towed.

2). Any Towing Policy or Policies related to the authorising of towing of vehicles.

3). Any Policies or Guidelines for the issue of Infringement Notices.

4). Any information shared between AT and tow operators including, but not limited to, Super City Towing. Please specifically include (if applicable) instructions to their tow operators to remove infringement notices after they are served for any reason.

5). Evidence of any requirement imposed upon tow operators to provide infringement notices to vehicle owners when they collect the vehicle, as opposed to simply re-attaching it to the vehicle.

6). All documentation related to the implementation and legality of a city bound bus lane on Sandringham Road between Mobil and New North Road.

7). An explanation as to why you bully individuals when you are clearly in breach of the law instead of just owning up to your unlawful process/procedure.

Yours sincerely,

James

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From: AT Official Information (AT)
Auckland Transport

Kia ora James,
 
Auckland Transport (AT) acknowledges receipt of your request for official
information dated 27 November 2019 about infringement notices and towing
policies.
 
We hope to respond to your request as soon as possible, but not later than
16 January 2020. If we aren’t able to respond to your request by then, we
will notify you of an extension of that timeframe.
 
Your case is being managed by LGOIMA Business Partner Cameron Kirchoff. If
you have any further queries, you can contact the team on (09) 355 3553
during business hours, quoting Local Government Official Information
request number CAS-41330-W9H5F9.
 
Ngā mihi,
 
Pablo | Customer Care Coordinator
Customer Care – Case Management
Auckland Transport
Private Bag 92250, Auckland 1142
P 09 355 3553 | E [email address] or
[email address]
[1]www.at.govt.nz
[2]cid:image008.jpg@01D4DF26.CF144370
[3]cid:image002.jpg@01D2927A.134A0850[4]cid:image003.jpg@01D2927A.134A0850 [5]cid:image004.jpg@01D2927A.134A0850 [6]cid:image005.jpg@01D2927A.134A0850[7]cid:image006.jpg@01D2927A.134A0850
 
 
 

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From: AT Official Information (AT)
Auckland Transport

Kia ora James 
 
I’m the LGOIMA Business Partner who’s looking into your official
information request
My name is Cameron and I’m a LGOIMA Business Partner at Auckland
Transport. I’m responsible for looking into the official information
request you made on 27/11/2019.

Auckland Transport is going to provide the requested information, however,
it is going to take us some time to finalize the response for release. We
estimate that it should be ready by 31 January 2020.
Please note that this is an extended time frame, due to the holiday
season, and we will endeavour to have this out to you sooner.
 
If you need to provide us with more information relevant to your request
or you have any questions, simply reply to this email leaving the subject
line as it is. We’ll make sure this information is added to your case.

Ngā mihi
Cameron 
LGOIMA Business Partner 
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
[2]https://at.govt.nz/media/383477/atlogo.jpg

 

Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.

References

Visible links
1. http://www.at.govt.nz/

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