Compliance with Land Transport Act

[User 7569 name removed] (Account suspended) made this Official Information request to Auckland Transport

The request was successful.

From: [User 7569 name removed] (Account suspended)

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,

[User 7569 name removed].

Link to this

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.

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed] <[FOI #11717 email]>
Sent: Sunday, 24 November 2019 5:51 p.m.
To: AT Official Information (AT) <[email address]>
Subject: Official Information request - Compliance with Land Transport Act

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,

[User 7569 name removed].

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

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[10][FOI #11717 email]

Is [11][Auckland Transport request email] the wrong address for Official
Information requests to Auckland Transport? If so, please contact us using
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If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

show quoted sections

Link to this

From: AT Official Information (AT)
Auckland Transport


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


Kia ora [User 7569 name removed] 

 

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

Link to this

From: [User 7569 name removed] (Account suspended)

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,

[User 7569 name removed]

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed] <[FOI #11717 email]>
Sent: Wednesday, 27 November 2019 10:47 p.m.
To: AT Official Information (AT) <[email address]>
Subject: Re: Here’s the official information you asked for (case number
CAS-38405-B5R9S7 ) CRM:0006y
 
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,
 
[User 7569 name removed]
 

show quoted sections

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed] 
 
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/

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed] <[FOI #11717 email]> 
Sent: Wednesday, 27 November 2019 10:47 p.m.
To: AT Official Information (AT) <[email address]>
Subject: Re: Here’s the official information you asked for (case number
CAS-38405-B5R9S7 ) CRM:0006y

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.

4a). Any information shared between AT and tow operators including, but
not limited to, Super City Towing.
4b). 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,

[User 7569 name removed]

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/

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed] <[FOI #11717 email]> 
Sent: Wednesday, 27 November 2019 10:47 p.m.
To: AT Official Information (AT) <[email address]>
Subject: Re: Here’s the official information you asked for (case number
CAS-38405-B5R9S7 ) CRM:0006y

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.

4a). Any information shared between AT and tow operators including, but
not limited to, Super City Towing.
4b). 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,

[User 7569 name removed]

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/

Link to this

From: AT Official Information (AT)
Auckland Transport

Hi [User 7569 name removed] <[FOI #11717 email]> 
Sent: Wednesday, 27 November 2019 10:47 p.m.
To: AT Official Information (AT) <[email address]>
Subject: Re: Here’s the official information you asked for (case number
CAS-38405-B5R9S7 ) CRM:0006y

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.

4a). Any information shared between AT and tow operators including, but
not limited to, Super City Towing.
4b). 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,

[User 7569 name removed]

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/
2. http://www.at.govt.nz/

Link to this

From: [User 7569 name removed] (Account suspended)

Dear AT Official Information (AT),

Thank you for your email.

I accept that the request is unecessarily broad. Please refine that part of the request only, to read:

"A copy of any contract(s) for towing services between AT and Super City Towing.

In addition, if it is not covered in any contract(s), please provide a copy of any instructions or conditions provided by AT to Super City Towing, which Super City Towing must comply with when providing towing services to AT."

Yours sincerely,

[User 7569 name removed]

Link to this

From: AT Official Information (AT)
Auckland Transport

Hi [User 7569 name removed]

show quoted sections

Link to this

From: AT Official Information (AT)
Auckland Transport

Kia ora [User 7569 name removed],

 

I’ve attached the official information you asked for
 

On 27 November 2019  you asked for information about infringement notices
and towing policies.

 

Please click on the below link which includes a letter from Phil Wratt,
Engagement Manager - Customer Care, in response:
[1]LGOIMA letter and information

 

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 [2]www.ombudsman.parliament.nz or
freephone 0800 802 602.

 

Ngā mihi

Nicole 

LGOIMA Business Partner 

 

Auckland Transport

20 Viaduct Harbour Avenue, Auckland 1010

[3]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. https://aucklandtransport.sharepoint.com...
2. file:///tmp/www.ombudsman.parliament.nz
3. file:///tmp/www.at.govt.nz

Link to this

From: [User 7569 name removed] (Account suspended)

Dear AT Official Information (AT),

I need to refer back to this information. Please reshare the link.

Regards

[User 7569 name removed]

Link to this

From: AT Official Information (AT)
Auckland Transport


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Good afternoon [User 7569 name removed] <[11][FOI #11717 email]>

Sent: Wednesday, 5 August 2020 12:34 p.m.

To: AT Official Information (AT) <[12][email address]>

Subject: Re: FW: Here’s the official information you asked for (case
number CAS-41330-W9H5F9 ) CRM:M9M

 

Dear AT Official Information (AT),

 

I need to refer back to this information. Please reshare the link.

 

Regards

 

[User 7569 name removed]

 

show quoted sections

Link to this

From: [User 7569 name removed] (Account suspended)

Dear Nicole,

Yes, that worked well. Thank you very much for your prompt response today, I really appreciate it.

I am pleased you still held the information.

Yours sincerely,

[User 7569 name removed]

Link to this

Things to do with this request

Anyone:
[User 7569 name removed] (Account suspended) only:
Auckland Transport only: