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Prosecution Guidelines

Jo made this Official Information request to Auckland Transport

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From: Jo

Dear Auckland Transport,

I request a copy of your prosecution guidelines or other similar document for the purpose of prosecuting parking infringement offences, including but not limited to special vehicle lanes and parking over time limit.

Yours faithfully,

Jo.

Link to this

From: AT Official Information (AT)
Auckland Transport


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Kia ora Jo,

Auckland Transport (AT) acknowledges receipt of your request for official
information dated 7 February 2021 about prosecution guidelines.

We hope to respond to your request as soon as possible, but not later than
8 March 2021, which is 20 working days after the day your request was
received. 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 Glen, who is one of our LGOIMA Business
Partners. 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-298511-D5G5Y0.

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

Good Morning Jo, 

 

Information is publicly available. 

 

On 7/02/2021 you asked for Prosecution Guidelines used by Auckland
Transport. 

 

This information is publicly available online at: 
 [1]https://www.crownlaw.govt.nz/publication...  
 

As you are able to access this information yourself, I am refusing your
request under section  17(d) of the LGOIMA  as the information is publicly
available. 
 

 You have the right to ask the Ombudsman to review how we’ve responded to
your official information request. You can contact the Ombudsman at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

 

Kind regards, 

 

 

Glen 

LGOIMA Business Partner 

Auckland Transport

20 Viaduct Harbour Avenue, Auckland 1010

[3]www.at.govt.nz

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [4]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [5]Unite Against Covid-19 website.

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://www.crownlaw.govt.nz/publication...
2. http://www.ombudsman.parliament.nz/
3. file:///tmp/www.at.govt.nz
4. https://at.govt.nz/COVID-19
5. https://covid19.govt.nz/

Link to this

From: Jo

Dear AT Official Information (AT),

Thanks for your reply, however please note my request for information is not yet fulfilled.

The link you have supplied is broken.

I also noticed it links to Crown Law. I asked for Auckland Transport Guidelines. If AT does not have any, please say so and refuse the request on the appropriate grounds.

Yours sincerely,

Jo

Link to this

From: AT Official Information (AT)
Auckland Transport


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Attachment ProsecutionGuidelines2013.pdf
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Good Morning Jo,

 

Auckland Transport (AT) follows the Solicitor-General’s Prosecution
Guidelines when determining whether to commence court proceedings under
section 21(8)(a) of the Summary Proceedings Act 1957. The Crown Law
website has a copy of the guidelines, and I have included a link. I have
also attached a PDF copy of the Guidelines for your convenience. My
apologies that you were not able to access this link initially.

 

[1]https://www.crownlaw.govt.nz/publication...

 

Your request is not refused as the information does exist. The guidelines
are attached and are what AT use and are publicly available, as
communicated in my response dated 19 February 2021.  

 

Kind regards,

 

 

Glen  - LGOIMA -  Business Partner

Customer Care
Auckland Transport

Private Bag 92250

Auckland 1142

 

[2]www.at.govt.nz
[3]cid:image001.jpg@01D64618.AA329750

 

 

We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [4]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [5]Unite Against Covid-19 website.

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://www.crownlaw.govt.nz/publication...
2. http://www.at.govt.nz/
4. https://at.govt.nz/COVID-19
5. https://covid19.govt.nz/

Link to this

From: Jo

Dear AT Official Information (AT),

Now I am really confused.

You said my request was refused as the information was publically available, but then linked me to an external website, suggesting the information was not held by AT, regardless of whether or not it was publically available.

When I explained the link was broken and asked for clarification as to whether AT had its own guidelines... And asked you to decline the request more appropriately, you provided the link and the pdf and said the request was now not refused as the information was held.

But you have still linked me to publically available information from an external source.

Yours sincerely,

Jo

Link to this

Mr Rodgers left an annotation ()

Jo - I think you and At are talking at cross-purposes here. I suspect you are talking about AT's policies for the issuing of infringement notices (instant fines) but you have asked about "prosecution guidelines".

A "prosecution" is a criminal charge for a breach of a law that is taken to Court. All government departments must use the guidelines produced by Crown Law which is why they referenced the Crown Law website.

If I am correct in my assumption you need to ask AT what their infringement notice guidelines are for parking, etc.

Link to this

From: AT Official Information (AT)
Auckland Transport


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Dear Jo,

 

To clarify, you requested on 7 February 2021 "a copy of your prosecution
guidelines or other similar document for the purpose of prosecuting
parking infringement offences".

 

We have provided you with a link to the prosecution guidelines Auckland
Transport (AT) follows. We consider that sufficiently answers your request
and therefore do not consider we should refuse your request under section
17(e) of the Local Government Official Information and Meetings Act 1987
(LGOIMA), the information does not exist. 

 

If you are unhappy with AT’s response to your request, you are more than
welcome to submit a complaint to the Office of the Ombudsman:
www.ombudsman.parliament.nz

 

I am however more than happy to speak with you, if you would like further
clarification. This case is now closed.

 

Kind regards,

 

 

 

Glen Parrant - LGOIMA -  Business Partner

Customer Care
Auckland Transport

Private Bag 92250

Auckland 1142

 

[1]www.at.govt.nz
[2]cid:image001.jpg@01D64618.AA329750

 

 

 

 

 

 

We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.

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/
3. https://at.govt.nz/COVID-19
4. https://covid19.govt.nz/

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