Ref: 2021-1689

 

Dear Nick,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 2 March 2021 requesting under the Official
Information Act 1982 (the Act), the following:

 

Would you please provide me with all  information held by MBIE regarding
the regulatory framework around private parking enforcement in New
Zealand?

 

Specific sub-requests

 

I refer to the  Land Transport (Wheel Clamping) Amendment Bill.

 

Page 3 of the regulatory impact statement authored by MBIE details, at a
high level, the regulatory framework around private parking enforcement in
New Zealand.

 

Similarly, the Cabinet paper in respect of the bill states at [9]: "There
is no specific legislation that governs all forms of parking enforcement,
or the charges allowed for such enforcement, on private land. A range of
statutes and common law, which has developed in the courts over time, may
apply."

 

Would you please provide me with any internal memos, research papers,
issues papers, etc. which were produced in the course of preparing the
cabinet paper and regulatory impact statement along with any briefings to
the Minister, etc.

 

Would you also please provide me with any information MBIE holds in
regards to how the law around private parking enforcement is applied in
the Courts (such as summaries of Disputes Tribunal and District Court
decisions). There is no need to forward this sub-request on to the
Ministry of Justice if MBIE holds no such information.

 

Other matters

 

If, in the course of your responding to my request, you identify something
which suggests that another agency (such as NZTA) holds information
relevant to my request, then would you please forward my request on to
that agency?

 

Lastly, would you please advise if there is any information which you have
identified but declined to provide on the grounds of the information being
legally privileged and, if so, advise me who the best person to contact to
request a waiver of said privilege would be (i.e. the Minister, the CEO,
or a director)?

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course.

 

If you have any enquiries regarding your request, or its urgency, feel
free to contact us via email at [1][MBIE request email].

 

Nāku noa, nā

MINISTERIAL SERVICES

               

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

NZBN 9429000106078

 

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Hi Nick

 

I refer to your request of 2 March 2021 under the OIA asking for
information held by MBIE regarding the regulatory framework around private
parking enforcement in New Zealand.

 

Specifically, you have asked for “any internal memos, research papers,
issues papers, etc. which were produced in the course of preparing the
cabinet paper and regulatory impact statement along with any briefings to
the Minister, etc”.

 

You have also asked for “any information MBIE holds in regards to how the
law around private parking enforcement is applied in the Courts (such as
summaries of Disputes Tribunal and District Court decisions)”.

 

I’m writing to ask if you are able to confirm our interpretation of the
scope of your request. Currently, the scope of the request could be
interpreted broadly and would extend to include hundreds of internal MBIE
documents as well as externally-produced documents (e.g. meeting notes
with stakeholders, email trails between government agencies) – which would
require us to consult with other parties on the release of the
information. Given the large quantity of information we would otherwise
need to collate and the consultation required, we would need to extend the
timeframe for your request.

 

Can I suggest that the scope of your request be narrowed to the briefings
produced by MBIE containing advice on the regulatory framework and how the
law around private parking is applied in the courts to the previous
Minister of Commerce and Consumer Affairs for the purpose of informing the
Cabinet paper and regulatory impact statement. This will enable us to
provide the information you have requested in the most succinct and
digestible manner within the original timeframe.

 

Please confirm as soon as possible if you accept our interpretation of the
scope of your request.

 

Kind regards

Nadia Jones
SENIOR POLICY ADVISOR

Competition and Consumer Policy | Building, Resources and Markets
Ministry of Business, Innovation & Employment

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Hi Nick

Sorry for the delay in replying.

I haven't seen any such briefings by other agencies, but the Ministry of Transport may have previously briefed their Minister on the issue. However, since MBIE has been the lead advising agency on this, I would assume that most of the substantive briefings on this issue do sit with MBIE.

Kind regards
Nadia

-----Original Message-----
From: Nick Coyle <[FOI #14820 email]>
Sent: Wednesday, 10 March 2021 7:41 PM
To: Nadia Jones <[email address]>
Subject: Re: OIA request 2 March 2021 - regulatory framework for private parking enforcement [UNCLASSIFIED]

Hi Nadia,

I am happy to narrow the scope of the request as you suggest.

However, could you please also advise whether your review of the information held by MBIE suggests that any other Government agencies have prepared substantial briefings for their respective Ministers and/or Cabinet in relation to these issues? I am not requesting copies of such documents at this point, I would just like to know if they exist.

Yours sincerely,

Nick Coyle

-----Original Message-----

Hi Nick

 

I refer to your request of 2 March 2021 under the OIA asking for information held by MBIE regarding the regulatory framework around private parking enforcement in New Zealand.

 

Specifically, you have asked for “any internal memos, research papers, issues papers, etc. which were produced in the course of preparing the cabinet paper and regulatory impact statement along with any briefings to the Minister, etc”.

 

You have also asked for “any information MBIE holds in regards to how the law around private parking enforcement is applied in the Courts (such as summaries of Disputes Tribunal and District Court decisions)”.

 

I’m writing to ask if you are able to confirm our interpretation of the scope of your request. Currently, the scope of the request could be interpreted broadly and would extend to include hundreds of internal MBIE documents as well as externally-produced documents (e.g. meeting notes with stakeholders, email trails between government agencies) – which would require us to consult with other parties on the release of the information. Given the large quantity of information we would otherwise need to collate and the consultation required, we would need to extend the timeframe for your request.

 

Can I suggest that the scope of your request be narrowed to the briefings produced by MBIE containing advice on the regulatory framework and how the law around private parking is applied in the courts to the previous Minister of Commerce and Consumer Affairs for the purpose of informing the Cabinet paper and regulatory impact statement. This will enable us to provide the information you have requested in the most succinct and digestible manner within the original timeframe.

 

Please confirm as soon as possible if you accept our interpretation of the scope of your request.

 

Kind regards

Nadia Jones
SENIOR POLICY ADVISOR

Competition and Consumer Policy | Building, Resources and Markets Ministry of Business, Innovation & Employment

[1]www.govt.nz - your guide to finding and using New Zealand government services

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Morena Mr Coyle

 

Please find attached a letter outlining the need to extend the time to
respond to your request for information.

 

Ngâ mihi,

 

 

Competition and Consumer Policy

Building Resources and Markets Group

Ministry of Business, Innovation & Employment

Level 16, 25 The Terrace, Te Puâwai o te Aroha – Pastoral House, PO Box
1473 Wellington 6143

 

 

 

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Kia Ora Mr Coyle

 

Please find attached response to your OIA request dated 2 March 2021.

 

Competition and Consumer Policy

Building Resources and Markets Group

Ministry of Business, Innovation & Employment

Level 16, 25 The Terrace, Te Puâwai o te Aroha – Pastoral House, PO Box
1473 Wellington 6143

 

[1]www.govt.nz - your guide to finding and using New Zealand government
services

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