Level 1, Wintec House
P 0800 86 22 84
Cnr Anglesea & Nisbet Sts
info@tepūkenga.ac.nz
Hamilton 3204
tepūkenga.ac.nz
12 October 2021
B Fairburn
[FYI request #16929 email]
Tēnā koe B Fairburn
Official Information Act request – partial transfer of request relating to parking enforcement at Te
Pūkenga and its subsidiaries (refers MBIE’s Code of Conduct for Parking Enforcement on Private
Land) and response from Te Pūkenga
Thank you for your email of 29 September 2021 requesting the following information under the
Official Information Act 1982 (the OIA):
1. Are Te Pūkenga, any of its subsidiaries or their parking enforcement contractors signatories
to the [MBIE Code of Conduct for Parking Enforcement on Private Land]?
2. Which subsidiaries of Te Pūkenga have contracts with [LPR Enforcement Services Ltd]?
3. If Te Pūkenga, its subsidiaries, or LPR are not signatories to the Code; would meeting the
standards of conduct as defined by the Code and as administered by MBIE, clearly
define a fair and reasonable absolute minimum standard of conduct for parking
enforcement by a New Zealand Tertiary Education Institute?
4. Have subsidiaries of Te Pūkenga in fact been “Misrepresenting Authority” as explained by
MBIE in [section 5.6] of the Code?
5. Have Te Pūkenga or any of its subsidiaries or agents been granted special authority to
issue “fines” or demand payment of punitive fees to Staff or Students for this or any other
reason?
6. Have Te Pūkenga or any of its subsidiaries directly or through their agent LPR, taken
punitive action of any nature against any staff or student for non-payment of “fines”?
7. Ara Institute of Canterbury Ltd issue a “fine” (as defined by them) of $65 for a breach of
carpark terms and conditions where the full daily parking fee is $5. Is $65 a fair and
reasonable estimate of any tangible loss to Ara due to non-payment of one $5 daily
parking fee? Please provide full details of how this sum was calculated.
8. Are there penalty clauses in any of the contracts Te Pūkenga or any of its subsidiaries have
with LPR, to compensate LPR, if for any reason LPR were no longer able to demand
payments for “breaches of terms and conditions of car parking”?
9. Please provide details of any revenue sharing arrangements set out in contracts between
LPR and Te Pūkenga and its subsidiaries. How is the share of revenue received from
parking fees and fines divided between the parties to the contract(s)?
10. When contracts were negotiated and subsequently awarded for supply of “parking
enforcement” services by Te Pūkenga or its subsidiaries to LPR, were these contracts
awarded by an open or invited tender process?
11. How many parking enforcement companies were invited to submit proposals or tenders
to provide those services?
12. Was compliance with, or being a signatory to the MBIE Code of Conduct a qualifying
criteria in selection of candidates for provision of parking enforcement services?
13. Were contracts awarded to LPR after negotiation with LPR, but without receiving or
considering written proposals or submissions from other candidates?
14. Please provide al documents related to how privacy of information collected about staff
and student movements held by LPR is guaranteed by Te Pūkenga or its subsidiaries in
order to comply with the Privacy Act 2020.
Partial transfer – section 14(b)(i ) of the OIA
Te Pūkenga currently does not have any responsibility over procurement and privacy processes
and policies its subsidiaries may have. Subsidiaries of Te Pūkenga are also currently wholly
responsible for how any contractors carry out the services they have been contracted to provide.
As such, I am transferring the parts of your request that relate to Te Pūkenga subsidiaries to each
of the subsidiaries under section 14(b)(ii) of the OIA, as I believe the information you have
requested in those parts are more closely connected to the functions of those organisations.
I have advised Te Pūkenga subsidiaries of this transfer and you can expect a response directly
from each subsidiary.
Te Pūkenga response
With regards to the remainder of your request, while Te Pūkenga does rent a smal number of
parks from its subsidiaries, it does not have responsibility for any parking on private land and
therefore is not a signatory of the MBIE Code you referred to.
Te Pūkenga does not have any contracts with parking enforcement organisations, including LPR,
nor has it been involved in the procurement, negotiation, or administration of any such contracts.
Te Pūkenga, therefore, does not hold any documents related to privacy of staff and student
information held by LPR.
I note you have asked whether
meeting the standards of conduct as defined by the Code and as
administered by MBIE, [would] clearly define a fair and reasonable absolute minimum standard of
conduct for parking enforcement by a New Zealand Tertiary Education Institute. I would expect
all tertiary education institutes to undertake parking enforcement in a “fair and reasonable
manner”. Unless specifical y being a signatory to the Code you have referred to, what would
constitute a “fair and reasonable manner” would likely be subjective to each organisation.
Under section 28(3) of the OIA you have a right to complain to the Ombudsman if you’re not
happy with my decision on your request. Information on how to contact the Ombudsman can be
found a
t www.ombudsman.parliament.nz or phone 0800 802 602.
Nāku noa, nā
Vaughan Payne
Deputy Chief Executive
Operations
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