B Fairburn
By email to: [FYI request #16929 email]
Thursday, 21 October 2021
Dear B Fairburn
Official Information Act (OIA) 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)
Your OIA request of 29 September 2021 to Te Pūkenga
was transferred to Unitec New Zealand
Limited (
Unitec) on 12 October 2021.
The requested information is set out below:
1. Are Te Pūkenga, any of its subsidiaries [Unitec] or their parking enforcement contractors
signatories to the [MBIE Code of Conduct for Parking Enforcement on Private Land]?
No.
2. Which subsidiaries of Te Pūkenga have contracts [Does Unitec have a contract] with
[LPR Enforcement Services Ltd]? No.
3. If Te Pūkenga, its subsidiaries,[Unitec] 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? Unitec is not required to form an opinion or create information in order to respond to a
request. Accordingly, this request is declined on the grounds set out in section 18(e) of the
Official Information Act 1982.
4. Have subsidiaries of Te Pūkenga [Has Unitec] in fact been “Misrepresenting Authority” as
explainedby MBIE in [section 5.6] of the Code? 5. Have Te Pūkenga [Has Unitec] 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? No. Unitec issues parking fines to vehicles that breach the terms and conditions of Unitec’s
parking terms and conditions under its authority as owner or occupier of the relevant
parking facilities.
6. Have Te Pūkenga or any of its subsidiaries [Has Unitec] directly or through their agent
LPR, taken punitive action of any nature against any staff or student for non-payment of
“fines”? Unitec does not take punitive action against staff members for non-payment of parking
fines. For students, a ‘hold’ wil be put on their file which stops them re-enrolling until the
fine is paid (although, the hold can be overruled with the permission of the Head of School).
8. Are there penalty clauses in any of the contracts Te Pūkenga or any of its subsidiaries
have [Unitec has] 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 [Unitec] 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 [Unitec] 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 all 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 Not applicable. Unitec does not contract with or engage LPR Enforcement Services Limited
in any capacity relating to parking enforcement. Accordingly, these requests are declined
on the grounds set out in section 18(e) of the Official Information Act 1982.
Under section 28(3) of the OIA you have the right, by way of complaint to the Ombudsman, to
seek an investigation and review of the above decisions. Information on how to contact the
Ombudsman can be found at www.ombudsman.parliament.nz or phone 0800 802 602.
Yours faithfully
UNITEC NEW ZEALAND LIMITED (t/a Unitec Institute of Technology)
Gus Gilmore
Chief Executive, Unitec and MIT
Copy to:
Michelle Teirney, Deputy Chief Executive Operations
Kara Hiron, Senior Legal Counsel
