Supply of information from Motor Vehicle Register to companies using it for unlawful purposes
David Burgess made this Official Information request to New Zealand Transport Agency
The request was successful.
From: David Burgess
Dear New Zealand Transport Agency,
It has been widely reported http://www.nzherald.co.nz/venues/news/ar... That Wilson Parking Ltd breach notices are unlawful.
Additionally, Wilson Parking has no contract with the registered person. If it has a contract at all, it would be with the driver.
My questions are :
(1) Why does the NZTA supply Wilson Parking with access to the Motor Vehicle Register, when it is the intention of Wilson Parking to act in a usurious manner and possibly unlawfully when the Motor vehicle register is now closed.?
(2) Wilson Parking may have a contract with the vehicle driver. This is not necessarily the same as the registered person.
Considering the situation where the driver is not the registered person, why does the NZTA grant access to the personal details of the registered person, when they don't have any contractual relationship to Wilson Parking, and have no legal or contractual obligation to Wilson Parking?
(3) How many times has the NZTA provided Wilson Parking with access to the motor vehicle register, since the motor vehicle register was officially made non public ?
Yours faithfully,
David Burgess
From: Info@nzta.govt.nz
New Zealand Transport Agency
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From: Official Correspondence
New Zealand Transport Agency
Dear David
This email acknowledges your request made under the Official Information
Act 1982 for information. The NZ Transport Agency received your request on
2 February 2015.
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Andrew Martin / Manager, Official Information
Official Correspondence Unit
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From: Info@nzta.govt.nz
New Zealand Transport Agency
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Hello David,
Please find attached Sue Hardiman’s response to your request for
information under the Official Information Act 1982.
Regards,
Alex McMinn / Customer Response Team
Customer Access
P 0800 822 422
E [1][NZTA request email] / W [2]nzta.govt.nz
Palmerston North Office
Private Bag 11777, Palmerston North 4442, New Zealand
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David Burgess left an annotation ()
There was not a delivery error - A copy of a previous OIA I had asked was included in the reply and I (incorrectly) assumed this WAS my reply.
The reply appears to carefully dodge the question. There is a statutory liability for the registered person for offences under "The Relevant Legislation". But as far as I can see, no such liability exists for the registered person for breaches of a car parking contract.
Cody C left an annotation ()
Hi there David,
The legislation referenced clearly states the following:
235 Purposes of register
The purposes of the register are to facilitate—
(a) enforcement of the law:
(b) maintenance of the security of New Zealand:
(c) collection of charges imposed or authorised by an enactment:
(d) administration and development of transport law and policy.
How Wilson Parking comes into this is very unclear as they do not appear to meet any of the above purposes and I would certainly be challenging this stance by NZTA.
Cody
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Cody C left an annotation ()
Just adding a note to follow this. I was actually going to post the same request myself so it will be very interesting to see their response. Good luck.
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