Police and NZLT Agency

Lee made this Official Information request to New Zealand Police

The request was partially successful.

From: Lee

Dear New Zealand Police,

Police quote that they operate under the Land Transport Act. Can you please tell me if the New Zealand Police have a contract with The New Zealand Land Transport Agency?

Under the Policing Act 2008 schedule 1 and Part 4 of the Act: A Police employee warranted as a Police transport enforcement officer has the following powers ...

And

Land Transport Act 1998
Section 113 Enforcement officers may enforce transport legislation
(1) An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer ...

Must Police provide their warrant of authority as an enforcement officer when asked to do so?

As an infringement notice is only an allegation, please explain how police can make a claim for payment:
1. If a crime has not been committed?
2. Do police only have authority in criminal matters? If so what?
3. Do police have any authority in civil/contract matters? If so what?
4. Does the Criminal Procedures section 381 Payment of fees, fines, etc
(1) Section 208 of the Summary Proceedings Act 1957 applies to all fees, fines, reparation, costs, and other money payable on any proceedings commenced by the filing of a charging document make the claim for payment by police null and void
5. Does Article 12 of the 1688 Bill of Rights states "Grants of forfeitures - That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
6. Would this then be deemed that police are acting as revenue collectors for pecuniary gains?

Yours faithfully,

Lee

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From: Ministerial Services
New Zealand Police

Tēnā koe

I acknowledge receipt of your Official Information Act 1982 (OIA) request below.

Your reference number is IR-01-23-33743.

You can expect a response to your request on or before 20 November 2023 unless an extension is needed.

Ngā mihi, Michelle
Ministerial Services - Police National Headquarters

-----Original Message-----
From: Lee <[FOI #24505 email]>
Sent: Monday, 23 October 2023 8:09 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Police and NZLT Agency

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear New Zealand Police,

Police quote that they operate under the Land Transport Act. Can you please tell me if the New Zealand Police have a contract with The New Zealand Land Transport Agency?

Under the Policing Act 2008 schedule 1 and Part 4 of the Act: A Police employee warranted as a Police transport enforcement officer has the following powers ...

And

Land Transport Act 1998
Section 113 Enforcement officers may enforce transport legislation
(1) An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer ...

Must Police provide their warrant of authority as an enforcement officer when asked to do so?

As an infringement notice is only an allegation, please explain how police can make a claim for payment:
1. If a crime has not been committed?
2. Do police only have authority in criminal matters? If so what?
3. Do police have any authority in civil/contract matters? If so what?
4. Does the Criminal Procedures section 381 Payment of fees, fines, etc
(1) Section 208 of the Summary Proceedings Act 1957 applies to all fees, fines, reparation, costs, and other money payable on any proceedings commenced by the filing of a charging document make the claim for payment by police null and void 5. Does Article 12 of the 1688 Bill of Rights states "Grants of forfeitures - That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
6. Would this then be deemed that police are acting as revenue collectors for pecuniary gains?

Yours faithfully,

Lee

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===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately

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From: Ministerial Services
New Zealand Police


Attachment Lee IR 01 23 33743 PIB for release.pdf
297K Download View as HTML


Tēnā koe Lee

 

Please find attached the response relating to your Official Information
Act request, received by Police on 23 October 2023.

 

Ngā mihi

Lisa

Ministerial Services

Police National Headquarters

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

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