Access to the Motor Vehicle register by Wilson Parking

David Burgess made this Official Information request to New Zealand Transport Agency

The request was successful.

From: David Burgess

Dear New Zealand Transport Agency,

In my previous OIA request, you quoted the Land Transport Act Section 235 as the reason you release the personal details of the registered person to Wilson Parking, even when the registered person has no contract with Wilson Parking.

You commented that a speed camera ticket was an example of the same principle.

My Question.

Section 35 says:

235Purposes 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.

Speed camera tickets would be covered by (c)collection of charges imposed or authorised by an enactment.

What enactment applies to the supply of personal information about the registered person, when the registered person has no contract with Wilson Parking ?

Yours faithfully,

David Burgess

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From: Info@nzta.govt.nz
New Zealand Transport Agency



Thanks for contacting the NZ Transport Agency.  This is an auto-reply
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From: Info@nzta.govt.nz
New Zealand Transport Agency


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Hello David,

 

Thank you for your further email regarding the response to your Official
Information Act request.

 

Under section 235 of Land Transport Act 1998 speed camera tickets are
likely to be covered by subsection (a) enforcement of the law. Whereas
Wilson Parking would come under subsection (c) collection of charges
imposed or authorised by an enactment.

 

The enactment which allows for the release of information from the Motor
Vehicle Register is section 241 of the Land Transport Act. The purposes
and conditions for access are gazetted. You can access the gazette notice
by using the link below.

[1]https://gazette.govt.nz/notice/id/2011-g...

 

I trust this information helps clarify the situation for you.

 

 

Regards,

 

 

Alex McMinn / Customer Response Team        
Customer Access 

P 0800 822 422

E [2][NZTA request email] / W [3]nzta.govt.nz

Palmerston North Office
Private Bag 11777, Palmerston North 4442, New Zealand 

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[5]cid:image007.jpg@01CED589.56CDB240                
 [6]cid:image003.png@01CECF06.C05878A0[7]cid:image004.png@01CECF06.C05878A0[8]Adobe
Systems

 

 

 

 

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Oliver Lineham (FYI.org.nz volunteer) left an annotation ()

It looks like S 241(1)(a) does allow them to make authorisations "for specified purposes (in addition to the purposes recognised by section 235)" - that is, a purpose other than for which the register exists.

So from my reading, NZTA could authorise access to names and address for just about any reason, so long as they've consulted the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police (even if all three say no!)

This is quite the loophole to do whatever you want, so long as you're friendly with the CE of NZTA.

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Oliver Lineham (FYI.org.nz volunteer) left an annotation ()

Thinking about this further, the next requests to make would probably be to each of the Privacy Commissioner, the Chief Ombudsman, the Commissioner of Police and the NZTA asking for when they consulted about the Wilson Parking authorisation; any related correspondence with NZTA and those three; minutes of meetings of each of the three with NZTA where the authorisation was discussed, documents where the merits of the authorisation were analysed, and so on.

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David Burgess left an annotation ()

The NZTA seem to have re-opened the MVR to all. The gazette notice for Wilsons is one of hundreds. I have no confidence in the governments ability to keep my personal information confidential.

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Cody C left an annotation ()

Hi David,

Not sure how far you will get on this as this is a major money maker for NZTA. Assuming, from your previous request, NZTA received 987,005 requests in total (unsure of timeframe) at $15 per request (NZTA MR13 cost) that is a total of $14,805,075. Not a small amount!

I am interested in pursuing this further. Let me know.

Cheers,
Cody

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David Burgess left an annotation ()

Hi Cody,

I am not going to pursue this any further. The NZTA have re-opened the MVR, and they will not flinch. They never ever stopped selling the driver licence database, so clearly they won't protect any information that they hold. Good luck with your OIA, I will follow it.

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