Failure to Notify Infringement
SANDRA ASHWORTH made this Official Information request to Auckland Transport
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From: SANDRA ASHWORTH
Dear Auckland Transport,
Is an infringement valid if it is not made available to the vehicle owner?
What are the policies around ensuring that this has happened?
Yours faithfully,
SANDRA ASHWORTH
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
Auckland Transport (AT) acknowledges receipt of your request for official
information dated 7 February 2024 in regard to policies for infringement
notices made to vehicle owner.
We hope to respond to your request as soon as possible, but no later than
the 6^th March 2024 which is 20 working days after the day your request
was received. If we are not able to respond to your request by then, we
will notify you of an extension of that timeframe.
Your case is being managed by Anna, who is one of our LGOIMA Business
Partners. If you have any further queries, you can contact the team on
(09) 355 3553 during business hours, quoting Local Government Official
Information request number CAS-855721-Q4M2P2.
Ngā mihi,
Ane
Customer Care Coordinator
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
------------------- Original Message -------------------
From: SANDRA ASHWORTH <[FOI #25652 email]>;
Received: Wed Feb 07 2024 16:08:04 GMT+1300 (New Zealand Daylight Time)
To: [email address] <at[Auckland Transport request email]>;
LGOIMA <at[Auckland Transport request email]>;
Subject: Official Information request - Failure to Notify Infringement
Dear Auckland Transport,
Is an infringement valid if it is not made available to the vehicle owner?
What are the policies around ensuring that this has happened?
Yours faithfully,
SANDRA ASHWORTH
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We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [4]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [5]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
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From: AT Official Information (AT)
Auckland Transport
Good morning Sandra,
Thank you very much for contacting Auckland Transport.
Before we get started, do you mind clarifying your first question please -
'"not being made available to the vehicle owner"? Do you mean that the
person who was driving the car at time of the infringement was not the
vehicle owner, if so, is the infringement still valid?
Can you possibly provide some context to this infringement and the
infringement notice number please?
I look forward to hearing from you soon.
Kind regards,
Anna.
------------------- Original Message -------------------
From: SANDRA ASHWORTH <[FOI #25652 email]>;
Received: Wed Feb 07 2024 16:08:04 GMT+1300 (New Zealand Daylight Time)
To: [email address] <at[Auckland Transport request email]>;
LGOIMA <at[Auckland Transport request email]>;
Subject: Official Information request - Failure to Notify Infringement
Dear Auckland Transport, Is an infringement valid if it is not made
available to the vehicle owner? What are the policies around ensuring that
this has happened? Yours faithfully, SANDRA ASHWORTH
-------------------------------------------------------------------
Dear Auckland Transport,
Is an infringement valid if it is not made available to the vehicle owner?
What are the policies around ensuring that this has happened?
Yours faithfully,
SANDRA ASHWORTH
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #25652 email]
Is [Auckland Transport request email] the wrong address for Official Information requests to Auckland Transport? If so, please contact us using this form:
[1]https://urldefense.com/v3/__https://fyi....
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
[2]https://urldefense.com/v3/__https://fyi....
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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From: SANDRA ASHWORTH
Dear AT Official Information (AT),
Infringement Notice: 3094510278
On the day that this infringement was allegedly issued, being the 19th of Dec 2023, we received 2 infringement Notices: 3094510265 and 3094510286, which were placed on both of our vehicles.
This is evidenced in my letter to Auckland Transport on the 15th January 2024. Infringement Notice 3094510278 was not included in this letter because I was not aware of its existance. Neither I, nor my vehicle, were furnished with a copy of this infringement.
Yours sincerely,
SANDRA ASHWORTH
From: AT Official Information (AT)
Auckland Transport
Many thanks for your swift reply Sandra.
We will be in touch in due course.
Kind regards,
Anna
------------------- Original Message -------------------
From: SANDRA ASHWORTH <[FOI #25652 email]>;
Received: Thu Feb 08 2024 12:20:08 GMT+1300 (New Zealand Daylight Time)
To: [email address] <at[Auckland Transport request email]>;
LGOIMA <at[Auckland Transport request email]>;
Subject: RE: Official Information request - Failure to Notify Infringement
CRM:013990002289
Dear AT Official Information (AT), Infringement Notice: 3094510278 On the
day that this infringement was allegedly issued, being the 19th of Dec
2023, we received 2 infringement Notices: 3094510265 and 3094510286, which
were placed on both
Dear AT Official Information (AT),
Infringement Notice: 3094510278
On the day that this infringement was allegedly issued, being the 19th of Dec 2023, we received 2 infringement Notices: 3094510265 and 3094510286, which were placed on both of our vehicles.
This is evidenced in my letter to Auckland Transport on the 15th January 2024. Infringement Notice 3094510278 was not included in this letter because I was not aware of its existance. Neither I, nor my vehicle, were furnished with a copy of this infringement.
Yours sincerely,
SANDRA ASHWORTH
-----Original Message-----
Good morning Sandra,
Thank you very much for contacting Auckland Transport.
Before we get started, do you mind clarifying your first question please -
'"not being made available to the vehicle owner"? Do you mean that the
person who was driving the car at time of the infringement was not the
vehicle owner, if so, is the infringement still valid?
Can you possibly provide some context to this infringement and the
infringement notice number please?
I look forward to hearing from you soon.
Kind regards,
Anna.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #25652 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
[1]https://urldefense.com/v3/__https://fyi....
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
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email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
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From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra
I’ve attached the official information you asked for
On 7/02/2024 you asked for information regarding infringements issued by
Auckland Transport.
I’ve attached a response from John Strawbridge, Group Manager Parking
Services and Compliance.
Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.
You can contact the Ombudsman at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Ngā mihi
Anna
LGOIMA Business Partner
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. file:///tmp/www.at.govt.nz
3. https://at.govt.nz/COVID-19
4. https://covid19.govt.nz/
From: SANDRA ASHWORTH
Dear AT Official Information (AT),
Can AT provide a full copy of the relevant documentation for all actions that a warden must perform when doing a check. The current response only has brief paragraphs from each section and it is not credible for this to be the only relevant documentation for how an important part of a warden’s duties to be documented so briefly.
Can AT provide procedures and / or processes that document attaching one infringement ticket to the vehicle, but any others to not be attached to the vehicle.
If there are no such procedures and / or processes, can you confirm this and supply the procedures and / or processes which document that for a static vehicle offense all infringements should be attached to the vehicle.
If it is the only documentation, please confirm that the AT CEO plus the Group Manager, Parking Services & Compliance are confident that this is sufficient documentation of the process. Can they also confirm that they have full confidence in the documentation of all processes and procedures that AT staff follow?
I note that your initial response included the following text:
“The Warden checks the details against the licence label on the vehicle to ensure that it is correct, before serving it onto the vehicle.”
If this response is correct, then since one of the infringement tickets was not attached to the vehicle, there must have been an issue with the infringement, so the infringement ticket was not attached to the vehicle. This would mean that the infringement was incorrectly issued and is invalid.
If this response is not correct, then this means that this does not align with the Official Information Act 1982. With the response having been provided by the Group Manager, Parking Services & Compliance, this is not acceptable.
Can the FIO response writer confirm that his wardens pay as much attention to detail in following their processes and procedures as he does in answering Official Information requests?
Can they provide records showing how often the following has occurred in the last 3 years:
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only by post
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only in person
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only in person and by post, i.e. not by attaching a stationary infringement
Where there are multiple infringements, they are attached to the vehicle for a stationary infringement
Can they answer the questions from the updates to their questions on the 8th Feb 2024 and your response on the same date? The Official Information response did not include anything relating to the entire request and is clearly incomplete and / or incorrect.
Yours sincerely,
SANDRA ASHWORTH
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
Auckland Transport (AT) acknowledges receipt of your request for official
information dated 6 March 2024 pertaining to your email below regarding
process/procedure for issuing a parking infringement.
We hope to respond to your request as soon as possible, but no later than
5^th April 2024, which is 20 working days after the day your request was
received. If we aren’t able to respond to your request by then, we will
notify you of an extension of that timeframe.
Your case is being managed by Alvin, who is one of our LGOIMA Business
partners. If you have any further queries, you can contact the team on
(09) 355 3553 during business hours, quoting Local Government Official
Information request number CAS-872460-Z4K1H9.
Ngā mihi,
Ane
Customer Care Coordinator
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
------------------- Original Message -------------------
From: SANDRA ASHWORTH <[FOI #25652 email]>;
Received: Wed Mar 06 2024 12:46:52 GMT+1300 (New Zealand Daylight Time)
To: [email address] <at[Auckland Transport request email]>;
LGOIMA <at[Auckland Transport request email]>;
Subject: Re: Here’s the official information you asked for (case number
CAS-855721-Q4M2P2 ) CRM:0134m
Dear AT Official Information (AT),
Can AT provide a full copy of the relevant documentation for all actions that a warden must perform when doing a check. The current response only has brief paragraphs from each section and it is not credible for this to be the only relevant documentation for how an important part of a warden’s duties to be documented so briefly.
Can AT provide procedures and / or processes that document attaching one infringement ticket to the vehicle, but any others to not be attached to the vehicle.
If there are no such procedures and / or processes, can you confirm this and supply the procedures and / or processes which document that for a static vehicle offense all infringements should be attached to the vehicle.
If it is the only documentation, please confirm that the AT CEO plus the Group Manager, Parking Services & Compliance are confident that this is sufficient documentation of the process. Can they also confirm that they have full confidence in the documentation of all processes and procedures that AT staff follow?
I note that your initial response included the following text:
“The Warden checks the details against the licence label on the vehicle to ensure that it is correct, before serving it onto the vehicle.”
If this response is correct, then since one of the infringement tickets was not attached to the vehicle, there must have been an issue with the infringement, so the infringement ticket was not attached to the vehicle. This would mean that the infringement was incorrectly issued and is invalid.
If this response is not correct, then this means that this does not align with the Official Information Act 1982. With the response having been provided by the Group Manager, Parking Services & Compliance, this is not acceptable.
Can the FIO response writer confirm that his wardens pay as much attention to detail in following their processes and procedures as he does in answering Official Information requests?
Can they provide records showing how often the following has occurred in the last 3 years:
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only by post
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only in person
A single infringement is attached to the vehicle for a stationary infringement, but additional infringement(s) are notified only in person and by post, i.e. not by attaching a stationary infringement
Where there are multiple infringements, they are attached to the vehicle for a stationary infringement
Can they answer the questions from the updates to their questions on the 8th Feb 2024 and your response on the same date? The Official Information response did not include anything relating to the entire request and is clearly incomplete and / or incorrect.
Yours sincerely,
SANDRA ASHWORTH
-----Original Message-----
Kia ora Sandra
I’ve attached the official information you asked for
On 7/02/2024 you asked for information regarding infringements issued by
Auckland Transport.
I’ve attached a response from John Strawbridge, Group Manager Parking
Services and Compliance.
Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.
You can contact the Ombudsman at [1][2]https://urldefense.com/v3/__http://www.o... or
freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Ngā mihi
Anna
LGOIMA Business Partner
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]http://www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. file:///tmp/www.at.govt.nz
3. https://at.govt.nz/COVID-19
4. [3]https://urldefense.com/v3/__https://covi...
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #25652 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
[4]https://urldefense.com/v3/__https://fyi....
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [5]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [6]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. http://www.at.govt.nz/
2. https://urldefense.com/v3/__http://www.o...
3. https://urldefense.com/v3/__https://covi...
4. https://urldefense.com/v3/__https://fyi....
5. https://at.govt.nz/COVID-19
6. https://covid19.govt.nz/
hide quoted sections
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
I’m the LGOIMA Business Partner who’s looking into your case
My name is Alvin and I’m a LGOIMA Business Partner at Auckland Transport.
As per your last request we advised you 3 ways that an infringement
notice can be served. Can you please explain your question 8 and what does
FIO means in question 4
Can they answer the questions from the updates to their questions on the
8th Feb 2024 and your response on the same date? The Official Information
response did not include anything relating to the entire request and is
clearly incomplete and / or incorrect.
Can the FIO response writer confirm that his wardens pay as much attention
to detail in following their processes and procedures as he does in
answering Official Information requests?
The quickest way to get this to us, is to reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Ngā mihi,
Alvin
LGOIMA Business Partner
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [2]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [3]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. http://www.at.govt.nz/
2. https://at.govt.nz/COVID-19
3. https://covid19.govt.nz/
From: SANDRA ASHWORTH
Dear AT Official Information (AT),
Request update
Thank you for your response and clarification questions.
In order to be able to respond we have emailed (or sent a letter to) Dean Kimpton, CEO Auckland Transport.
Once we have a full response from him, we will be able to update you.
Yours sincerely,
SANDRA ASHWORTH
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
Auckland Transport (AT) acknowledges receipt of your request for official
information dated 18 March 2024 pertaining to your email below.
Please be advised that your below request has been included in your
current case received by our AT Official team on 6 March 2024.
We hope to respond to your request as soon as possible, but no later than
the 5^th April 2024, which is 20 working days after the day your request
was received. The period of 29 March 2024 (Good Friday) and 1 April 2024
(Easter Monday) are not included as working days. If we aren’t able to
respond to your request by then, we will notify you of an extension of
that timeframe.
Your case is being managed by Alvin, who is one of our LGOIMA Business
partners. If you have any further queries, you can contact the team on
(09) 355 3553 during business hours, quoting Local Government Official
Information request number CAS-872460-Z4K1H9.
Ngā mihi,
Ane
Customer Care Coordinator
Customer and Network Performance Division
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
From: Tandyii [2][email address]
Sent: Monday, March 18, 2024 3:46 PM
To: chief.executive (AT) [3][email address]
Subject: Review of Official Information Response
Dear Mr Kimpton
I’d like you to review the following request made under the Official
Information Act:
[4]https://fyi.org.nz/request/25652-failure...
John Strawbridge, the Group Manager for Parking Services and Compliance
has documented the infringement process for an alleged stationary vehicle
infringement issued by a warranted officer patrolling on foot as the
following:
“When a Warden comes across an offending vehicle, he/she uses a handheld
device and, in this case, he/she manually enters the registration details
of the vehicle into the device. This runs a Motocheck search in the
background and supplies the Warden with the make, model, colour,
registration and WOF of the vehicle to generate an infringement notice.
The Warden checks the details against the licence label on the vehicle to
ensure that it is correct, before serving it onto the vehicle.”
Breaking this down into separate steps:
1. The warden comes across an offending vehicle
2. They do a Motocheck search to generate an infringement notice
3. They check the infringement notice details against the vehicle to
validate that it is correct
4. They serve the infringement notice onto the vehicle
This seems a very simple, straightforward process to follow.
Did John Strawbridge provide a full and accurate copy of the process as he
documented in the response to the Official Information Act?
However, as documented in the request linked to infringement tickets
3094510265 and 3094510286, the process was followed for one, but not for
the other.
Can you confirm with yes / no answers only if:
* That if it is acceptable for the standard process for “Stationary
Vehicle infringements issued by warranted officers patrolling on foot”
to not be followed?
* That the standard process for “Stationary Vehicle infringements issued
by warranted officers patrolling on foot” should be followed?
* That Wardens are trained to follow standard processes?
* That Wardens are trained to not follow standard processes?
* It acceptable for a Warden issuing two infringements in short
succession to follow standard process for one and not for the other?
* Wardens who miss or do not fully and correctly complete step(s) in a
standard process, are any outputs (i.e. infringements in this case)
valid?
* A Warden who is not following standard processes should be told of the
performance of following standard processes by their manager /
supervisor?
* A Warden who does not follow standard processes may be subject to a
disciplinary process?
* A Warden who does not follow standard processes would never be subject
to a disciplinary process?
If for any of the above questions are answered to indicate that it is
acceptable for Wardens to not follow standard processes, can you confirm
if there is any doubt as to if the infringement notice(s) are valid or
there is any doubt as to if they may be valid?
If infringements are invalid or there are doubts as to the validity of the
actions of the Warden where there are infringement ticket(s) issued, is
the Auckland Transport policy in this case to, picking just one option:
* Cancel the infringement(s) issued by the Warden who broke standard
process?
OR
* Enforce the infringement(s) issued by the Warden who broke standard
process?
Although the above questions are very specific to Wardens following
standard processes, the next questions cover Auckland Transport staff as a
whole.
Can you confirm with yes / no answers only if Auckland Transport staff
are:
* Trained to follow standard processes
* Trained to not follow standard processes
If Auckland Transport staff are trained to not follow standard process,
can you confirm if you approve this approach or not? If not, please
confirm what action(s) you will initiate to ensure that they are trained
to follow standard process. And can you also confirm where you will report
progress on this training in a publicly accessible location so that people
get visibility on how the CEO is progressing this task.
Can you confirm, with a yes / no answer, if you have full confidence in
the following:
* All Auckland Transport staff follow standard process?
* You have total confidence in all Auckland Transport staff following
standard process?
* If Auckland Transport staff are found to have not followed standard
process, that you see no need to address both the actions of the staff
and any resultant impacts to other staff, the general public or any
other party?
Based on your answers to the questions above, can you confirm that you
have total confidence that the infringement tickets 3094510265 and
3094510286 were both issued correctly?
Following correctly following standard process accurately and in full is
very similar to correctly following NZ legislation accurately and in full.
Can you confirm that Auckland Transport staff are, with a yes / no answer
only:
* Trained in all applicable legislation to their job role / duties?
* Monitored to ensure that they are following legislation accurately and
in full?
* Subject to any disciplinary process(es) if they are not following
legislation accurately and in full?
Can you confirm what actions you perform in your role as CEO to ensure
that you have total confidence in the actions of the Auckland Transport
staff.
Note that the term “Auckland Transport staff” as used in this request,
will include all people who are employed by or are sub-contacted to or are
directed by or have any similar relationship with Auckland Transport.
Yours sincerely
SANDRA ASHWORTH
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [5]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [6]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. http://www.at.govt.nz/
2. mailto:[email address]
3. mailto:[email address]
4. https://urldefense.com/v3/__https:/fyi.o...
5. https://at.govt.nz/COVID-19
6. https://covid19.govt.nz/
From: AT Official Information (AT)
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Kia ora Sandra
I’ve attached the official information you asked for
On 6 March 2024 you asked for information about infringements served by
Auckland Transport with reference to infringement numbers 3094510265 and
3094510278.
I have attached a response from John Strawbridge - Group Manager, Parking
Services & Compliance.
I have also attached a supporting document.
Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.
You can contact the Ombudsman at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Nga mihi,
Ashleigh | LGOIMA Business Partner
Customer Care Engagement | Customer Experience
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. http://www.at.govt.nz/
3. https://at.govt.nz/COVID-19
4. https://covid19.govt.nz/
From: SANDRA ASHWORTH
Mr Dean Kimpton
Chief Executive Officer
Auckland Transport
20 Viaduct Harbour Avenue
Westhaven
Auckland 1010
1st April 2024
Dear Mr Dean Kimpton,
I’d like you to review the following request made under the Official Information Act 1982:
• https://fyi.org.nz/request/25652-failure...
My previous email was sent directly to you using the email published on the Auckland Transport website (https://at.govt.nz/about-us/our-role-org...). I was expecting a reply from you and not from John Strawbridge.
Can you confirm that you reviewed the update that John Strawbridge made in the request made under the Official Information Act 1982?
I was surprised that the letter sent to you was included in the request by “AT Official Information (AT)” on the 19th March and making it part of the request.
Similarly, can you, i.e. Dean Kimpton (AT CEO), and not any other Auckland Transport employee (or similar) ensure that all the questions which have been asked in both the email (now part of the request) and the questions I originally raised in the request have been correctly answered in full, plus that no questions have been ignored.
Can you, i.e. Dean Kimpton (AT CEO), and not any other Auckland Transport employee (or similar) confirm that all responses to date meet all the requirements set out in the
• Privacy Act 2020
• Privacy Principles as set out by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...)
• Official Information Act 1982
Yours sincerely,
Miss Sandra Ashworth
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
Auckland Transport (AT) acknowledges receipt of your request for official
information dated 2 April 2024 for a review of our response from your
previous case CAS-872460-Z4K1H9 for infringement numbers 3094510265 and
3094510278.
We hope to respond to your request as soon as possible, but no later than
the 1^st May 2024, which is 20 working days after the day your request was
received. The period of 29 March 2024 (Good Friday) and 1 April 2024
(Easter Monday) are not included as working days. If we aren’t able to
respond to your request by then, we will notify you of an extension of
that timeframe.
Your case is being managed by Ashleigh, who is one of our LGOIMA Business
partners. If you have any further queries, you can contact the team on
(09) 355 3553 during business hours, quoting Local Government Official
Information request number 8 CAS-886379-L2X5L4.
Ngā mihi,
Ane
Customer Care Coordinator
Customer and Network Performance Division
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[1]www.at.govt.nz
------------------- Original Message -------------------
From: Sandra Ashworth <[FOI #25652 email]>;
Received: Tue Apr 02 2024 12:20:06 GMT+1300 (New Zealand Daylight Time)
To: [email address] <at[Auckland Transport request email]>;
LGOIMA <at[Auckland Transport request email]>;
Subject: Re: Here’s the official information you asked for (case number
CAS-872460-Z4K1H9 ) CRM:0184]
Mr Dean Kimpton
Chief Executive Officer
Auckland Transport
20 Viaduct Harbour Avenue
Westhaven
Auckland 1010
1st April 2024
Dear Mr Dean Kimpton,
I’d like you to review the following request made under the Official Information Act 1982:
• [2]https://urldefense.com/v3/__https://fyi....
My previous email was sent directly to you using the email published on the Auckland Transport website (https://at.govt.nz/about-us/our-role-org...). I was expecting a reply from you and not from John Strawbridge.
Can you confirm that you reviewed the update that John Strawbridge made in the request made under the Official Information Act 1982?
I was surprised that the letter sent to you was included in the request by “AT Official Information (AT)” on the 19th March and making it part of the request.
Similarly, can you, i.e. Dean Kimpton (AT CEO), and not any other Auckland Transport employee (or similar) ensure that all the questions which have been asked in both the email (now part of the request) and the questions I originally raised in the request have been correctly answered in full, plus that no questions have been ignored.
Can you, i.e. Dean Kimpton (AT CEO), and not any other Auckland Transport employee (or similar) confirm that all responses to date meet all the requirements set out in the
• Privacy Act 2020
• Privacy Principles as set out by the Privacy Commissioner ([3]https://urldefense.com/v3/__https://www....)
• Official Information Act 1982
Yours sincerely,
Miss Sandra Ashworth
-----Original Message-----
Kia ora Sandra
I’ve attached the official information you asked for
On 6 March 2024 you asked for information about infringements served by
Auckland Transport with reference to infringement numbers 3094510265 and
3094510278.
I have attached a response from John Strawbridge - Group Manager, Parking
Services & Compliance.
I have also attached a supporting document.
Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.
You can contact the Ombudsman at [1][4]https://urldefense.com/v3/__http://www.o... or
freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Nga mihi,
Ashleigh | LGOIMA Business Partner
Customer Care Engagement | Customer Experience
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]http://www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. http://www.at.govt.nz/
3. https://at.govt.nz/COVID-19
4. [5]https://urldefense.com/v3/__https://covi...
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We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [7]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [8]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
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2. https://urldefense.com/v3/__https://fyi....
3. https://urldefense.com/v3/__https://www....
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5. https://urldefense.com/v3/__https://covi...
6. https://urldefense.com/v3/__https://fyi....
7. https://at.govt.nz/COVID-19
8. https://covid19.govt.nz/
hide quoted sections
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra
An outcome on the information you asked for
On 2 March 2024 you asked for a review of your previous LGOIMA request
(Case CAS-872460-Z4K1H9)
I have attached a response from Phil Wratt - Engagement Manager, Customer
Care.
Should you believe that we have not dealt with your request appropriately,
you are able to make a complaint to the Office of the Ombudsman in
accordance with section 27(3) of the LGOIMA Act and seek an investigation
and review in regard to this matter.
You can contact the Ombudsman at [1]www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the
subject line as it is. We’ll make sure this information is added to your
case.
Nga mihi,
Ashleigh | LGOIMA Business Partner
Customer Care Engagement | Customer Experience
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. file:///tmp/www.ombudsman.parliament.nz
2. http://www.at.govt.nz/
3. https://at.govt.nz/COVID-19
4. https://covid19.govt.nz/
From: SANDRA ASHWORTH
Mr Dean Kimpton
Chief Executive Officer
Auckland Transport
20 Viaduct Harbour Avenue
Westhaven
Auckland 1010
22nd April 2024
Dear Mr Kimpton,
I’d like you to review the following request made under the Official Information Act 1982:
• https://fyi.org.nz/request/25652-failure...
I have received a response from Phil Wratt which included:
• You have not reviewed the response which he wrote
• He had delegated authority from you to respond to the Official Information request made under the Official Information Act 1982
You will be very familiar with the RACI matrix used in management, which shows who is:
• R – Responsible
• A – Accountable
• C- Consulted
• I – Informed
Based on the reply, Phil Wratt was Responsible for the reply. Or did the delegation include making him Accountable for the response too? Who was Consulted and / or Informed?
Who had Accountability for the response?
Can you provide a copy of the Auckland Transport Delegations Policy.
Although a CEO can delegate work, the ultimate accountability will always remain with the CEO. Do you, Dean Kimpton, accept ultimate accountability for the actions of Auckland Transport?
There are currently multiple questions in the request which are not yet answered and they have not been responded to within the legally mandated 20 working days (Section 15(1) of the Official Information Act 1982) with the initial request from the 7th February 2024. In addition, there has been no request to extend the available time as covered in Section 15A of the Official Information Act 1982.
The following example question was one which was ignored by Phil Wratt, although there are many others.
'Can you, i.e. Dean Kimpton (AT CEO), and not any other Auckland Transport employee (or similar) confirm that all responses to date meet all the requirements set out in the
• Privacy Act 2020
• Privacy Principles as set out by the Privacy Commissioner (https://www.privacy.org.nz/privacy-act-2...)
• Official Information Act 1982'
Reviewing the Official Information requests with Auckland Transport shows multiple which are “long overdue”.
• https://fyi.org.nz/user/sandra_ashworth
Is this typical of Auckland Transport for responding to Official Information requests? Please provide statistics to validate your response.
Regards
Sandra Ashworth
From: SANDRA ASHWORTH
The following was sent by email only, so I am copying the email here to ensure we have the correspondence all in a single thread.
Sent: Thursday, 18 April 2024 at 10:35:06 am NZST
Subject: LGOIMA (case number CAS-892246-M4J6B2 ) CRM:013990002616
Kia ora Sandra
On 9/04/2024 you asked for clarity around two previous responses sent to you:
CAS-855721-Q4M2P2 - 22 February 2024.
CAS-872460-Z4KIH9 - 28 March 2024.
You have asked which one of these letters are correct?
The answer is both letters/responses are correct, you are asking different questions in each request hence different responses have been provided. I have included the responses again for clarity.
Furthermore, to reiterate, an officer can employ any one of the three methods to serve an infringement:
Officer handing infringement directly to human/person.
Officer affixes infringement to vehicle.
Officer sends infringement via mail.
Officers can exercise discretion on whichever method of serving the infringement that they feel is the most appropriate.
Should you believe that we have not dealt with your request appropriately, you are able to make a complaint to the Office of the Ombudsman in accordance with section 27(3) of the LGOIMA Act and seek an investigation and review in regard to this matter.
You can contact the Ombudsman at www.ombudsman.parliament.nz or freephone 0800 802 602.
If you have any further queries, simply reply to this email leaving the subject line as it is. We’ll make sure this information is added to your case.
Ngā mihi
Anna
LGOIMA Business Partner
From: SANDRA ASHWORTH
Hi Anna
Thank you for your response which was sent via email only, on the 18th April 2024 at 10:35am.
From your reply:
“Furthermore, to reiterate, an officer can employ any one of the three methods to serve an infringement:
• Officer handing infringement directly to human/person.
• Officer affixes infringement to vehicle.
• Officer sends infringement via mail.”
I would like you to compare this to the letter sent on the 27th February 2024 from John Strawbridge which included:
“Infringement process
Stationary Vehicle infringements issued by warranted officers patrolling on foot.
When a Warden comes across an offending vehicle, he/she uses a handheld device and, in this case, he/she manually enters the registration details of the vehicle into the device. This runs a Motocheck search in the background and supplies the Warden with the make, model, colour, registration and WOF of the vehicle to generate an infringement notice. The Warden checks the details against the licence label on the vehicle to ensure that it is correct, before serving it onto the vehicle.”
The vehicle clearly must have been stationary, otherwise the warranted officer would not have been able to attach one of the tickets.
Can you identify anywhere in the process provided by John Strawbridge, as copied above, that permits any course of action other than “…servicing it onto the vehicle”?
Although you are claiming that legally, the warranted officer could service it by any of the three methods, the process as documented only allows a single method.
This means that either:
* The warranted officer did not correctly follow the standard process as provided by John Strawbridge (Group Manager, Parking Services & Compliance)
OR
* John Strawbridge did not provide an accurate copy of the policy
Can you confirm which of the above is correct or if both are correct.
Regards
Sandra Ashworth
From: AT Official Information (AT)
Auckland Transport
Kia ora Sandra,
I refer to your request dated April 22, 2024, regarding your previous
LGOIMA responses.
Please note that a copy of the Auckland Transport Delegations Policy is
already publicly available at [1]Auckland Transport Delegations Register.
As you are able to access this information yourself, I am refusing your
request under section 17(d) of the LGOIMA (the information is publicly
available).
As previously communicated, the Chief Executive delegates specific duties
and responsibilities to Auckland Transport (AT) staff. I can confirm that
the authority to approve responses on behalf of AT for information
requests under LGOIMA has been delegated to our Customer Care Engagement
Manager, Phil Wratt. Please note that the information has been gathered
from the business unit responsible for providing it.
Should you wish to seek an investigation and review by the Ombudsman
regarding this decision, please refer to the information available at
www.ombudsman.parliament.nz or contact them via freephone at 0800 802 602.
Thank you for your understanding.
Nga mihi,
Samira Ghadimi | LGOIMA Business Partner
Customer Care Engagement | Customer Experience
Auckland Transport
20 Viaduct Harbour Avenue, Auckland 1010
[2]www.at.govt.nz
We all have an important part to play in helping to reduce the spread of
COVID-19 in our communities. [3]Find the latest information and advice
from Auckland Transport. For the latest news from the Ministry of Health
go to the [4]Unite Against Covid-19 website.
Important notice: The contents of this email and any attachments may be
confidential and subject to legal privilege. If you have received this
email message in error please notify us immediately and erase all copies
of the message and attachments; any use, disclosure or copying of this
message or attachments is prohibited. Any views expressed in this email
may be those of the individual sender and may not necessarily reflect the
views of Auckland Transport.
References
Visible links
1. https://at.govt.nz/media/wjalztmq/222-at...
2. http://www.at.govt.nz/
3. https://at.govt.nz/COVID-19
4. https://covid19.govt.nz/
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