Local Authority Parking Wardens and Enforcement
James Kent made this Official Information request to Ministry of Transport
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From: James Kent
Dear Ministry of Transport,
I would like to kindly request the following information (If available):
1. I note that the Land Transport Act specifies that a parking warden is entitled to demand the details of the driver, or anyone in a vehicle, while enforcing parking offences. It is a criminal offence if the driver refuses this information. Why are parking wardens entitled by law to this information if everything they need can be obtained from the registration plate of a vehicle?
2. I also note that the Land Transport Act specifies that a parking warden can direct the driver or person in charge of a vehicle to move their vehicle if it causes an obstruction. Why is it an offence to fail to provide your details, but there is no specified offence for refusing to comply with the directions of a parking warden? Was this an oversight?
3. I note that the Land Transport Act allows parking wardens to order incorrectly-registered vehicles off the road via a "Notice". What is the prescribed form for this notice?
3. Why was it decided that parking wardens may break traffic rules if necessary in the execution of their duty (Road User Rule)?
4. I note that infringement regulations were updated to specify that infringements can be served via an electronic address, why were Stationary Vehicle Offences excluded from this?
5. LTA Section 128D States:
"A local authority that appoints a person under subsection (1) is liable for the actions of that person as a parking warden in all respects as if—
(a)
that person were an officer or employee of the local authority (whether or not that is the case); and
(b)
any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority."
Does the ministry have information on what this actually means? Does it apply to contractors?
6. Why are local authority parking wardens permitted to enforce special vehicle lane offences, and offences involving trucks not displaying a red marker light during the hours of darkness? This makes the name "parking warden" a misnomer, as it appears they deal with matters other than parking.
7. I note that parking wardens were also entitled to enforce offences relating to the drivers of Small Passenger Service Vehicles leaving their vehicles unattended on a Taxi Stand, or causing an obstruction on the road, or using a Taxi Stand when not available for hire. These offences were removed by the MOT when the Operator Licensing Rule was replaced in 2017. Why were these offences decided not to be continued?
8. What is the update on Parking Infringement (along with other infringement penalties) fees being increased due to the fact that they haven't gone up in decades, and it is very often just stalled when brought up to be reviewed. Can the MOT please release the proposed new penalties for parking offences? (I may make a complaint to the ombudsman if this is not released).
9. Is the MOT considering empowering parking wardens to enforce an even greater range of offences?
Yours faithfully,
James Kent
From: OCU
Ministry of Transport
Kia ora James,
On behalf of the Ministry of Transport, I acknowledge your Official
Information Act request of 30 March 2024 seeking:
“I would like to kindly request the following information (If available):
1. I note that the Land Transport Act specifies that a parking warden is
entitled to demand the details of the driver, or anyone in a vehicle,
while enforcing parking offences. It is a criminal offence if the driver
refuses this information. Why are parking wardens entitled by law to this
information if everything they need can be obtained from the registration
plate of a vehicle?
2. I also note that the Land Transport Act specifies that a parking warden
can direct the driver or person in charge of a vehicle to move their
vehicle if it causes an obstruction. Why is it an offence to fail to
provide your details, but there is no specified offence for refusing to
comply with the directions of a parking warden? Was this an oversight?
3. I note that the Land Transport Act allows parking wardens to order
incorrectly-registered vehicles off the road via a "Notice". What is the
prescribed form for this notice?
3. Why was it decided that parking wardens may break traffic rules if
necessary in the execution of their duty (Road User Rule)?
4. I note that infringement regulations were updated to specify that
infringements can be served via an electronic address, why were Stationary
Vehicle Offences excluded from this?
5. LTA Section 128D States:
"A local authority that appoints a person under subsection (1) is liable
for the actions of that person as a parking warden in all respects as if—
(a)
that person were an officer or employee of the local authority (whether or
not that is the case); and
(b)
any directions given or control exercised by any other person over the
parking warden in that capacity were directions given or control exercised
by the local authority."
Does the ministry have information on what this actually means? Does it
apply to contractors?
6. Why are local authority parking wardens permitted to enforce special
vehicle lane offences, and offences involving trucks not displaying a red
marker light during the hours of darkness? This makes the name "parking
warden" a misnomer, as it appears they deal with matters other than
parking.
7. I note that parking wardens were also entitled to enforce offences
relating to the drivers of Small Passenger Service Vehicles leaving their
vehicles unattended on a Taxi Stand, or causing an obstruction on the
road, or using a Taxi Stand when not available for hire. These offences
were removed by the MOT when the Operator Licensing Rule was replaced in
2017. Why were these offences decided not to be continued?
8. What is the update on Parking Infringement (along with other
infringement penalties) fees being increased due to the fact that they
haven't gone up in decades, and it is very often just stalled when brought
up to be reviewed. Can the MOT please release the proposed new penalties
for parking offences? (I may make a complaint to the ombudsman if this is
not released).
9. Is the MOT considering empowering parking wardens to enforce an even
greater range of offences?”
We will endeavour to respond to your request as soon as possible, and in
any event no later than 30 April 2024 being 20 working days after the day
your request was received. If we are unable to respond to your request by
then, we will notify you of an extension of that timeframe.
The Ministry publishes Official Information Act responses on our website
when there may be wider interest in the information released. This means
the information provided to you might be published after you have received
it.
Ngâ mihi
Harry (He / Him)
Kaitohutohu - Tuhinga Ôkawa|Adviser - Accountability and Correspondence
show quoted sections
From: OCU
Ministry of Transport
Kia ora James,
This email is to notify you that the Ministry is extending the 20 working
days available to it to respond to your Official Information Act request
pursuant to section 15A(1)(b) of the Act.
We require an additional 15 working days as “consultations necessary to
make a decision on the request are such that a proper response to the
request cannot reasonably be made within the original time limit”.
You may now expect a full response to your request by 21 May 2024.
However, we will endeavour to respond to your request before this date.
Please note you have the right under section 28(3) of the Act to approach
the Ombudsman about this extension.
Ngâ mihi nui,
Harry Atkins (He / Him)
Kaitohutohu - Tuhinga Ôkawa|Adviser - Accountability and Correspondence
From: OCU <[MOT request email]>
Sent: Tuesday, April 2, 2024 11:29 AM
To: James Kent <[FOI #26267 email]>
Subject: RE: Official Information request - Local Authority Parking
Wardens and Enforcement OC240337
Kia ora James,
On behalf of the Ministry of Transport, I acknowledge your Official
Information Act request of 30 March 2024 seeking:
“I would like to kindly request the following information (If available):
1. I note that the Land Transport Act specifies that a parking warden is
entitled to demand the details of the driver, or anyone in a vehicle,
while enforcing parking offences. It is a criminal offence if the driver
refuses this information. Why are parking wardens entitled by law to this
information if everything they need can be obtained from the registration
plate of a vehicle?
2. I also note that the Land Transport Act specifies that a parking warden
can direct the driver or person in charge of a vehicle to move their
vehicle if it causes an obstruction. Why is it an offence to fail to
provide your details, but there is no specified offence for refusing to
comply with the directions of a parking warden? Was this an oversight?
3. I note that the Land Transport Act allows parking wardens to order
incorrectly-registered vehicles off the road via a "Notice". What is the
prescribed form for this notice?
3. Why was it decided that parking wardens may break traffic rules if
necessary in the execution of their duty (Road User Rule)?
4. I note that infringement regulations were updated to specify that
infringements can be served via an electronic address, why were Stationary
Vehicle Offences excluded from this?
5. LTA Section 128D States:
"A local authority that appoints a person under subsection (1) is liable
for the actions of that person as a parking warden in all respects as if—
(a)
that person were an officer or employee of the local authority (whether or
not that is the case); and
(b)
any directions given or control exercised by any other person over the
parking warden in that capacity were directions given or control exercised
by the local authority."
Does the ministry have information on what this actually means? Does it
apply to contractors?
6. Why are local authority parking wardens permitted to enforce special
vehicle lane offences, and offences involving trucks not displaying a red
marker light during the hours of darkness? This makes the name "parking
warden" a misnomer, as it appears they deal with matters other than
parking.
7. I note that parking wardens were also entitled to enforce offences
relating to the drivers of Small Passenger Service Vehicles leaving their
vehicles unattended on a Taxi Stand, or causing an obstruction on the
road, or using a Taxi Stand when not available for hire. These offences
were removed by the MOT when the Operator Licensing Rule was replaced in
2017. Why were these offences decided not to be continued?
8. What is the update on Parking Infringement (along with other
infringement penalties) fees being increased due to the fact that they
haven't gone up in decades, and it is very often just stalled when brought
up to be reviewed. Can the MOT please release the proposed new penalties
for parking offences? (I may make a complaint to the ombudsman if this is
not released).
9. Is the MOT considering empowering parking wardens to enforce an even
greater range of offences?”
We will endeavour to respond to your request as soon as possible, and in
any event no later than 30 April 2024 being 20 working days after the day
your request was received. If we are unable to respond to your request by
then, we will notify you of an extension of that timeframe.
The Ministry publishes Official Information Act responses on our website
when there may be wider interest in the information released. This means
the information provided to you might be published after you have received
it.
Ngâ mihi
Harry (He / Him)
Kaitohutohu - Tuhinga Ôkawa|Adviser - Accountability and Correspondence
show quoted sections
From: James Kent
Dear Harry,
Please also add the following to my request:
1. A full list of Precedent-Codes (P-Codes) enforceable by parking wardens, include P-series, K-Series, V-Series,C- Series. Please exclude P-Codes created by local authority bylaws.
Yours sincerely,
James Kent
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