Speeding Infringement Data & Information
Alan Candy made this Official Information request to New Zealand Police
The request was partially successful.
From: Alan Candy
Dear New Zealand Police,
Re: Official Information Act Request
Please would you supply me the following details relating to Speeding Infringement Offences, Detection Equipment and Notices?
1. Please confirm that the Police are required to prove Speeding Infringement Offences to the Criminal Standard of Beyond Reasonable Doubt, not merely to the Civil Standard of On the Balance of Probabilities.
2. Please identify the nature of all vehicle speed detection and enforcement systems and equipment currently being used by NZ Police, for the detection of Speeding Infringements and the relied upon in the issuance of Speeding Infringement Notices against vehicles, allegedly speeding on New Zealand roads.
3. Please state the proven and certified accuracy of each of these systems. For example, one brand of mobile, van-mounted Microwave Radar based Speed Camera system has a certified accuracy of plus or minus 1 km/h.
Please report the relevant accuracy for each system in question in these terms, AND, if given, as a percentage of the indicated speed, according to the data supplied by the equipment manufacturer, and confirmed by routine calibration. Please be sure to include the speed ranges which apply to the stated accuracy (or accuracies), or vice versa, whichever is more appropriate. Certificates of Accuracy for each type of equipment in use would be sufficient to answer this question.
4. Please explain why the Police Infringement Bureau (and therefore the NZ Police as a whole) are evidently in the habit of issuing Speeding Infringement Notices for alleged offences which the NZ Police's own evidence cannot prove Beyond Reasonable Doubt?
To elaborate, when a speed of, for example, 61 km/h is registered, in a 50 km/h Speed Zone, by Speed Detection Camera equipment with an accuracy of plus or minus 1 km/h, why is the Infringement Notice issued for the speed of 61 km/h when this speed cannot be proven Beyond Reasonable Doubt? Reasonable Doubt says that there is a 33% probability of the speed being 60 km/h, and this is surely therefore the maximum speed that can be proven to this standard of proof, in this example. Please explain why the Police are not respecting this standard of proof by issuing the notices for 61 km/h in this instance.
5. Please supply detailed data for the year ended 31 December 2014 (or similar or later date if more convenient) for all Speeding Infringement Notices issued for the following excess speeds, using only equipment which has a certified accuracy of plus or minus 1 km/h (i.e. +/- 1 km/h). Please state the types of equipment included within this data set.
Speeding Infringement Notices issued where the alleged speed exceeds the posted speed limit by exactly the following amounts:
* 11 km an hour
* 16 km an hour
* 21 km an hour
* 26 km an hour
* 31 km an hour
* 36 km an hour
To elaborate, for example in a 50 km/h zone, data for each speed, for speeds of exactly 61, 66, 71, 76, 81 & 86 km/h, similarly 71, 76, ... km/h for a 60 km/h zone, etc. Please include all relevant infringement notices for the period.
6. Please supply data for the same year period as in (5), for ALL speeding Infringement notices arising from the same equipment, for speeds in the ranges listed below:
* not more than 11 km an hour
* more than 11 km an hour but not more than 16 km an hour
* more than 16 km an hour but not more than 21 km an hour
* more than 21 km an hour but not more than 26 km an hour
* more than 26 km an hour but not more than 31 km an hour
* more than 31 km an hour but not more than 36 km an hour
Please itemise these numbers according to each stated speed range.
I confirm that I am a New Zealand citizen, permanently residing in New Zealand.
I look forward to your comprehensive response.
Yours faithfully,
Alan Candy
From: MCMAHON, Teresa
New Zealand Police
Dear Alan Candy
Your information request of 29 May 2015 has been received and is being
considered under the Official Information Act 1982.
Yours sincerely
T McMahon
Ministerial Services
Police National Headquarters
PO Box 3017
Wellington
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From: SMITH, Jason
New Zealand Police
Dear Alan
Please find attached the New Zealand Police response to your Official
Information Act request.
Yours sincerely
Jason Smith
Road Policing Support | New Zealand Police - Nga Pirihimana O Aotearoa
P +64 4 470 7107 | Ext: 44407
E [1][email address]
Police National Headquarters, 180 Molesworth Street, PO Box 3017,
Wellington, 6140, New Zealand
[2]www.police.govt.nz
===============================================================
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
References
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Alan Candy left an annotation ()
As there doesn't seem to be any other place to make this report, I'll update here, for those who might be interested.
I received the OI. The case returned to Court. The Police had amended the charges to reflect my argument, as they could not prove the higher speed.
I was fined the lesser amount, plus costs, and have happily paid.
Link to this