Kia ora Geoff

 

Your below query has been transferred to Ministry of Transport for
response as this is more closely connected with their functions.

 

You will hear from them in due course.

 

Ngā mihi
Chanell

 

Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

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Kia ora Geoff

 

Thank you for your email of 19 September 2024.

 

The Ministry of Transport oversees all transport policy and advises the
Minister of Transport. Waka Kotahi acts as the land transport regulator
and delivers on land transport policy.

 

Your request sits with Ministry of Transport as they are best placed to
advise you about the legislation on the matter you raise.

 

Ngā mihi

Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

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Kia ora Geoff

 

Thank you for your email of 23 September 2024.

 

NZ Transport Agency respond to Official Information Act requests that fall
within our responsibilities. If a request is more closely connected to the
functions of another Agency then it will be transferred.

 

We haven’t been able to locate a staff member named Phil Hatley. Can you
please confirm if this is the correct name?

 

Ngâ mihi

 

Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

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Dear Geoff,

 

Thank you for your OIA request to the NZ Transport agency about whether
Speeding Tickets/Infringement Notices are strict liability offences. A
response to this request has been transferred to the Ministry of
Transport.

 

Exceeding the speed limit is a strict liability offence. A strict
liability offence is one where it is not necessary for the person accused
of the offence to have intended to commit the offence to be guilty of it.
For example, a driver travelling in a line of traffic that speeds up may
themselves exceed the speed limit and be liable for an infringement fee if
detected regardless of whether they realised they were speeding or
consciously intended to speed.

 

It is not usually necessary for legislation to state whether an offence is
a strict liability offence as this is usually apparent from the language
of the provision. “Failure”, for example, in the context of section 79M of
the Land Transport Act “fails to pay a passenger service fare” simply asks
if a person has or has not paid the fare that they are liable to pay.

 

Section 134 of the Land Transport Act 1998 is an exception to that and
clarifies any ambiguity in the words “fails to ensure” in relation to the
offence of having an insecure load, prohibited by section 42 of that Act.

 

Section 128E(2)(b) of the Land Transport Act is an example of what it is
called a “mens rea” (guilty mind) offence. For an offence to be committed
not only does the information given to the parking warden have to be
factually false, but the person who gives the information must be proved
to have known at the time it was false.

 

There is some information about how offences are categorised in chapter 24
of the Legislation Design and Advisory Committee Guidelines
[1]https://www.lac.org.nz/guidelines/legisl....

 

Kind regards,

Alyssa Murphy [2](she / her)
Business Support Te Rôpu Âwhina Pakihi
Ministry of Transport Te Manatû Waka
M: +64 4 439 9000 E: [3][email address] | [4]transport.govt.nz

 

 

 

 

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Kia ora Geoff

 

Thank you for your email of 24 September 2024.

 

We understand that the Complaints Escalation team had taken over
responding to your queries. They do not have any pending questions from
you at the moment however please contact them at
[1][email address] if you require assistance.

 

Ministry of Transport have advised they will respond to your below
question as soon as possible.

 

“I wish to know if Speeding Tickets/Infringement Notices are strict
liability offences. Is it not true that strict liability offences are to
be specified, or at least implied, in legislation I have read through the
Land Transport Act 1998 and the following are the only examples that I can
find indicating strict liability Section 79M - Contravention of alcohol
interlock sentence Section 79S - Contravention of zero alcohol licence
Section 128E - Failure to pay passenger service fares Section 134 -
Offences involving insecure loads and loads falling from vehicles So, just
to repeat, "are speeding tickets. infringement notices strict liability
offences?"

 

Ngā mihi

 

Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

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