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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-----Original Message-----
From: Geoff. Waterhouse <[FOI #28405 email]>
Sent: Monday, September 16, 2024 4:02 PM
To: Official Correspondence <[email address]>
Subject: Official Information request - Are Infringement Notices/Speeding
Tickets Strict Liability Offences

 

[You don't often get email from
[3][FOI #28405 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear New Zealand Transport Agency,

 

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?"

 

Yours faithfully,

 

Geoff. Waterhouse

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[5][FOI #28405 email]

 

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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

[1]Connect with us on Social Media

 

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-----Original Message-----
From: Geoff. Waterhouse <[FOI #28405 email]>
Sent: Thursday, September 19, 2024 12:37 PM
To: Official Correspondence <[email address]>
Subject: RE: Official Information request - Are Infringement
Notices/Speeding Tickets Strict Liability Offences

 

[You don't often get email from
[3][FOI #28405 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear Official Correspondence,

What is the difference between Ministry of Transport and NZTA? NZTA, as
far as I know, based on past experience, is responsible for OIA requests
such as this. NZTA is the one that provide fact sheets, certainly relating
to Small Passenger Service Operations.

 

Yours sincerely,

 

Geoff. Waterhouse

 

-----Original Message-----

 

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

 

[1]Connect with us on Social Media

 

[2][IMG]

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[5][FOI #28405 email]

 

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[6]https://aus01.safelinks.protection.outlo...

 

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page.

 

-------------------------------------------------------------------

 

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References

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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

[1]Connect with us on Social Media

 

[2][IMG]

 

 

-----Original Message-----
From: Geoff. Waterhouse <[FOI #28405 email]>
Sent: Monday, September 23, 2024 9:16 AM
To: Official Correspondence <[email address]>
Subject: RE: Official Information request - Are Infringement
Notices/Speeding Tickets Strict Liability Offences

 

Dear Official Correspondence,

I find this reply  "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." quite amazing.
I have always been under the impression, based on past experience, that
NZTA always dealt with OIA enquiries. Has that changed or is this an
enquiry too hard for the people at NZTA to handle? If NZTA cannot deal
with enquiries like this, why do they put out "fact sheets" supposedly
providing information on this type of thing. I am also curious to know why
I am being ignored by one Phil Hatley at NZTA?

 

Yours sincerely,

 

Geoff. Waterhouse

 

-----Original Message-----

 

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.

 

 

 

Ngâ mihi

 

Ministerial Services

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

 

[1]Connect with us on Social Media

 

 

 

[2][IMG]

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[3][FOI #28405 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://aus01.safelinks.protection.outlo...

 

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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is classified and/or subject to legal privilege. Any classification
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must not peruse, disclose, disseminate, copy or use the message in any
way. If you have received this message in error, please notify us
immediately by return email and then destroy the original message. This
communication may be accessed or retained by Waka Kotahi NZ Transport
Agency for information assurance purposes.

References

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hide quoted sections

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

 

 

 

 

-----Original Message-----
From: Geoff. Waterhouse
<[5][FOI #28405 email]>
Sent: Monday, September 16, 2024 4:02 PM
To: Official Correspondence <[6][email address]>
Subject: Official Information request - Are Infringement Notices/Speeding
Tickets Strict Liability Offences

 

[You don't often get email from
[7][FOI #28405 email]. Learn why this is
important at [8]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear New Zealand Transport Agency,

 

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?"

 

Yours faithfully,

 

Geoff. Waterhouse

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[9][FOI #28405 email]

 

Is [10][NZTA request email] the wrong address for Official
Information requests to New Zealand Transport Agency? If so, please
contact us using this form:

[11]https://aus01.safelinks.protection.outlo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[12]https://aus01.safelinks.protection.outlo...

 

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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