Warranted transport enforcement officer.
Shelly made this Official Information request to New Zealand Police
The request was refused by New Zealand Police.
From: Shelly
Dear New Zealand Police,
It has come to my attention that Schedule 1, Part 4, s 8 of the Policing Act 2008 states a Police employee who is defined as a Constable in the interpretation requires a written warrant of authority to become a transport enforcement officer under the Land Transport Act 1998.
Under the Land Transport Act 1998, s 201 the ability of the ministry to delegate function and power to any other agency was repealed and has been since 1 December 2004.
Is it not true and correct for the past 20 years the NZ Police have been undertaking transport enforcement officers duties pursuant to the Land Transport Act when they are not warranted?
Yours faithfully,
Shelly
From: Ministerial Services
New Zealand Police
Tēnā koe Shelly
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 19 December 2024.
Your reference number is IR-01-24-45065.
You can expect a response to your request on or before 10 February 2025 unless an extension is needed.
(Please note this due date reflects the non-working days over the holiday period, as per the provisions of the Official Information Act.)
Ngā mihi
McCoy
Ministerial Services
Police National Headquarters
-----Original Message-----
From: Shelly <[FOI #29627 email]>
Sent: Thursday, December 19, 2024 11:01 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Warranted transport enforcement officer.
CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.
Dear New Zealand Police,
It has come to my attention that Schedule 1, Part 4, s 8 of the Policing Act 2008 states a Police employee who is defined as a Constable in the interpretation requires a written warrant of authority to become a transport enforcement officer under the Land Transport Act 1998.
Under the Land Transport Act 1998, s 201 the ability of the ministry to delegate function and power to any other agency was repealed and has been since 1 December 2004.
Is it not true and correct for the past 20 years the NZ Police have been undertaking transport enforcement officers duties pursuant to the Land Transport Act when they are not warranted?
Yours faithfully,
Shelly
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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
hide quoted sections
From: Ministerial Services
New Zealand Police
Tēnā koe Shelly
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 19/12/2024.
Kind regards,
Siena
Ministerial Services
Police National Headquarters
===============================================================
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
From: Shelly
Hi,
Thank you for publicly confirming NZ Police do not have authority on the road. Much appreciated!!
Cheers!
Shelly
From: Shelly
Inspector Peter McKennie,
You may be interested to know you cannot interpret legislation and are restricted from doing so under the lawyers and conveyancers act 2006 so, why have you stated sections of an act not knowing what they mean?
In your response which is attached you incorrectly misinterpreted the legislation act. An enforcement officer under the land transport act must be warranted under the policing act 2008 to become a "transport enforcement officer" under the "land act". An example is given under the policing roles schedule 1, part 4 s 8. drink and drug roadside test.
Section 201 of the land transport act repeals the ministry of transports ability to delegate ANY authority to ANY agency which INCLUDES the police agency. Where is the authority which warrants ministry of transport to delegate to police? Use of outside agencies is illegal.
Shelly
From: Ministerial Services
New Zealand Police
Kia ora Shelly
I have referred your response to the appropriate team. Police stands by the response provided and as referenced in the response recommend you seek independent legal assistance for any legal advice or legal interpretation.
Ngā mihi
McCoy
Advisor | Ministerial Services
Police National Headquarters
-----Original Message-----
From: Shelly <[FOI #29627 email]>
Sent: Friday, January 31, 2025 5:24 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Re: OIA Response IR-01-24-45065
CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.
Inspector Peter McKennie,
You may be interested to know you cannot interpret legislation and are restricted from doing so under the lawyers and conveyancers act 2006 so, why have you stated sections of an act not knowing what they mean?
In your response which is attached you incorrectly misinterpreted the legislation act. An enforcement officer under the land transport act must be warranted under the policing act 2008 to become a "transport enforcement officer" under the "land act". An example is given under the policing roles schedule 1, part 4 s 8. drink and drug roadside test.
Section 201 of the land transport act repeals the ministry of transports ability to delegate ANY authority to ANY agency which INCLUDES the police agency. Where is the authority which warrants ministry of transport to delegate to police? Use of outside agencies is illegal.
Shelly
-----Original Message-----
Tēnā koe Shelly
Please find attached the response to your Official Information Act request, received by New Zealand Police on 19/12/2024.
Kind regards,
Siena
Ministerial Services
Police National Headquarters
===============================================================
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
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Please use this email address for all replies to this request:
[FOI #29627 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
===============================================================
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
hide quoted sections
From: Shelly
The legislation clearly states, Ministry of Transport is the agency that governs the Land Transport Act. The NZ Police do not administer the Land Transport Act. NZTA is the agency that undertakes administrative tasks for the Ministry of Transport. The NZ Police cannot be "enforcement officers" under the LTA 1998 simply because the Ministry "cannot delegate authority to any other agency". I do not require legal advice nor do I choose to seek it claiming I am mentally incapacitated to read and apply sentences.
Have NZ Police been claiming they have authority on the roads and issuing "millions" of dollars worth of fines when they do not have authority under the LTA 1998 and no warrants pursuant to Schedule 1, Part 4, s 8 of the Policing Act 2008. (Policing Roles). An enforcement officer is not defined under the Policing Act 2008. They MUST BE A "TRANSPORT" enforcement officer.
It is a "simple question" yet no direct answer has been supplied.
Shelly
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