IR-01-24-45065
28 January 2025
Shelly
[FYI request #29627 email]
Dear Shelly
Thank you for your Official Information Act 1982 (OIA) request of 19 December 2024 in
which you asked:
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function and power to any other agency was repealed and has been since 1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?
Police does not provide legal advice or legal interpretation services to the public. Your
request is therefore refused under section 18(g) of the OIA as the information requested is
not held.
However, you may be interested in the interpretation of an enforcement of icer provided in
the Land Transport Act 1998 (refer to section 2). The interpretation includes a constable; a
police employee who is not a constable who is authorised for the purpose by the
Commissioner; and a person who is appointed to that office by warrant under section 208 of
the Land Transport Act 1998 or who holds that of ice by virtue of the Act.
In addition, the Policing Act 2008 defines a constable in section 4 as a police employee who
holds the office of constable, and includes a constable who holds any level of position
within the New Zealand Police.
If you need help interpreting these references, I recommend you seek independent legal
advice. Free legal help may be available to you through Community Law or the Citizens
Advice Bureau.
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
If you are not satisfied with the way I have responded to your request, you have the right
under section 28(3) of the OIA to ask the Ombudsman to review my decisions.
Information on how to do this is available online at
www.ombudsman.parliament.nz.
Yours sincerely
Inspector Peter McKennie
Acting Director: Road Policing
New Zealand Police
