10 September 2025
File Ref: IRC-8815
[FYI request #31796 email]
Tēnā koe D Dahya,
Thank you for your email dated 29 July 2025 to Te Kaunihera o Pōneke | Wellington City Council (the
Council). Your request has been considered under the Local Government Official Information and
Meetings Act 1987 (LGOIMA). Please find the questions you had raised within your correspondence
below which were under your heading of ‘Questions’, followed by our response to each:
Question 1 -
Infringement notices/fees/penalties are there to teach drivers not to breach driving laws/rules etc.
In the case outlined above how have I (and the people in the news story) been given the opportunity to modify my
driving behaviour or learn from my mistake if I received the first infringement notice after the second infringement
and fined for both?
As previously advised to you, there was no significant delay in the issuing or posting of the
infringement notices. Any delay you experienced in receiving the notices relates to New Zealand Post
and is outside of Council’s control.
We acknowledge that there are various reasons a driver may unintentional y enter a bus lane.
However, under the strict liability framework we operate within, it is necessary for appel ants to
demonstrate specific mitigating circumstances that justify the use of the lane. This framework ensures
consistency and fairness in enforcement, and it does not require Council to prove intent—only that the
offence occurred.
When the fixed camera monitoring the Cambridge Terrace bus lane went live on 24 February 2025,
the Council issued three weeks of warning notices before any infringement notices were sent. This
grace period was intended to educate drivers and al ow time to adjust to the new enforcement
measures.
It is also important to note that it is the responsibility of all drivers to be aware of and comply with the
Land Transport (Road User) Rule 2004, specifical y section 2.3(1)(f)(i), which states:
“A driver, when driving, must not use a special vehicle lane reserved for a specific class or
classes of vehicle unless the vehicle is one of the class or classes of vehicle for which the
lane is reserved”.
This rule applies regardless of whether a bus is present in the lane at the time of use.
In relation to notifying drivers that an infringement has been issued, I’d like to direct you to the
Land
Transport Act 1998, in particular section 139 Issue of infringement notice.
Section 139(2)(d)(i) states:
An infringement notice may be served if the person is the holder of a land transport document, by
serving it, or a copy of it, on that person by post at the last address the person provided for service for
the purposes of that land transport document.
Section 139(3)(b) goes on to say:
An infringement notice that is sent to a person by post under subsection (2)(c)(i) or (d)(i) must
be treated as having been served on the person when it would have been delivered in the
ordinary course of post
With this in mind, the Council has fulfil ed its obligations under the Land Transport Act in notifying a
driver when an infringement has been issued.
Question 2 -
How visible are the signs (and where are they?) advising of the rules on driving in the bus lane
because I didn't see any nor was there any reason to look for them ie I always understood that drivers are
allowed to use the bus lane as long as they are not being used by buses at the time.
It’s important to remember that there are two types of bus lanes:
1.
Bus lanes - which can be used by buses, bicycles, motorcycles/scooters, and in-service
taxis. All other vehicles can use these lanes briefly (up to 50 metres) to cross through to
another lane or turn into another street or driveway.
2.
Bus-only lanes - which can only be used by buses.
All bus and bus-only lanes are clearly identified with signage, road markings and signage indicating
the type of bus lane and its operating hours.
All bus lane designations are implemented in accordance with the Traffic Control Devices Manual
(TCDM) which includes both signage and green road markings. Bus lanes are clearly signposted, and
it is primarily the driver’s responsibility to be aware of these signs and ensure they do not use the bus
lane for more than 50 metres. Our advice to motorists is that 50 meters is the approximate length of
four buses or ten cars.
Question 3 -
I have been told that both officers (who issued the infringements) are warranted parking officers
under section 128E of the Land Transport Act 1998 and are responsible for assessing bus lane footage and
issuing special vehicle lane infringements.
Parking officers are warranted under section
128D of the Land Transport Act 1998.
Question 4 -
What is the process for verifying or manually reviewing footage before a fine is issued?
Our static cameras record both images and video footage of vehicles traveling in bus lanes. This
evidence is then manual y reviewed by a Digital Processing Officer warranted under section
128D of
the Land Transport Act 1998, who careful y assesses the footage to determine whether a traffic
offence has been committed before issuing an infringement.
Question 5 -
Were the breaches of bus lane usage monitored via video footage only or by Parking Officers
present on Cambridge Terrace?
The bus lane is monitored by a static camera. Please also refer to the above response.
Question 6 -
How many staff members monitor the bus lane infringements on Cambridge terrace and are these
newly created roles, if so, when?
Parking Services employs two ful time Digital Processing Officers who review and assess the
footage. These are not newly created roles, and the positions were filled with existing on-street
Parking Officers.
Question 7 -
Are the cameras newly installed on Cambridge Terrace, if so, when were they installed?
The static cameras on Cambridge Terrace were instal ed on 7 November 2024 and went live on 24
February 2025.
Wellington City Council | 2 of 6
Question 8 -
Because the cameras are in fixed positions how is the 50m distance breach determined by
Parking Officers?
We have identified two points on the road which serve as an enforcement zone. These have been
measured using an approved and calibrated measuring wheel. Our Digital Processing Officers are
trained to only enforce against vehicles which are videoed travelling the entire distance between
these two points.
Question 9 -
How frequently are these enforcement cameras in this location tested or calibrated and when
were they last tested?
The Council’s bus lane cameras are installed to record footage of vehicles using designated bus
lanes. These recordings are not used to automatically detect offences or issue infringements. Instead,
all footage is manually reviewed by warranted Digital Enforcement Officers, who assess whether an
offence has occurred before any infringement is issued.
There is no statutory requirement for the cameras to undergo regular calibration or testing; their
function is purely to capture visual evidence.
As such, we do not maintain a schedule for calibration or testing of these cameras. This part of your
request has been refused under section 17(g) of the LGOIMA because the requested information is
not held.
However, the equipment is monitored to ensure it continues to operate reliably and produce clear
footage suitable for review.
Question 10 -
Is the camera system vulnerable/accessible to ANY AI technology at al ?
No, the cameras just capture footage.
Question 11 -
Road marking may clearly indicate bus lanes but not the 50m threshold so how does the WCC
inform drivers of the 50 metre distance/threshold?
Bus lanes are clearly signposted and it is primarily the driver’s responsibility to be aware of these
signs and ensure they do not use the bus lane for more than 50 metres.
Again, our advice to motorists is that 50 meters is the approximate length of four buses or ten cars.
Wellington City Council has an informative video on when vehicle can use a bus lane and how to
measure the distance of a bus lane. This video is availabl
e here.
Question 12 -
How can the WCC justify $150 per infringement of this nature i.e. how did they come to this
particular amount? Any infringement fee payable in respect of an infringement offence should be the appropriate
infringement fee in respect of the relevant offence.
The fine for unauthorised use of a special vehicle lane is $150 through the Land Transport (Offence
and Penalties) Amendment Regulations 2004. This has been set by Central Government, not by the
Wellington City Council and we are not able to reduce the fine for this offence.
More information can be foun
d here and here. Question 13 -
How many multiple identical bus lane infringements (per driver) have been issued since the
cameras on Cambridge Terrace were installed - please note the date period?
Thank you for your response email to me dated 6 July 2025 on which I sought clarification on this part
of your request. You had confirmed that:
Wellington City Council | 3 of 6
I'm asking how many instances of drivers who have received multiple infringement notices for
driving in the bus lane (as in the case of the person mentioned in the news article link
provided) before knowing of the first infringement notice?
As the Council’s Parking Services team don’t capture the date an infringement holder receives a copy
of their posted infringement notice in their mailbox, we are unable to confirm this information. This part
of your request has been refused under section 17(g) of the LGOIMA because the requested
information is not held.
Question 14 -
Will WCC improve their notification processes to avoid multiple identical infringements being
issued to the same driver prior to the driver being made aware of the first infringement despite advising me it is a
NZ Post problem?
As mentioned within the response to question one, the Council has fulfilled its obligations in notifying
a driver when an infringement has been issued as per section 139(3)(b) of the Land Transport Act
which states:
An infringement notice that is sent to a person by post under subsection (2)(c)(i) or (d)(i) must
be treated as having been served on the person when it would have been delivered in the
ordinary course of post
As these requirements have been fulfilled, no changes to our notification process is required. It is the
responsibility of all drivers to be aware of, and comply with, the Land Transport (Road User) Rule
2004.
Question 15 -
Can WCC confirm that in all such cases the infringement notices were sent within 4 days of the
offence occurring and, if so, how will WCC ensure timely delivery of the notices to the recipients in future if they
believe NZ Post are at fault?
There have been no significant delays in the processing of infringements, on average infringements
take no more than four to six business days to be processed.
Parking Services had previously advised you on 27 May 2025, any delays you have experienced
relate to New Zealand Post and are outside of Council’s control.
Question 16 -
Would such circumstances not warrant a warning instead i.e. with consideration to the fact that
the driver had no control over whether he would receive the first infringement notice prior to any further identical
infringements simply because the driver was not aware of the first infringement?
In June 2024, the Council announced the rol -out of static bus lane cameras and started an
educational campaign. Since the roll out, we have shared information across council channels ahead
of the go-live of each new camera location, to give the public a heads-up and to help refresh on how
to use bus lanes.
This has included:
•
A website that has been live since June 2024, with information and regular updates on the
roll-out of fixed cameras and locations.
• The production o
f a educational video published on the Council website and YouTube.
• Email notification to taxi companies.
• Media releases and stories on Our Wel ington.
•
6 December 2024 – Progress on bus lane camera roll-out – and when it’s ok to use a bus
lane.
•
5 June 2024 – New fixed bus Lane cameras and when it’s OK to use a bus lane.
• A variety of social media posts and advertisements.
Wellington City Council | 4 of 6
The fixed camera monitoring the bus lane on Cambridge Terrace went live on 24 February 2025 with
three weeks of warning tickets being issued before we began issuing live infringements.
We appreciate that there are various reasons a driver may unintentionally enter a bus lane. However,
the Land Transport (Road User) Rules 2004/Rule 2.3(4)(b) states that a driver may cross a special
vehicle lane (bus lane) if the vehicle "drives in the lane for the minimum length necessary to complete
the manoeuvre and for no more than a maximum length of 50 metres".
It is the responsibility of a driver to ensure that they are aware of and driving in compliance with al
relevant restrictions.
Question 17 -
If the high amount is to deter future infringements- shouldn't WCC ensure we receive the first
infringement notice prior to any subsequent identical ones of the same nature?
Please refer to the response to question 12.
Correspondence dated 8 August 2025
Thank you for your further correspondence sent on 8 August at 11:46pm, as mentioned in my
response email to you dated 11 August, where you have raised any questions within this
correspondence these will be lifted and included within this response. Please find below the questions
raised in this correspondence.
Question 1 -
It is obvious that WCC/parking services are aware of the impractical time delay in mail delivery by
NZ Post so I ask what action has WCC taken to address this to ensure timely delivery of infringement notices?
Please refer to the responses to questions 13 and 14.
Question 2 -
What action have they taken to remedy this with NZ Post or to ensure timely delivery of
infringement notices because the delayed notification of the notices is not the drivers fault?
Council is not aware of any significant delivery challenges being experienced by New Zealand Post at
the time of the infringement.
We are limited to utilising data provided by NZTA to contact the registered owner of a vehicle. At
present, NZTA only provide Council with a postal address. Until the legislation is amended and NZTA
change their operating procedures, this will continue to be the case.
Status of Infringements
I understand your request made on 29 July 2025, and subsequent correspondences, is in relation to
two bus lane infringements issued to you: 480529634 and 480567641.
This response addresses your request for information regarding bus lane enforcement. For privacy
and procedural reasons, any correspondence relating to specific infringement notices—including
those associated with your vehicle—wil be handled separately. I have asked Parking Services to
email you directly regarding the status of these infringements which you should receive in due course.
I trust this information is helpful. If you have any concerns about the response, please contact
[Wellington City Council request email]. Alternatively, you are advised of your right to raise any concerns
with the Office of the Ombudsman at www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Wellington City Council | 5 of 6
Ol ie Marchant
Senior Advisor
Official Information & Privacy
Wellington City Council
Wellington City Council | 6 of 6
