44 Bowen Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
26 September 2025
Karma
[FYI request #32156 email]
REF: OIA- 19459
Dear Karma
Request made under the Official Information Act 1982
Thank you for your email
of 29 August 2025 requesting the information under the Official Information
Act 1982 (the Act), and for clarifying your request on 2 September 2025. I have responded to each
part of your request below:
You replied: 1. Evidence/link to when the Land Transport Act (LTA) 1998 was gazetted;
The Gazette does not publish Acts of legislation themselves. The Land Transport Act 1998 (the LTA)
is published by Parliamentary Counsel Office at:
www.legislation.govt.nz/act/public/1998/0110/latest/whole.html.
You replied: 2. Evidence/link to LTA 1998 Royal assent;
However, i looked prior to requesting this information and couldn't find it
Evidence of Royal Assent in 1998 can be found by checking the specific Act of Parliament, on the
New Zealand Legislation website, where the Act's front page or text wil state the date of Royal
Assent:
[1] www.legislation.govt.nz/act/public/1998/0110/latest/DLM433613.html.
The date of assent is listed as 8 December 1998.
You replied: I have interpreted the questions 3-8 as asking about NZTA taking over the issuing of
"safety camera" (i never mentioned "safety camera" in my request, is this your justification of
issuing infringement notices / revenue col ecting)? infringement notices. Can you please clarify
whether this is what you are referring to?
As you have not specified which type of infringement notices you are seeking information on, I have
interpreted questions 3-8 as seeking information about infringement notices relating to offences
detected by safety cameras and tolling.
My request: 3. Evidence of authority for an "infringement officer" and Policy Enforcement officer",
since delegating or contracting out functions and powers were repealed on 1 December 2004
(what authority are you relying on);
My clarification: as no-one has the right to interfere with someone going about their day in their
pursuit of happiness, what legislation / authority are you reliant on for inteferring with someone's
pursuit of happiness without lawful authority, i.e. what authority are you relying on to interfere with
one's right in pursuit of happiness and going about their day?
My request 4. Interpretation i.e. meaning: "infringement officer" and legislation you are reliant on?
My clarification: Your legislation refers to "infringement officer", what is your interpretation of an
"infringement officer" and what lawful authority do they have to make any demands and to
interfere with one's right in pursuit of happiness and going about their day are you reliant on to be
able to force these demands or any implied obligations?
My request: 5. Interpretation i.e. meaning: "Policy Enforcement officer" and legislation you are
reliant on?
My clarification: Your legislation refers to "Policy Enforcement officer", what is your interpretation
of a "Policy Enforcement officer" and what lawful authority do they have to make any demands
and to interfere with one's right in pursuit of happiness and going about their day are you reliant on
to be able to force these demands or any implied obligations?
Details about the legal framework which determines the role and authority of NZ Transport Agency
Waka Kotahi (NZTA) are publicly available on our website:
https://nzta.govt.nz/about-us/about-nz-transport-agency-waka-kotahi/our-legal-framework.
As such, I am refusing this part of your request under section 18(d), as the information is publicly
available.
NZTA's governing legislation does not refer to "infringement officer" or "policy enforcement officer". I
am therefore refusing this part of your request under section 18(e) of the Act as the document al eged
to contain the information requested does not exist or, despite reasonable efforts to locate it, cannot
be found.
The LTA does refer to an ‘enforcement officer’. The interpretation for an enforcement officer can be
found in section (2)(1) of the LTA which I have copied for your reference below:
enforcement officer means—
(a) a constable:
(b) a Police employee who is not a constable who is authorised for the purpose by the Commissioner:
(c) a person who is appointed to that office by warrant under section 208 or who holds that office by
virtue of this Act:
(d) the Agency, in the circumstances set out in section 208A
My request: 6. Has LTA taken over the role of issuing infringement notices, if so, when? And
under what legislation are you reliant on?
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My clarification: It appears that the LTA is now giving out infringement notices, as reported by local
people in our area; what lawful authority does the Land Transport Agency have to make any
demands and to interfere with one's right in pursuit of happiness and going about their day are you
reliant on to be able to force these demands or any implied obligations, if so please provide proof
of any obligations to comply with any demand?
NZTA has authority under the LTA, the Land Transport (Offences and Penalties) Regulations 1999,
the Land Transport (Administration Fees for Recovery of Unpaid Tol s) Regulations 2008, and the
Land Transport (Infringement and Reminder Notices) Regulations 2012 to issue notices for certain
regulatory breaches, including infringement notices for unpaid tolls and offences identified by safety
cameras.
Regarding the issuing of infringement notices for offences detected by safety cameras, the decision for
the ownership and operation of the camera network to be transferred from NZ Police to NZTA was
made by Cabinet in 2019. After a 12-month period of transition, on 1 July 2025, NZTA became solely
responsible for the operation of the safety camera network, formerly operated by NZ Police. Further
information about this can be found on our website:
https://nzta.govt.nz/safety/driving-safely/safety-cameras/about-safety-camera-notices/safety-camera-
notices-and-penalties.
My request: 7. The name of your insurers for claims, should there be any harm/loss caused by
you;
My clarification: As part of your obligations every employee must be a "fit and proper person", if
they cause harm you have insurances to cover the harm they caused, what is the name of your
insurers and what is your liability limit?
As displayed on our website, NZTA holds Principal Arranged Insurance (PAI) through Marsh for public
liability and contract works:
https://nzta.govt.nz/roads-and-rail/highways-information-portal/technical-disciplines/insurance.
Since this information is publicly available, I am required to refuse this part of your request under 18(d)
of the Act.
Where NZTA is liable for a claim, that claim may be covered by our insurance. If a claim exceeds what
our insurance covers, NZTA is responsible for paying the remaining amount.
My Request: 8. Who is the policy writer for the legislation, statutes, Acts, and policies that you are
reliant on, and where do the policy writers get their authority from to create such "laws"?
My clarification: As nothing can be done to prejudice the people eg cause harm; policy writers
(Policy teams and public servants who write for Parliament, legislation, statues and acts) are
obligated to the people. If you are reliant on the people being obligated to Parliament, what
legislation are you reliant on and where do you get authority to force your demands on the people,
as servants of the public cannot obligate the people, impose their wil upon the people, and cannot
cause harm,
Legislation is drafted by the Parliamentary Counsel Office and passed by Parliament. Transport policy
is developed by the Ministry of Transport.
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Information on how secondary legislation, such as rules and regulations, are written and passed can
be found on our website: www.nzta.govt.nz/resources/rules/about/what-are-rules.html.
You replied: I have interpreted questions 9-11 as asking information about the difference between
registering for or owning a vehicle.
My request: 9. When purchasing a waka / car a notice would accompany the buyer as the new
owner of the "property", this has since been changed to "registered keeper", please interpret what
a "registered keeper" is, when and why this was changed, and who are the "owners" if we are now
only the registered keepers?
My clarification: Original y when purchasing a new waka / car the documentation received from
LTA would state that you are the new owner of the waka, this was later changed to the new
"registered keeper", what is a "new owner" v "registered keeper", when was this changed and why
was it changed and what does that mean for the record being a "registered keeper"? And who is
the owner?
You repied: “Registered keeper” is a term used in UK legislation. Land Transport (Motor Vehicle
Registration and Licensing) Regulations 2011 refers to “registered person”. Could you please
confirm if you are wanting to receive information on a “registered persons” responsibilities versus
owners responsibilities? Can you also please clarify what you mean by purchasing a wake?
(waka)
You repied: Some information on this can be found on our website here:
[2]Your responsibilities as the registered person | NZ Transport Agency Waka Kotahi
[3]Change of vehicle ownership | NZ Transport Agency Waka Kotahi
My request: 10. Are the "owners" of the "property" liable for al debts, charges,obligations, duties
and liabilities for that said property?
If we are not the owner, who is the owner? And wouldn't the owner be responsible for al debts,
charges, obligations, duties, and liabilities for the waka?
My request: 11. Interpretation of "Owner/s" and legislation you are reliant on?
Where is the interpretation of "owners" Are the owners the trustees? If so, who are the
beneficiaries and who is the settlor? (Trust Act 2019)
NZTA's governing legislation does not refer to a “registered keeper”. I am therefore refusing this part
of your request under section 18(e) of the Act as the document al eged to contain the information
requested does not exist or, despite reasonable efforts to locate it, cannot be found.
As previously clarified, legislation does refer to a ‘registered person’. The registered person is the
person responsible for the vehicle, but this isn’t the same thing as the legal owner. The term
‘registered person’ is used because we only record the details of the person the vehicle is registered to
on our Motor Vehicle Register (MVR). The purpose of the MVR is only to identify the person who is
accepting responsibility for a vehicle under traffic law for example for licensing, safety inspections,
fines and infringements.
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Further information about the registered persons responsibilities can be found on our website:
https://nzta.govt.nz/vehicles/how-the-motor-vehicle-register-affects-you/your-responsibilities-as-the-
registered-person#what-youre-responsible-for.
True legal title to a motor vehicle can only be proven by sales and purchase agreements or similar
documents. The interpretation for an owner, in relation to a motor vehicle, can be found in section
(2)(1) of the LTA which I have copied for your reference below:
owner, in relation to a motor vehicle, means the person lawful y entitled to possession of the vehicle,
except where—
(a) the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or
(b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence,—
in which case owner means the person who, but for the bailment or letting on hire, would be lawfully
entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings
Section 133 and 133A of the LTA outlines owner liability for offences, such as speeding offences
committed in the vehicle or parking tickets, subject to limited defences.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision to refuse
part of this request. The contact details for the Ombudsman can be located at
www.ombudsman.parliament.nz.
If you would like to discuss this reply with NZTA, please contact Ministerial Services by email to
[NZTA request email].
Yours sincerely
Prisca Gain
Team Leader, Ministerial Services
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