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1982
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50 Victoria Street
Private Bag 6995
Wellington 6141
New Zealand
30 July 2025
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
s 9(2)(a)
Smart Parking Technology Limited
Via Email to s 9(2)(a)
@smartparking.com
Notice of proposed decision to grant draft authorisation under section 241 of the Land Transport Act 1998
1982
Dear s 9(2)(a)
Act
Statutory discretion to grant 241 authorisations
The Secretary of Transport has the discretion to authorise specified persons or classes of person to access
names and addresses of persons registered in respect of motor vehicles an information on those vehicles, in
accordance with section 241(1) of the Land Transport Act 1998 (Authorisation). This function has been delegated
from the Secretary of Transport to myself, Melissa Burns, Manager, Exemptions & Registers Integrity.
Information
Consultation requirement
I am legally required to consult with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of
Police before granting an Authorisation. I have undertaken this consultation.
Official
NZ Police have no comments or concerns regarding your application. The Ombudsman can see public interest in
granting the authorised access.
the
The Office of the Privacy Commissioner raised concerns around the notification requirements, auditing
capabilities and your automated system. However, the further information you have provided has mitigated these
concerns.
under
Proposal to grant attached draft 241 Authorisation
After considering your application, I am proposing to grant you with an Authorisation under section 241(1) of the
Land Transport Act 1998. The draft purposes, terms and conditions are attached to this letter. Please note, this is
not a final decision but rather a notice of the proposed decision.
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Proposed draft Authorisation for your review
Please read the attached draft Authorisation very carefully, in particular:
Consider the specified purpose(s) of the Authorisation, and the use for which access is proposed to be
granted
o
If the Authorisation is granted, accessing information outside of the use or specified purpose
explicitly set out will be a breach of the Authorisation.
o
Please consider whether the specified purpose(s) covers your intended use.
Consider the conditions included in the draft Authorisation
o If the Authorisation is granted, and any conditions are not complied with, this will be a breach of
the Authorisation.
o It will be your responsibility to read these conditions and request clarification if needed.
o Please consider whether you will be able to comply with these conditions. If the conditions of
the Authorisation are not complied with, action may be taken such as a warning issued, access
withheld, or the Authorisation may be revoked or cancelled
o It will be your responsibility to meet the reporting requirements (as outlined in condition 19) and
submit your annual reporting to [email address] every 12 months, with the due date/month
of each report being the same as the commencement date/month in the term of authorisation.
Consider the period of time for which the Authorisation is proposed to be granted
o If the Authorisation is granted, it will expire at the time specified (and you will no longer be able
to use your access from that point on).
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o It will be your responsibility to be aware of when the Authorisation expires, and to apply for a
new Authorisation (if needed) plenty of time in advance of the Authorisation expiring.
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You have 10 working days to respond before the decision is finalised
As mentioned above, this letter provides you with notice of the proposed decision to grant the draft Authorisation.
If you wish to provide any feedback on this decision or the content in the draft Authorisation (including any
recommended changes) you must do so by 5pm on 13 August 2025, (which is 10 working days from the date of
this letter). Please provide this information, along with any supporting material, by email to [email address]
Information
Feedback you provide (if any) will be taken into account before making a final decision/granting the final
Authorisation.
Yours sincerely
Official
the
Melissa Burns
Manager
Exemptions & Registers Integrity
under
Released
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50 Victoria Street
Private Bag 6995
Wellington 6141
New Zealand
01 August 2025
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
s 9(2)(a)
Smart Parking Technology Limited
Via Email to s 9(2)(a)
@smartparking.com
Notice of decision to grant application for authorisation under section 241 of the Land Transport Act 1998
1982
Dear s 9(2)(a)
Act
Statutory discretion to grant 241 authorisations
The Secretary of Transport has the discretion to authorise specified persons or classes of person to access
names and addresses of persons registered in respect of motor vehicles and information on those vehicles, in
accordance with section 241(1) of the Land Transport Act 1998 (Authorisation). This function has been delegated
from the Secretary of Transport to myself, Melissa Burns, Manager, Exemptions & Registers Integrity.
Information
Your application for Authorisation under section 241 Authorisation
I refer to the notice of the proposed decision to grant your application for an Authorisation, dated 30 July 2025.
I note that you responded on the 31 July 2024, and your comments have been taken into considering when
Official
making our final decision.
the
Final decision
I have decided to grant you an Authorisation under section 241(1) of the Land Transport Act 1998, for the reasons
set out below.
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Reasons for decision
Factors in favour of granting an Authorisation
The application and supporting evidence provided demonstrated how Smart Parking Technology Limited
will ensure that personal information obtained from the motor vehicle register will be protected.
The advising agencies support our proposed decision to grant Smart Parking Technology Limited an
authorisation under Section 241.
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Factors against granting an Authorisation
None
Summary
Taking into account the factors set out above, I have made the decision to grant the Authorisation because I am
satisfied that personal information from the register will be kept secure by Smart Parking Technology Limited and
obtained and used only for the purposes specified in the notices attached.
If you have any further questions, please contact [email address]
Yours sincerely
Melissa Burns
Manager
Exemptions & Registers Integrity
1982
Act
Information
Official
the
under
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Gazette Notice
Authorised Access to Certain Names and Addresses held on the Motor Vehicle Register
Pursuant to section 241 of the Land Transport Act 1998 and my delegated authority, I authorise the User -
for the Specified Purpose, during the Term, and on the Conditions below - to have access to the names
and addresses of persons currently registered to motor vehicles:
• Who are currently registered in respect of a motor vehicle; and
• Who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1)
Person: Smart Parking Technology Limited
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Purpose(s):
• Where a vehicle has been parked in a car park, enforcement of which is managed by Smart
Parking Technology Limited, in breach of the parking terms and conditions; or Act
• Where there is clear footage of a motor vehicle causing damage to property in a car park,
enforcement of which is managed by Smart Parking Technology Limited; or
• Where there is clear footage of an occupant of a motor vehicle entering or leaving the vehicle,
and of the occupant causing damage to property in a car park, enforcement of which is managed
by Smart Parking Technology Limited.
In order for Smart Parking Technology Limited to:
• Send notices to the registered person advising them of the breach of the parking terms and
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conditions and requesting payment (including details of possible methods of making payment); or
• Provide the registered person information to debt collection services for the purposes of lawfully
col ecting the debt.
Term: Commencing on the 07 August 2025 this notice expires at midnight on 06 August 2030 but may be
Official
revoked at any time.
the
Conditions
Please refer to the Waka Kotahi NZ Transport Agency website here for details:
NZTA website link to final version of T&C’s
Dated this 01 of August 2025
under
Melissa Burns
Manager
Exemptions & Registers Integrity
Released
50 Victoria Street
Private Bag 6995
Wellington 6141
New Zealand
04 August 2025
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
s 9(2)(a)
Smart Parking Technology Limited
Via Email to s 9(2)(a)
@smartparking.com
Notice of decision to grant application for authorisation under section 241 of the Land Transport Act 1998
1982
Dear s 9(2)(a)
Act
Statutory discretion to grant 241 authorisations
The Secretary of Transport has the discretion to authorise specified persons or classes of person to access
names and addresses of persons registered in respect of motor vehicles and information on those vehicles, in
accordance with section 241(1) of the Land Transport Act 1998 (Authorisation). This function has been delegated
from the Secretary of Transport to myself, Melissa Burns, Manager, Exemptions & Registers Integrity.
Information
Your application for Authorisation under section 241 Authorisation
I refer to the notice of the proposed decision to grant your application for an Authorisation, dated 30 July 2025.
I note that you responded on the 31 July 2024, and your comments have been taken into considering when
Official
making our final decision.
the
Final decision
I have decided to grant you an Authorisation under section 241(1) of the Land Transport Act 1998, for the reasons
set out below.
under
Reasons for decision
Factors in favour of granting an Authorisation
The application and supporting evidence provided demonstrated how Smart Parking Technology Limited
will ensure that personal information obtained from the motor vehicle register will be protected.
The advising agencies support our proposed decision to grant Smart Parking Technology Limited an
authorisation under Section 241.
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Factors against granting an Authorisation
None
Summary
Taking into account the factors set out above, I have made the decision to grant the Authorisation because I am
satisfied that personal information from the register will be kept secure by Smart Parking Technology Limited and
obtained and used only for the purposes specified in the notices attached.
If you have any further questions, please contact [email address]
Yours sincerely
Melissa Burns
Manager
Exemptions & Registers Integrity
1982
Act
Information
Official
the
under
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Authorised Access to Certain Names and Addresses held on the Motor Vehicle Register
Pursuant to section 241 of the Land Transport Act 1998 and my delegated authority, I authorise the
User - for the Specified Purpose, during the Term, and on the Conditions below - to have access to
the names and addresses of persons currently registered to motor vehicles:
Who are currently registered in respect of a motor vehicle; and
Who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1).
Person (User): Smart Parking Technology Limited
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Purpose(s):
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Where a vehicle has been parked in a car park, enforcement of which is managed by Smart
Parking Technology Limited, in breach of the parking terms and conditions; or
Where there is clear footage of a motor vehicle causing damage to property in a car park,
enforcement of which is managed by Smart Parking Technology Limited; or
Where there is clear footage of an occupant of a motor vehicle entering or leaving the
vehicle, and of the occupant causing damage to property in a car park, enforcement of
which is managed by Smart Parking Technology Limited.
Information
In Order for Smart Parking Technology Limited to:
Send notices to the registered person advising them of the breach of the parking terms and
conditions and requesting payment (including details of possible methods of making
payment); or
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Provide the registered person information to debt collection services for the purposes of
lawfully collecting the debt.
the
Term: Commencing on 07 August 2025, this notice expires at midnight on 06 August 2030 but
may be revoked at any time. under
Definitions:
Authorised access means access or use of information that has been authorised under the terms of
this notice
Notice means the Gazette notice providing authorised access under section 241 of the Land
Transport Act 1998 to the User
Personal information means the names and addresses of persons:
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who are currently registered in respect of a motor vehicle; and
who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1)
Waka Kotahi means the New Zealand Transport Agency
Unauthorised access means access or use of information that is not authorised access
User means Smart Parking Technology Limited authorised by Waka Kotahi under Section 241 for
these terms and conditions
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Conditions:
General
1. The User must only access information for the specified purpose.
2. Information must only be accessed by the User on its own behalf.
3. Clear signage must be present each car park that indicates the presence of CCTV/ANPR
cameras (or any other method used to capture registration plate data) and that registration
plates can be searched for the specified purposes.
4. Information obtained under this authorisation shall not be disclosed to any third party
unless such disclosure is necessary to achieve a specified purpose.
Notifying relevant person that their information was accessed
5. The User must display a general statement (on the User’s website or by physical signage on 1982
the relevant site) that advises the registered persons of the following:
a. That their name and address may be obtained from the motor vehicle register; and
b. The relevant gazette notice under which the User is authorised to access the
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information; and
c. The circumstances in which this may occur and what the information will be used
for; and
d. That any person can notify the Registrar that they do not wish to have their name(s)
and address(es) made available under an authorisation.
6. A copy of the general statement displayed in accordance with clause 5 must be kept on
record in accordance with clauses 13-15.
Security systems
Information
7. Each individual person who can access the motor vehicle register on behalf of the User
must be provided with unique and identifiable log-in details that must be used each time
the individual person accesses the register. These unique details must not be shared with
any other person.
8. The User must have adequate systems and policies in place that prevent unauthorised
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access from occurring, including to:
a. provide security of information technology and data against unauthorised access;
the
and
b. ensure all staff members who use or have access to the motor vehicle register have
completed training that complies with clauses 11 and 12; and
c. ensure information accessed from the motor vehicle register is limited to
under
information needed to achieve the specific purpose for which the information is
accessed; and
d. ensure personal information is retained no longer than is necessary for the specific
purpose for which information is accessed; and
e. assist the User to identify unauthorised access, or suspected unauthorised access,
including having individual log-ins under clause 7.
Privacy breaches
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9. If the User suspects that unauthorised access has occurred (including by any other person,
whether or not acting within the authority of the User), the User must immediately notify
Waka Kotahi
10. If the User finds that unauthorised access has occurred, the User must immediately notify
both Waka Kotahi and the Privacy Commissioner.
Training
11. Staff of the User must not have access to the motor vehicle register unless they have
completed training in accessing information in accordance with section 241 and the terms
of this notice, including training on:
a. when the User can access information under section 241; and
b. how to ensure record keeping requirements are met; and
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c. how to ensure information that is obtained from the motor vehicle register is
protected; and
d. when and how to safely destroy information that was obtained from the motor
vehicle register; and
e. Obligations under the Privacy Act 2020 and information privacy principles,
including as set out in learning modules and information made available by the
Office of the Privacy Commissioner.
12. All staff must complete a refresher training course every 6 to 12 months after the date that
they last completed the training course.
Record keeping and auditing
13. The User must keep a record of every time it accesses the motor vehicle register.
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14. The record must be kept for a period of at least 18 months from the date of access.
15. The record must include:
a. the date the motor vehicle register was accessed; and
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b. the relevant plate or VIN number for the information accessed; and
c. the individual log-in that accessed the motor vehicle register on behalf of the User;
and
d. the reason the User accessed the information, including an explanation and
supporting material establishing that the specific circumstances fell within the
specified purpose; and
e. A copy of the general statement required by clause 5.
16. Records must be made available to Waka Kotahi on request, as soon as practicable but no
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later than:
a. 7 days after the date of the request - if the request is in relation to an incident or
suspected incident; or
b. 10 working days - if the request is for monitoring or auditing purposes.
17. The User must also provide such information as Waka Kotahi reasonably considers relevant
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to determining whether and how the User complies with these conditions.
18. Names and addresses obtained from the register must not be retained for longer than
the
required to achieve the specified purpose.
Reporting
19. Every 12 months the User must provide Waka Kotahi with a report containing:
a. evidence that clauses 13 to 18 have been complied with; and
under
b. a record of staff training that has taken place in accordance with the requirements
in clauses 11 and 12 over the last 12 month reporting period; and
c. all actions taken in relation to all instances, or suspected instances, of
unauthorised access over the last 12 month reporting period.
Fees
20. The User must pay the applicable fees for accessing the motor vehicle register.
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Other
21. If the User or any staff (whether or not acting within the authority of the User) breach any
conditions, then Waka Kotahi may immediately suspend or cancel the User’s access to
personal information on the motor vehicle register (under section 241(6) or (2)).
22. Nothing in this notice affects the User’s obligations under the Privacy Act 2020.
3
Gazette Notice
Authorised Access to Certain Names and Addresses held on the Motor Vehicle Register
Pursuant to section 241 of the Land Transport Act 1998 and my delegated authority, I authorise the User -
for the Specified Purpose, during the Term, and on the Conditions below - to have access to the names
and addresses of persons currently registered to motor vehicles:
• Who are currently registered in respect of a motor vehicle; and
• Who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1)
Person: Smart Parking Technology Limited
1982
Purpose(s):
• Where a vehicle has been parked in a car park, enforcement of which is managed by Smart
Parking Technology Limited, in breach of the parking terms and conditions; or Act
• Where there is clear footage of a motor vehicle causing damage to property in a car park,
enforcement of which is managed by Smart Parking Technology Limited; or
• Where there is clear footage of an occupant of a motor vehicle entering or leaving the vehicle,
and of the occupant causing damage to property in a car park, enforcement of which is managed
by Smart Parking Technology Limited.
In order for Smart Parking Technology Limited to:
• Send notices to the registered person advising them of the breach of the parking terms and
Information
conditions and requesting payment (including details of possible methods of making payment); or
• Provide the registered person information to debt collection services for the purposes of lawfully
col ecting the debt.
Term: Commencing on the 07 August 2025 this notice expires at midnight on 06 August 2030 but may be
Official
revoked at any time.
the
Conditions
Please refer to the Waka Kotahi NZ Transport Agency website here for details:
https://www.nzta.govt.nz/assets/vehicle/docs/mvr-terms-and-conditions-smart-parking-technology-
limited.pdf
Dated this 04 of August 2025
under
Melissa Burns
Manager
Exemptions & Registers Integrity
Released
