12 July 2016
Mr Geoff Houtman
[FYI request #4134 email]
Dear Mr Houtman
Auckland Transport - CAS-327226-K1Z7L5 - Berm Parking Query
We have reviewed your recent correspondence concerning enforcement of the Auckland
Transport Traffic Bylaw 2012.
We refer to the fol owing extract from “The LGOIMA for local government agencies, A guide
to processing requests and conducting meetings” (page 6) available on the Ombudsman’s website:
For the LGOIMA to apply, the information must be held by the agency concerned.
With the exception of providing a response to a request for a statement of reasons,
there is
no obligation on an agency to form an opinion or create information to
answer a request.
If a requester seeks information by asking a question, there is a distinction
between:
• questions which can be answered by providing information already known
to and held by the agency (official information); and
• questions which require the agency to form an opinion or provide an
explanation and so create new information to answer the request (
not
official information).
The three questions that you have asked fal into the second category, which require Auckland
Transport to form an opinion or provide an explanation, thus creating new information which is not
official information and is not within the scope of LGOIMA.
AT has however considered your questions and provides the following general comments about
enforcement of offences:
• AT has a range of enforcement options, and taking proceedings for an al eged offence is only
one option available.
• AT notes all reports of parking issues provided by members of the public and passes them on
to the appropriate team for consideration. Enforcement decisions involve an assessment
of the facts and circumstances to determine what, if any, action is appropriate.
• AT does not have unlimited resources and is required to prioritise its enforcement resources.
AT generally prioritises enforcement involving genuine safety concerns over non-safety
related enforcement.
We trust the above information has addressed the matters raised and appreciate you bringing it to
our attention.
Yours sincerely
John Strawbridge
Parking Services Manager