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1. mailto:[New Zealand Police request email]

Hello Mr Le Grice,

 

This e-mail relates to your requested for information on the 6^th of
January 2017, regarding a motor vehicle accident in Auckland involving an
Uber driver on the 17^th of December 2016.

 

As per our phone conversation I can only provide you with limited
information at this stage, as the inquiry is still in the early stages of
investigation.

 

I can provide you with the following information from your questions
listed below.

1.       Auckland CVIU are currently investigating this incident.

2.       I am unable to answer this question due to Privacy reasons.

3.       Currently under investigation.

4.       To the best of my knowledge and as discussed not being considered
at this stage.

5.       To the best of my knowledge and as discussed no directive has
been issued regarding Uber from NZ Police Management or Ministerial.

 

As per our discussion there are other options available to you and the New
Zealand Uber Drivers Association.  As you are aware the New Zealand Police
must comply with the Privacy Act.

 

If you have any further questions, please don’t hesitate to contact me.

 

Regards Bryan

 

Sergeant Bryan Turley BTH379

Commercial Vehicle Investigation Unit, Area 1

Corner Beach Road & Stanley Street

Parnell Auckland, New Zealand

Mobile: (021) 1914219 | E-mail: [1][email address]

 

Safer Drivers, Safer Vehicles, Safer Journeys

[2]cid:image004.png@01D0BAED.8FB36AA0

To: OIA/LGOIMA requests at New Zealand Police
<[3][New Zealand Police request email]>
From: "Justin C. Le Grice"
<[4][FOI #5182 email]>
Date: 06/01/2017 02:59PM
Subject: Official Information request - Police response to accident
involving suspected "illegal" Uber driver

Dear New Zealand Police,
I am a member of the executive committee of the New Zealand Uber Drivers
Association (NZUDA) ([5]www.nzuda.org) and currently “drive for hire” in
Auckland through the Uber and Zoomy smartphone applications (apps) as well
as a contract driver for Lincoln Limousines Limited and also “drive for
hire” on my own account. All current members of the NZUDA executive
committee hold Passenger Endorsements, Transport Service Licences
(Passenger) and Private Hire Service Registrations.
I am writing to you on behalf of the NZUDA executive committee (the
committee) to enquire as to whether any enforcement actions are being
undertaken in regards to the accident on Coronation Road, Hillcrest,
Auckland at approximately 4:30 a.m. on Saturday 17th of December 2016.
This accident involved a driver using the Uber Driver app, who was driving
a Honda Civic with the registration number HBF128, and the two passengers
being Kristian Schmidt and Michael Aholelei.
Members of the committee have undertaken some basic research as to who
might have been the driver, but we have only been able to determine the
registered owner and do not know if he was in fact the driver.
We have a copy of a photo taken by one of the passengers of the front of
the Honda Civic involved and note that it appears to only have a
Registration label, and lacks the Passenger Service and Certificate of
Loading labels required to be displayed on Small Passenger Service
Vehicles (SPSV). We were unable to determine from the photo if the vehicle
had a Warrant of Fitness (WoF) or Certificate of Fitness (CoF), by a paid
enquiry through the CarJam website. This enquiry confirmed that the
vehicle was only  operating under a Warrant of Fitness.
The committee is interested to know the following;
1. Is the Commercial Vehicle Inspection Unit (CVIU) involved in any
investigations related to this incident? This vehicle was being operated
as a SPSV, which as far as we are aware falls under the purview of the
CVIU. If it is not, would you please advise us as to why not, and also
which section of the New Zealand Police is responsible for this matter and
why?
2. Was the driver a holder of a Passenger Endorsement, a Passenger Service
Licence or a Private Hire Service Registration? We are not interested in
the name of the driver, simply if he or she held the legally required
certificate, licence, endorsements and registration.
3. What charges are being considered against the driver in light of their
licence status?
4. Are charges also being considered against any of the following entities
and people related to the entities colloquially known as “Uber”, and if
they are not, then please provide the legal basis and/or opinion for this
decision?;
• Uber Technologies New Zealand Limited and its directors (currently being
Nicholas FALZON, Rob VAN DER WOUDE, and Karen Sammis WALKER),
• Uber Technologies New Zealand Limited’s General Manager Richard Menzies,
who by his own admission has “Ownership of the New Zealand market,
including regional expansion, product launch and pricing” (
[6]https://nz.linkedin.com/in/richardmenzies)
• Uber International Holding B.V. being the sole shareholder of Uber
Technologies New Zealand Limited
The committee understands that other parties to an offence are also liable
for the same charges, under the Crimes Act, Section 66. The basis for
these charges would be that by knowingly giving the driver access to the
smartphone application (the Uber Driver app) then an accident of this type
was foreseeable, and therefore preventable.
It is worth noting that prior to April 21st 2016, Uber required P
Endorsements and Passenger Service Licences from all drivers, Certificates
of Fitness for all SPSVs, and has been reminded of this obligation by the
New Zealand Transport Agency. The association has a copy of an
informational pamphlet from Ubers pre April 21st where these requirements
were laid out.
5. What advice or opinions or directions (legal, ministerial or otherwise)
has any section/unit/division of the New Zealand Police sought or received
in relation to the entity or entities known colloquially as “Uber”?
Regards
Justin C. Le Grice
Executive Member of the New Zealand Uber Drivers Association,
Uber/Zoomy/Private Hire Driver
-------------------------------------------------------------------
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