Motor vehicle register access - potential breach of Gazette authorisation - Wilson Parking / Parking Enforcement Services
Cody C made this Official Information request to New Zealand Transport Agency
The request was successful.
From: Cody C
Dear New Zealand Transport Agency,
Please treat this as an Official Information Act request. For the purposes of the Act, I am a New Zealand citizen and ordinarily residing in New Zealand at the time of making this request. You generally have 20 working days to respond to this notice, as required by law. Your response will be published publicly on the fyi.org.nz website.
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I am writing in reference to the Gazette (dated 29 September 2011), wherein authorisation to access the Motor Vehicle Register is granted to Wilson Parking New Zealand Limited. I will treat refer herein to the company collectively as Wilson, including its sub companies:
Wilson Security New Zealand Limited
Wilson Princes Wharf One Limited
Wilson Princes Wharf Two Limited
Wilson Princes Wharf Three Limited
Wilson Princes Wharf Four Limited
Wilson Princes Wharf Five Limited
Wilson AA Limited
Tournament Railways Limited
Victoria Street Parking Centre Limited
First Security Guard Services Limited
---
1. A time period is mentioned for the grant of access to Wilson ("[..] to 30 April 2016"). Has this timeframe been exceeded or a new authorisation given? Please provide the newest Gazette where this is mentioned if a new authorisation has been given. I could not locate it (https://gazette.govt.nz/home/NoticeSearc...).
2. A number of conditions are imposed in the authorisation, such as:
(a) The names and addresses are accessed only by Wilson Parking New Zealand Limited on its own behalf and solely for its own use;
(b) The names and addresses are accessed only for a specified purpose;
(g) The names and addresses obtained under this authorisation shall not be disclosed to any third party unless such disclosure is necessarily incidental to achieving a specified purpose.
It has come to my attention that Wilson may have, on a substantial number of occasions, disclosed information gained from the MVR to a third-party company (Parking Enforcement Services Limited) for the purposes of "debt collection", or similar.
Given that "debt collection", or similar, are not mentioned as a specified purpose (section B) and that the information is provided to a third-party company which is not listed as a subsidiary company of Wilson (section A) this would seem to contravene section C of the conditions.
Given this information, can you please confirm that NZTA believes that Wilson is or is not complying with their obligations under the Gazette authorisation? Noting that under section D "any identified instances of unauthorised access are immediately notified to the Secretary for Transport and the Privacy Commissioner".
Yours faithfully,
Cody C
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From: Cody C
Dear New Zealand Transport Agency,
Please discontinue the second half of my request. I have located information to resolve this.
I would still like a reply to the first part of my request.
Yours faithfully,
Cody C
From: Official Correspondence
New Zealand Transport Agency
Dear Cody
This email acknowledges your below request made under the Official
Information Act 1982 for information. It also acknowledges your further
correspondence discontinuing the second half of your request.
Your request has been forwarded to the appropriate section of the
Transport Agency for response. They will contact you if they require
clarification of your request, more time to respond, or if your request
has been transferred to another organisation to respond to. Unless more
time is required, the Transport Agency will send a response to you within
20 working days of receiving your request – in this instance by 10 May
2017.
If you would like to discuss your request with the Transport Agency,
please contact us by email at [1][email address].
Regards
_________ _____________________________________________
Official Correspondence Unit
Office of the Chief Executive
National Office / Victoria Arcade, 50 Victoria Street,
Private Bag 6995, Wellington 6141, New Zealand
_________ _____________________________________________
[2]cid:image001.jpg@01CF322A.4C836B10
[3]cid:image002.jpg@01CF322A.4C836B10 [4]cid:image003.jpg@01CF322A.4C836B10 [5]cid:image004.jpg@01CF322A.4C836B10
-----Original Message-----
From: Cody C
To: [6][email address]
Sent: 7/04/2017 9:35:23 p.m.
Subject: Official Information request - Motor vehicle register access -
potential breach of Gazette authorisation - Wilson Parking / Parking
Enforcement Services
Dear New Zealand Transport Agency,
Please treat this as an Official Information Act request. For the purposes
of the Act, I am a New Zealand citizen and ordinarily residing in New
Zealand at the time of making this request. You generally have 20 working
days to respond to this notice, as required by law. Your response will be
published publicly on the
[7]http://scanmail.trustwave.com/?c=2838&am...
website.
---
I am writing in reference to the Gazette (dated 29 September 2011),
wherein authorisation to access the Motor Vehicle Register is granted to
Wilson Parking New Zealand Limited. I will treat refer herein to the
company collectively as Wilson, including its sub companies:
Wilson Security New Zealand Limited
Wilson Princes Wharf One Limited
Wilson Princes Wharf Two Limited
Wilson Princes Wharf Three Limited
Wilson Princes Wharf Four Limited
Wilson Princes Wharf Five Limited
Wilson AA Limited
Tournament Railways Limited
Victoria Street Parking Centre Limited
First Security Guard Services Limited
---
1. A time period is mentioned for the grant of access to Wilson ("[..] to
30 April 2016"). Has this timeframe been exceeded or a new authorisation
given? Please provide the newest Gazette where this is mentioned if a new
authorisation has been given. I could not locate it
([8]http://scanmail.trustwave.com/?c=2838&am...
2. A number of conditions are imposed in the authorisation, such as:
(a) The names and addresses are accessed only by Wilson Parking New
Zealand Limited on its own behalf and solely for its own use;
(b) The names and addresses are accessed only for a specified purpose;
(g) The names and addresses obtained under this authorisation shall not be
disclosed to any third party unless such disclosure is necessarily
incidental to achieving a specified purpose.
It has come to my attention that Wilson may have, on a substantial number
of occasions, disclosed information gained from the MVR to a third-party
company (Parking Enforcement Services Limited) for the purposes of "debt
collection", or similar.
Given that "debt collection", or similar, are not mentioned as a specified
purpose (section B) and that the information is provided to a third-party
company which is not listed as a subsidiary company of Wilson (section A)
this would seem to contravene section C of the conditions.
Given this information, can you please confirm that NZTA believes that
Wilson is or is not complying with their obligations under the Gazette
authorisation? Noting that under section D "any identified instances of
unauthorised access are immediately notified to the Secretary for
Transport and the Privacy Commissioner".
Yours faithfully,
Cody C
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Find the latest transport news, information, and advice on our website:
[13]www.nzta.govt.nz
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From: Official Correspondence
New Zealand Transport Agency
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Dear Cody,
Please find attached the response to your request for information under
the Official Information Act 1982 of 7 April 2017.
Regards
Official Correspondence Unit
Office of the Chief Executive
National Office / Victoria Arcade, 50 Victoria Street,
Private Bag 6995, Wellington 6141, New Zealand
_________ _____________________________________________
[1]cid:image001.jpg@01CF322A.4C836B10
[2]cid:image002.jpg@01CF322A.4C836B10 [3]cid:image003.jpg@01CF322A.4C836B10 [4]cid:image004.jpg@01CF322A.4C836B10
Find the latest transport news, information, and advice on our website:
[5]www.nzta.govt.nz
--------------------------------------------------------------------------
This email is only intended to be read by the named recipient. It may
contain information which is confidential, proprietary or the subject of
legal privilege. If you are not the intended recipient you must delete
this email and may not use any information contained in it. Legal
privilege is not waived because you have read this email.
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From: Cody C
Dear Official Correspondence,
Can you please confirm under what legislation that this exemption was granted?
Yours sincerely,
Cody C
From: Cody C
Dear Official Correspondence,
Please confirm receipt of my amended request.
Yours sincerely,
Cody C
From: Official Correspondence
New Zealand Transport Agency
Dear Cody,
Thank you for your follow-up email in regards to your Official Information
Act request of 7 April 2017.
The authorisation for Wilson Parking New Zealand Limited to access the
Motor Vehicle Register is continued under section 241 of the Land
Transport Act 1998.
We hope that this answers your question.
Kind Regards,
Official Correspondence Unit
Office of the Chief Executive
National Office / Victoria Arcade, 50 Victoria Street,
Private Bag 6995, Wellington 6141, New Zealand
_________ _____________________________________________
[1]cid:image001.jpg@01CF322A.4C836B10
[2]cid:image002.jpg@01CF322A.4C836B10 [3]cid:image003.jpg@01CF322A.4C836B10 [4]cid:image004.jpg@01CF322A.4C836B10
-----Original Message-----
From: Cody C [[5]mailto:[FOI #5696 email]]
Sent: Friday, 5 May 2017 9:11 a.m.
To: Official Correspondence
Subject: Re: OIA-2918 Response
Dear Official Correspondence,
Can you please confirm under what legislation that this exemption was
granted?
Yours sincerely,
Cody C
-----Original Message-----
Dear Cody,
Please find attached the response to your request for information under
the Official Information Act 1982 of 7 April 2017.
Regards
Official Correspondence Unit
Office of the Chief Executive
National Office / Victoria Arcade, 50 Victoria Street, Private Bag 6995,
Wellington 6141, New Zealand
_________ _____________________________________________
[1][6]cid:image001.jpg@01CF322A.4C836B10
[2][7]cid:image002.jpg@01CF322A.4C836B10 [3][8]cid:image003.jpg@01CF322A.4C836B10 [4][9]cid:image004.jpg@01CF322A.4C836B10
Find the latest transport news, information, and advice on our website:
[http://scanmail.trustwave.com/?c=2838&am...
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Please use this email address for all replies to this request:
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Disclaimer: This message and any reply that you make will be published on
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If you find this service useful as an Official Information officer, please
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page.
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Find the latest transport news, information, and advice on our website:
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