Private Bag 6995, Wellington 6141, New Zealand
From: Damien Le Breton
Sent: Monday, 2 October 2017 3:08 p.m.
To: Richard OReilly
Cc: Andrea McDonald; Steve Penman; Dave Chowdhury; Michael Cummins; Robert Brodnax; Martin
McMullan
Subject: RE: Small Passenger Service Requirements.
Hey Richard,
Thanks for this – the reason I ask for formal confirmation is that given the nature of the issue and
potential risks/outcomes involved, I think it would be wise to elevate the discussion/decision
making and give visibility of the issue at the SLT level.
Cheers,
Damien
From: Damien Le Breton
Sent: Monday, 2 October 2017 2:30 p.m.
To: Richard OReilly
Cc: Andrea McDonald; Steve Penman; Dave Chowdhury; Michael Cummins
Subject: RE: Small Passenger Service Requirements.
Hi Richard,
Appreciate that – I’m just seeking some certainty on decision making and that the discussion has
been had at the appropriate level before I commit to what is potentially a lot of work.
Damien
From: Richard OReilly
From: Richard OReilly
Sent: Monday, 2 October 2017 1:35 p.m.
To: Damien Le Breton
Cc: Andrea McDonald; Steve Penman; Dave Chowdhury; Michael Cummins
Subject: RE: Small Passenger Service Requirements.
Hi Damien, I will send you a formal response shortly, but there isn’t much more that the
Agency can confirm other than what is in the material you have already been provided
with.
If you want to have a discussion, please feel free to give me a call.
Cheers
Richard
Richard O’Reilly
/ Lead Advisor Regulatory Policy
From:
Martin McMullan
To:
Barbara Tebbs; Damien Le Breton
Subject:
Fwd: Choice and Facilitator Role
Date:
Saturday, 28 October 2017 2:19:50 PM
FYI
Begin forwarded message:
From: Fergus Gammie <[email address]>
Subject: Choice and Facilitator Role
Date: 27 October 2017 at 7:20:17 PM GMT-4
To: Barbara Harrison <[email address]>, Bernice
McLaughlin <[email address]>, Charles Ronaldson
<[email address]>, Emma Speight
<[email address]>, Fergus Gammie
<[email address]>, Giles Southwell
<[email address]>, Harry Wilson
<[email address]>, Howard Cattermole
<[email address]>, Jenny Chetwynd
<[email address]>, Jim Harland
<[email address]>, Leigh Mitchell
<[email address]>, Martin McMullan
<[email address]>, Parekawhia McLean
<[email address]>, Peter Clark
<[email address]>, Raewyn Bleakley
<[email address]>, Robert Brodnax
<[email address]>, Robyn Fisher
<[email address]>, Tommy Parker
<[email address]>
Kia Ora
As you may be aware there is some legal doubt regarding the status of applications
such as Choice, Google or the Air New Zealand app under the new small passenger
services rules. We believe that it was not the intention of the Land Transport
Amendment Act 2017 to catch these Apps however the matter has not yet been
judicially considered. It is arguable that the manner in which these Apps assist in
connecting the public to drivers operates, may fall within the definition of
'facilitators' in the Act. It is equally arguable that these Apps are no more than call
centres and excluded from the definition of Facilitator.
We are seeking legal advice to clarify which is the case. In the mean-time Choice
will apply for the relevant licence purely as a precaution and to ensure that there is
no doubt that the Agency takes compliance with the legislation and the safety of
the public seriously. The team are also reviewing what we can do to the App to
ensure that there are appropriate in-built protections for users.
I have spoken to Robert and he has agreed to work with Connected Journey
Solutions and the CDD team to expedite the application process. Robert has also
clarified that our compliance focus remains on the areas of highest risk at this point
in time which is the companies that actually employ drivers, the drivers and their
vehicles themselves.
Regards
Fergus
Fergus Gammie/ Chief Executive
s 9(2)(a)
E [email address]
/ w nzta.govt.nz
National Office / Victoria Arcade, 50 Victoria Street,
Private Bag
6995, Wellington 6141, New Zealand
_________
_____________________________________________
Martin McMullan
Director, Connected Journeys
Connected Journeys Solutions
DDI s 9(2)(a)
From:
Debbie Despard
To:
Damien Le Breton; Barbara Tebbs
Cc:
Andrea McDonald
Subject:
RE: Confirming Choice"s legal advice re SPS
Date:
Wednesday, 22 November 2017 7:43:08 AM
HI Damien
Just confirming that we are comfortable with this result. Barbara I’ve sent you a note about this
also.
Kind regards
Deb
From: Damien Le Breton
Sent: Monday, 20 November 2017 5:30 PM
To: Barbara Tebbs <[email address]>; Debbie Despard
<[email address]>
Cc: Andrea McDonald <[email address]>
Subject: Confirming Choice's legal advice re SPS
Hi there,
Just to confirm, we’ve had legal advice come back from Chapmann Tripp which suggests
the legislative intent of the SPS reform puts Choice outside of the regulatory framework.
I’ve attached the legal advice for your review.
At this stage, based on this advice, we don’t intend on applying for a small PSL.
Let me know if you want to discuss further.
Cheers,
Damien
Damien Le Breton
Senior Manager, Incubation
Connected Journey Solutions
NZ Transport Agency
t 04 894 6382 / s 9(2)(a)
/ e [email address]
