Shed 39, 2 Fryatt Quay
Pipitea, Wellington 6011
PO Box 11646
Manners Street
Wellington 6142
T 04 384 5708
By email
F 04 385 6960
www.gw.govt.nz
13 February 2019
File Ref: OIAP-7-9391
Hugh Davenport
[email address]
Dear Mr Davenport
OIA 2019-006
I refer to your request for information dated 18 December 2018, which was received by Greater
Wellington Regional Council on 18 December 2018.You have requested the following information:
“
I would like to request the CCTV footage of the following buses operated by a contractor for
Metlink managed by GWRC:
Route numbers: Route 7, and route 2
Location: Willis St by Chews Lane
Date: 2019-01-11
Time: Roughly 3:45pm
The CCTV footage requested is just the footage on Willis St between Mercer St and Lambton Quay.
Due to the fact that your contractors permanently delete the CCTV footage after 10 days, I would
like this to be treated as an urgent request if possible.
As for whether this data is "held" by the agency, I refer to s 2(6) LGOIMA, also paraphrased on
page 7 of the PDF available at http://www.ombudsman.parliament.nz/resou....
"Any information held by an independent contractor engaged by any local authority in his or her
capacity as an independent contractor is, for the purposes of this Act, deemed to be held by the local
authority.", paraphrased "Information which an independent contractor to an agency holds in that
capacity is deemed to be held by the agency"
I note that all the bus contractors are independent contractors engaged by GWRC on behalf of
RESPONSE TO OIA 2019-006
Metlink and in their capacity of the independent contractors they hold the data from the black
boxes”
Greater Wellington Regional Council’s decision follows
While GWRC does have owned and controlled CCTV systems across the rail network and planned
camera surveillance at some key bus hubs, there is no CCTV footage that we hold of the Willis
Street area by Chews Lane.
Bus operators have CCTV cameras installed and operating to assist in meeting their contractual
obligations, however this equipment is owned and operated by bus operators (third parties) and is
not owned or held by GWRC.
In a situation where the GWRC requires access to CCTV footage for another party under privacy
law and GWRC’s Public Transport Group Camera Surveillance Policy, any request for access to on-
board CCTV footage would be directed to the relevant bus operator. Third parties, in these
circumstances bus operators, are responsible for their own compliance with the Privacy Act in
regard to camera surveillance systems that they own and operate, even when operated within the
public transport system.
As GWRC does not hold the requested information and we do not consider that bus contractors are
independent contractors for the purpose of section 2(6) of the Local Government Official
Information and Meetings Act 1987, I am therefore refusing your request under section 17 (g) as the
information is not held by GWRC.
If you have any concerns with the decision(s) referred to in this letter, you have the right to request
an investigation and review by the Ombudsman under section 27(3) of the Local Government
Official Information and Meetings Act 1987.
Yours sincerely
Greg Pollock General Manager, Public Transport
RESPONSE TO OIA 2019-006
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