This is an HTML version of an attachment to the Official Information request 'Requesting the CCTV footage of particular buses'.

 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 
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 
"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 
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