Printed from https://fyi.org.nz/request/9615-information-about-a-traffic-stop-involving-a-metlink-bus?unfold=1 on November 22, 2024 07:13

Information about a traffic stop involving a Metlink bus

Hugh Davenport made this Official Information request to Wellington Regional Council

The request was refused by Wellington Regional Council.

From: Hugh Davenport

Dear Wellington Regional Council,

I would like to request the following information about a traffic stop in Miramar, Wellington on the 17th Feb 2019. Details below.

1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus had any prior driving behaviour reports known by the Police, and/or Metlink

Details of traffic stop:
Bus rego GQU11, metlink bus no 4188
Location, Mirimar ave between Shelly Bay Road and Maupuia Road, towards Maupuia Road.
Police vehicle rego HSM175, lights flashing, no siren.

Note that as an independent contractor for Metlink, this information should be held by the driver and/or the operators under s 2(6) of LGOIMA.

Yours faithfully,

Hugh Davenport

Link to this

From: GWRC
Wellington Regional Council

Thanks for the email Hugh,

I have forwarded your OIA request on to the records team now. Once they
have this information gathered for you they will then be back in touch.

If there is anything else we can help with today please feel free to get
back in touch.

Kind Regards
Metlink
Metlink Service Centre

GREATER WELLINGTON REGIONAL COUNCIL

Te Pane Matua Taiao

Shed 39, 2 Fryatt Quay, Pipitea, Wellington 6011|PO Box 1164, Manners
Street, Wellington 6142

T: 04 801 7000|0800 801 700

[1]www.gw.govt.nz|[2]www.metlink.org.nz

Opening Hours, Monday to Friday 6am - 10pm, Saturday 8am-9pm, Sunday and
Public Holidays 8am-8pm

 

-----Original Message-----
From: [FYI request #9615 email]
Sent: Monday, 18 February 2019 11:59:17 a.m.
To: "OIA/LGOIMA requests at Wellington Regional Council"
<[Wellington Regional Council request email]>
Subject: Official Information request - Information about a traffic stop
involving a Metlink bus
Dear Wellington Regional Council,

I would like to request the following information about a traffic stop
in Miramar, Wellington on the 17th Feb 2019. Details below.

1) The reason for the traffic stop
2) The outcome of the traffic stop
3) The length of the traffic stop
4) Whether the driver of the bus had any prior driving behaviour reports
known by the Police, and/or Metlink

Details of traffic stop:
Bus rego GQU11, metlink bus no 4188
Location, Mirimar ave between Shelly Bay Road and Maupuia Road, towards
Maupuia Road.
Police vehicle rego HSM175, lights flashing, no siren.

Note that as an independent contractor for Metlink, this information
should be held by the driver and/or the operators under s 2(6) of
LGOIMA.

Yours faithfully,

Hugh Davenport

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References

Visible links
1. http://www.gw.govt.nz/
2. http://www.metlink.org.nz/

hide quoted sections

Link to this

From: Sam Horsefield
Wellington Regional Council

Dear Hugh,

 

Acknowledgement of Request for Information under the Local Government
Official Information and Meetings Act 1987

 

Thank you for your email dated 18 February 2019, requesting information
regarding a traffic stop involving a Metlink bus.

 

Your request is being followed-up and a reply will be sent to you within
20 working days of the request being received.

 

Yours sincerely,

 

Sam Horsefield

 

 

for

Luke Troy

General Manager

Strategy

Greater Wellington Regional Council

 

 

ATTENTION: This correspondence is confidential and intended for the named
recipient(s) only. If you are not the named recipient and receive this
correspondence in error, you must not copy, distribute or take any action
in reliance on it and you should delete it from your system and notify the
sender immediately. Unless otherwise stated, any views or opinions
expressed are solely those of the author, and do not represent those of
the organisation.

Link to this

From: Nichola Powell
Wellington Regional Council

Attachment Request for information 2019 052.pdf
53K Download View as HTML

Dear Mr Davenport

Attached is our response to your recent OIA 2019-052.

 

Yours sincerely

 

Nichola

 

Nichola Powell | Executive Assistant to General Manager Public Transport
 
GREATER WELLINGTON REGIONAL COUNCIL
Te Pane Matua Taiao
Level 2, 15 Walter Street

PO Box 11646, Manners St, Wellington 6142
T: 04 830 4179 | www.gw.govt.nz | www.metlink.org.nz

 

ATTENTION: This correspondence is confidential and intended for the named
recipient(s) only. If you are not the named recipient and receive this
correspondence in error, you must not copy, distribute or take any action
in reliance on it and you should delete it from your system and notify the
sender immediately. Unless otherwise stated, any views or opinions
expressed are solely those of the author, and do not represent those of
the organisation.

Link to this

From: Hugh Davenport

Dear GWRC,

Attention Margaret Meek

Thanks for that. Yet another instance of the council having no idea when their drivers are being pulled over, or having a dangerous incident involving one of the buses. For what it is worth, as it seems that GWRC have no idea about it. There was an abusive passenger on the bus that required Police attendance to remove them from the bus. This is something that I would have hoped GWRC knew due to the "oversight" they have over all the bus operators.

Thanks for explaining your reasoning of whether this fit the criteria for s2 (6) and mentioning the relevant documentation issued by the Ombudsman. The document is available at http://www.ombudsman.parliament.nz/syste... for those following along.

I would like to mention paragraphs 25-26 of that document, labelled "Outcome":
25. For the reasons outlined above, the Ombudsman formed the opinion that the Ministry
was not entitled to refuse the request on the basis that the information was not held by
the Ministry. He concluded that NASCs are independent contractors engaged by the
Ministry for the purposes of section 2(5) of the OIA.
26. In response to the Ombudsman’s provisional opinion, the Ministry advised the
Ombudsman that it had asked individual NASCs to provide the requester with the
information she requested (or in the case of NASCs that are operational arms of DHBs,
transferred her request). Accordingly, the Ombudsman did not consider it necessary to
make a recommendation.

So in that document that it seems that GWRC clearly only read the first part describing the situtation, failed to read the actual outcome that the Ombudsman found, which states that they believed that in that situation the Ministry was *not entitled to refuse the request on the basic that the information was not held by the Minitsry*, and then the Ministry in question inturn asked their contractors to provide the information requested.

I find it interesting that GWRC is *still* attempting to hide information behind their operators which they are meant to have oversight over for the public. Again and again there have been issues with the GWRC bus run network, and again and again the GWRC shifts the blame entirely to the bus operator, then claim that they hold no information about anything.

I would like you to reconsider your refusal on this, and have a more detailed read through the paper that you mentioned to me. I hope that you find that you had misinterpreted and that they are indeed independent operators as defined by s2 (6). I'm sure you are now aware that the Ombudsman is currently investigating you for several refusals of this type. If you stand by your refusal on this, I will add this request to their file.

Yours sincerely,

Hugh Davenport

Link to this

From: Hugh Davenport

Dear GWRC,

Attention Margaret Meek

Just some further to this regarding the scopes of the bus operators contracts. I refer to the Partnering Agreement between GWRC and the bus operators, available at http://www.gw.govt.nz/assets/Transport/B...

Section 9.4.5 states "The Operator shall immediately provide written notice to GWRC of: ... any investigation being undertaken by the Police, the Transport Agency, WorkSafe or any other
regulator which may result in a variation to the Operator's Licence or any other Consent. ". I'm unsure why GWRC was not immediately provided written notice of the actions taken by the Police on this driver. Is this yet another breach of the bus contract that you are going to sweep under the rug?

Yours sincerely,

Hugh Davenport

Link to this

From: Margaret Meek
Wellington Regional Council

Attachment image001.jpg
17K Download

Hello Hugh

 

If you have concerns with our response to your request for information you
should contact the Office of the Ombudsman.

 

Regards

Margaret

 

Margaret Meek  | Business Advisor
Metlink

T 04 830 4393
L2, 15 Walter St, Te Aro, Wellington 6011 | PO Box 11646, Manners St,
Wellington 6142

Follow us online: [1]Facebook | [2]Twitter

To find out how to plan your journey, go to [3]metlink.org.nz

 

[4]metlink_emailaddress_v1

 

 

 

From: GWRC [mailto:[email address]]
Sent: Monday, 18 March 2019 8:29 p.m.
To: Records; Margaret Meek
Subject: FW: RE: Official Information request - Information about a
traffic stop involving a Metlink bus [#1C30EE]

 

 

-----Original Message-----
From: [FYI request #9615 email]
Sent: Monday, 18 March 2019 8:26:03 PM
To: "GWRC" <[email address]>
Subject: RE: Official Information request - Information about a traffic
stop involving a Metlink bus [#1A2C9I]
Dear GWRC,

Attention Margaret Meek

Just some further to this regarding the scopes of the bus operators
contracts. I refer to the Partnering Agreement between GWRC and the bus
operators, available at
http://www.gw.govt.nz/assets/Transport/B...

Section 9.4.5 states "The Operator shall immediately provide written
notice to GWRC of: ... any investigation being undertaken by the Police,
the Transport Agency, WorkSafe or any other
regulator which may result in a variation to the Operator's Licence or
any other Consent. ". I'm unsure why GWRC was not immediately provided
written notice of the actions taken by the Police on this driver. Is
this yet another breach of the bus contract that you are going to sweep
under the rug?

Yours sincerely,

Hugh Davenport

-----Original Message-----

Thanks for the email Hugh,

I have forwarded your OIA request on to the records team now. Once they
have this information gathered for you they will then be back in touch.

If there is anything else we can help with today please feel free to get
back in touch.

Kind Regards
Metlink
Metlink Service Centre

GREATER WELLINGTON REGIONAL COUNCIL

Te Pane Matua Taiao

Shed 39, 2 Fryatt Quay, Pipitea, Wellington 6011|PO Box 1164, Manners
Street, Wellington 6142

T: 04 801 7000|0800 801 700

[1]www.gw.govt.nz|[2]www.metlink.org.nz

Opening Hours, Monday to Friday 6am - 10pm, Saturday 8am-9pm, Sunday and
Public Holidays 8am-8pm

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #9615 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA
or LGOIMA page.

-------------------------------------------------------------------

ATTENTION: This correspondence is confidential and intended for the named
recipient(s) only. If you are not the named recipient and receive this
correspondence in error, you must not copy, distribute or take any action
in reliance on it and you should delete it from your system and notify the
sender immediately. Unless otherwise stated, any views or opinions
expressed are solely those of the author, and do not represent those of
the organisation.

References

Visible links
1. https://www.facebook.com/MetlinkOnOurWay/
2. https://twitter.com/metlinkwgtn
3. https://www.metlink.org.nz/
4. https://www.metlink.org.nz/on-our-way/

hide quoted sections

Link to this

From: Hugh Davenport

Dear Margaret Meek,

Thanks, I have contacted Ombudsman about how you have interpreted the paras 25-26 of the document you referenced.

Yours sincerely,

Hugh Davenport

Link to this

Things to do with this request

Anyone:
Wellington Regional Council only: