By email
Shed 39, 2 Fryatt Quay
Pipitea, Wellington 6011
PO Box 11646
18 March 2019
Manners Street
Wellington 6142
T 04 384 5708
File Ref: OIAP-7-9865
F 04 385 6960
www.gw.govt.nz
Hugh Davenport
[FYI request #9615 email]
Dear Mr Davenport
Request for information 2019-052
I refer to your request for information dated 18 February 2019, which was received by Greater
Wellington Regional Council (GWRC) on 18 February 2019. You have requested the following
information:
“
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.”
GWRC’s decision follows.
Your request has been refused in accordance with section 17(e) of the local Government Official
Information and Meetings Act 1987 (the Act) on the ground that the information is not held by us.
Please note that we consider that section 2(6) of the Act only deems the information to be held by
GWRC if the independent contractor holds the information in their contractual capacity. This was
expressed by the Ombudsman as
REQUEST FOR INFORMATION 2019-052
“…it is the scope of the contracts that will determine the information that is deemed to be held …,
not the scope of the information held by [the independent contractor]”. (at para 18, Ombudsman’s
Case Note Request for information held by Needs Assessment and Service Co-ordination agencies (October 2015)).
We do not consider that the information you have requested (details of the police stopping a bus) is
within the scope of the contracts for service that GWRC has, or that the supplier holds this
information in their contractual capacity.
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 Act.
Yours sincerely
Greg Pollock General Manager, Public Transport
REQUEST FOR INFORMATION 2019-052
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