An Auckland Council Organisation


6 Henderson Valley Road, Henderson, Auckland 0612 Private Bag 92250, Auckland 1142, New Zealand Ph 09 355 3553 Fax 09 355 3550

19 November 2012

Councillor George Wood Auckland Council George.

Dear Councillor Wood

Local Government Official Information and Meetings Act 1987 AT2012/057691 Thank you for your email dated 6 November 2012, which Auckland Transport received on the same date requesting the following: • Details of the policy and protocol that AT have enunciated fees are paid to 8aycorp: Prior to the trial AT sought a legal opinion. o for the involvement of Baycorp. What level of

The legal advised AT received was

o o


o •

Where an infringement has been issued but it remains unpaid after 28 days AT may (but are not obliged to) serve a reminder notice. If the infringement is still outstanding 28 days after the issue of the reminder notice it can be sent to the Court. The filing to the Court must be done within 6 months of the time from the issue of the infringement notice for the alleged offence. (Section 5 of the Summary Proceedings Act 1957) Central Government reviewed the infringement offences regime in 2005 and expressed support for mandatory filing of all unpaid infringements that had been sent reminder notices with the District Court AT may contract out the collection process as there was no identifiable legislative restrictions on AT using a debt collection agency to collect unpaid infringements prior to them being filed at Court The debt collection agent can only request payment (the same powers as AT)

As far as following due legal process, as stated above, there is no restriction on AT using an agent, acting on our behalf and with the same restricted powers, to request the payment of outstanding debts. To that end we inserted some additional words on the Reminder Notice sent after 28 days that reads; .. If full payment is not received by the due date, the infringement may be referred to an external debt collection agency for collection of the unpaid amount". Those additional words were inserted from about 21 May 2012 being 6 weeks prior to the first infringements being handed over to 8aycorp. Fees - the fixed fee paid to Baycorp is a substantial discount on that paid to the Ministry of Justice (MoJ) to lodge an overdue infringement with the commission payable on infringements paid set at the same amount to both 8aycorp and Maj. The lodgement fee paid to MoJ is added to the outstanding amount of the infringement thus adding to the debt of the infringement. Instalment payments are not available through AT. However, this facility has been made available by Baycorp (at no cost to the customers) and it is also available once the debt is lodged with MoJ.

Has AT modified the wording of either the infringement (Infringement and Reminder Notices) Regulations 2012:

or reminder notices as set out in the land Transport

The wording contained in the reminder notice has not been changed and is in line out in the Land Transport (Infringement and Reminder Notices) Regulations 2012. information regarding the debt collection agency has been added to the remittance bottom of the reminder notice and is perforated, so is able to be removed from the without compromising the integrity of the reminder notice itself. •

with notices as set The additional advice that is at the reminder notice itself,

Does AT have formal operational guidelines in relation to issuance of infringement tickets as set out in the March 2008 Cabinet guidelines for all infringement schemes? In particular, how AT is adhering to the normal discretionary responsibility that they have under our jurisprudence and Clarity on how AT deals with the following: Number of offences per ticket: Only one offence per infringement notices

Giving offenders an opportunity to rectify the offending e.g. by obtaining a Warrant of Fitness for an unwarranted car: A warning notice is issued to vehicles where the Licence Label (Rego) or WOF have not expired by more than 28 days. If the vehicle is observed on the road on another occasion, an infringement notice is issued. Giving an oral or written warning and details of the payment systems available to offenders: Each matter is dealt with on a case by case basis, warnings are given in writing depending on the individual circumstances and the evidence provided to support these circumstances. A number of payment options are included on front and back of the infringement and reminder notices, and are also available on the AT website. • What are the rights that Baycorp have regarding the use of information they are gleaning from errant motorist files to make additions to their extensive dossiers on private individuals: The information that Baycorp are given by AT is not able to be used for any other purpose, other than to collect monies on AT's behalf. The benefit to AT it that Baycorp have such an extensive base of information regarding individuals, and customers who may not have been aware of infringement notices previously, are now being made aware of a notice prior to court lodgement • Are AT charging any additional fees in the situations where Baycorp are involved in collections: Private individuals, companies or anyone who receive an infringement notice are not charged for the 8aycorp process but the cost of the MoJ lodgement of $26.67 + GST is added to the fine once it is handed over to MoJ so they do effectively get an extra 90 days to pay at no additional cost through the 8aycorp process. Should you believe that we have not responded appropriately to your request, you have the right in accordance with section 27(3) of the Local Government Official Information and Meetings Act 1987 (LGOIMA) to make a complaint to the Office of the Ombudsmen to seek an investigation and review of the decision. If you have any further queries please contact Liz Hogan on 09 355 3553 quoting Official Information request number AT2012/057691. Your sincerely

T revor Starr Manager Parking and Enforcement

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