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NZTA, Looking for determination of authority, where does their hold on private property end?

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Subject: OIA-20781 – Refinement and Clarification

Thank you for your email and for the opportunity to refine the request so it may be progressed efficiently.

Refinement of scope

In response to your request, I refine parts 3 and 7 of the original OIA request as follows:

Part 3 (Policies / guidance):

Please provide any current internal policies, manuals, operational guidance, or formal instructions (including circulars or standing instructions) that govern:

– deregistration or removal of vehicles from active NZTA systems; and

– the continued visibility of vehicle records to Police or other enforcement agencies

in force at any time between 1 January 2020 and 11 January 2026.

This may be satisfied by providing the relevant policy documents themselves, or by identifying them by title and version with a brief description of scope.

Part 7 (Correspondence / internal communications):

Please limit this to correspondence, file notes, or internal communications between NZTA staff and/or NZTA and Police that relate to:

– decisions to retain vehicle records on NZTA systems after NZTA has been notified that the vehicle was removed from Crown registration,

for the period 1 January 2023 to 11 January 2026.

I am not seeking bulk email trawls. This part may be satisfied by providing:

– decision records,

– summaries or file notes recording the rationale for retention, or

– a representative sample if appropriate under the Act.

Clarification – meaning of “Crown registered”

For clarity, when I refer to a vehicle being “Crown registered”, I am referring to inclusion within the statutory vehicle registration and licensing system administered by NZTA under the Land Transport Act framework, which enables regulatory and enforcement reliance by Police and other agencies.

The request is concerned with NZTA’s authority and process where NZTA has been notified that a vehicle is no longer participating in that system, yet its record continues to be retained or presented in a way that enables enforcement action.

This clarification is provided to ensure shared understanding, not to predetermine the legal merits of that status.

Process matters

I am content for NZTA to:

– extend the timeframe under section 15A if genuinely required, and

– discuss reasonable collation methods.

However, I do not accept that the refined request engages section 18(f), as it goes to core administrative decision-making, authority, and inter-agency reliance, which are central to public accountability.

Please proceed with processing the refined request under the Act.

Ann Kifo

Attorney

InLandsAirWater Counsel

On Feb 2, 2026 at 9:28 AM, <Official Correspondence> wrote:

Kia ora Ann

 

We are following up on our below request for refinement. It would be great to hear back from you as soon as possible.

 

Ngâ mihi

 

Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

Connect with us on Social Media

 

 

From: Official Correspondence <[email protected]>
Sent: Monday, 26 January 2026 1:39 pm
To: [email protected]
Subject: OIA-20781 REQUEST OF REFINEMENT

 

Kia ora Ann,

 

NZ Transport Agency Waka Kotahi (NZTA) is currently processing your request for information made under the Official Information Act 1982 (the Act).

 

In order to provide you with the information that you are seeking, NZTA would be required to manually review these documents to determine whether they are in scope of your request.

We consider that your request as currently framed cannot be met without substantial collation and research and may place an unreasonable administrative burden on NZTA.

 

In order to provide you with appropriate information, we are inviting you to refine part 3 and 7 of your request and ask you to consider refining to a particular timeframe and types of documents. If you are seeking correspondence, it would be helpful for you to include the specific parties in your request.

 

If the scope of your request is not reduced, we may have to consider charging a fee to provide the information (as allowed under section 15 of the Act), extending the timeframe for responding to your request (as per section 15A of the Act), or refusing your request under section 18(f) of the Act.

 

In addition, can you please clarify that our understanding of what you mean by “crown registered” is correct. I understand that you likely mean by crown registration would be referring to the requirement for a vehicle to be registered and licensed.

 

Once you have refined and clarified your request, we will progress it accordingly under the Act. Please do not hesitate to contact us should you wish to discuss this further.

 

Ngâ mihi

 

Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
NZ Transport Agency Waka Kotahi

Connect with us on Social Media

 

 

From: [email protected] <[email protected]>
Sent: Sunday, 11 January 2026 8:57 pm
To: Official Correspondence <[email protected]>
Subject: OIA webform request

 

Full name or company name

InLandsAirWater counsel

Phone number

092689204

Email address

[email protected]

Postal address (if you’d like to receive your information by post)

PO Box 265 Queenstown

What information are you requesting?

Official Information Act 1982 Request
Date: 11 January 2026

To:
Waka Kotahi / NZ Transport Agency
Official Information Act Requests

This request is made under the Official Information Act 1982.

Background
NZTA has been notified that certain vehicles have been removed from Crown registration and are recorded as private property under a private trust.

Despite this notification, NZTA has continued to retain those vehicles on its systems in a way that enables Police enforcement action based on NZTA records.

This request seeks information about NZTA’s processes, authority, and decision-making in relation to that ongoing record retention.

Information Requested
Please provide the following information:

1. The process NZTA follows when it is notified that a vehicle has been removed from Crown registration but remains in use as private property.

2. The statutory or regulatory authority NZTA relies on to continue retaining a vehicle on its records after notice that it is not Crown-registered.

3. Any internal policies, manuals, or guidance documents governing deregistration, removal of vehicles from active enforcement systems, and continued visibility of vehicles to Police.

4. Whether NZTA distinguishes between vehicles registered to the Crown system and vehicles that have been formally removed from that system but remain privately held.

5. What steps NZTA takes to prevent Police enforcement based on records that NZTA knows, or has been notified, may be inaccurate or no longer current.

6. Whether NZTA accepts responsibility for enforcement actions taken by Police that rely on NZTA data later shown to be incorrect or out of date.

7. All correspondence, notes, or internal communications relating to NZTA’s decision to retain vehicles on its records after notification that they were removed from Crown registration (redacted only as strictly necessary).

Clarification
This request is not about vehicle safety or mechanical condition. It relates solely to records, authority, and administrative process.

Response Format
Please provide the information electronically.

If any part of this request is refused, please specify the grounds for refusal under the Official Information Act and why the public interest does not outweigh those grounds.
Ann Kifo

Why are you requesting this information? (optional)

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