17 October 2019
Anthony Jordan
[FYI request #11227 email]
REF: OIA-5792
Dear Anthony
Request made under the Official Information Act 1982
Thank you for your email of 15 September 2019 requesting the following information under
the Official Information Act 1982 (the Act):
1. What liability does NZTA and/or does its respective contractors have, to New Zealand
motorists, where Rims/Tyres/Wheel Assemblies are damaged or require repair
(asphalt only)
2. Please provide cost for each year, since 2010, where Financial Liability has been
covered by NZTA
3.
What systems do NZTA use to ensure the best possible integrity is maintained on
New Zealand carriageways (asphalt only).
Your questions are addressed under the headings below:
What liability does NZTA and/or does its respective contractors have, to New Zealand
motorists, where Rims/Tyres/Wheel Assemblies are damaged or require repair (asphalt
only).
This question seeks advice on the NZ Transport Agency’s liability for damage that occurs to
vehicles using the state highway network. The Transport Agency is unable to give legal
advice to the public and, accordingly, the information you have requested has been withheld
under section 9(2)(h) of the Act in order to maintain legal professional privilege. With respect
to the information that has been withheld, I do not consider there are any other factors which
would render it desirable, in the public interest, to make the information available.
As a general principle, however, the Transport Agency does not act as an insurer to the
public in relation to its use of the state highway network, irrespective of the road surface (for
example, whether it is constructed using asphalt or chip seal).
Please provide cost for each year, since 2010, where Financial Liability has been covered by
NZTA.
Any such payments made by the Transport Agency are made from within individual project
budgets. Accordingly, and because of the number of projects managed by the Transport
Agency since 2010 and the difficulty of extracting the information requested, this part of your
request has been refused under section 18(f) of the Act because the information cannot be
made available without substantial collation or research.
What systems do NZTA use to ensure the best possible integrity is maintained on New
Zealand carriageways (asphalt only).
The Transport Agency employs integrity protection systems within its State Highway Network
Outcomes Contracts and Auckland Motorway Maintenance Contract (the Contracts). The
Contracts are not specific to asphalt surfaces and apply to all types of road surface.
The Contracts provide for the regular inspection of the state highway network and, in the
event a defect in a road surface is identified, Transport Agency contractors are obliged to
undertake repair work within an agreed timeframe.
Under section 28 of the Act you have the right to ask the Ombudsman to undertake an
investigation and review of this decision. You can contact the Office of the Ombudsman by
telephone on 0800 802 602 or through its website at
www.ombudsman.parliament.nz. If you would like to discuss this reply with the NZ Transport Agency, please contact Jacqui
Hori-Hoult, Manager, System Management Northland, by email to
jacqui.hori-
[email address] or by phone on 09 430 7422.
Yours sincerely
Wayne Oldfield
Senior Manager – System Management