20 Viaduct Harbour Avenue Auckland 1010
Private Bag 92250, Auckland 1142, New Zealand
Ph 09 355 3553
Fax 09 355 3550
12 February 2021
Matthew Walker
[FYI request #14485 email]
Kia ora Matthew,
The information you requested - CAS-286078-M2R9M1
Thank you for your request for information dated 19 January 2021 in relation to training material
and guidance documents for Parking Officers.
“I am seeking training material for parking enforcement officers relating to their code of conduct,
limitations of authority, instructions for issuing infringement notices, and guidance for preparing a
court case or attending a court hearing”
1.
Code of Conduct
Please refer to the Auckland Transport (AT) Code of Conduct policy, which is attached.
2.
Limitations of authority
The Land Transport Act 1998 section 128D and section 128E describes the appointment and the
powers of a Parking Warden, please see below:
Section 128D Appointment of parking wardens
(1)
A local authority may appoint a person to hold the office of parking warden.
(2) A person who holds the office of parking warden at the commencement of this section is to
be treated as having been appointed under subsection (1).
(3) A parking warden may perform the functions and duties, and exercise the powers, of a
parking warden that are conferred or imposed by or under this or any other Act only on a
road within the district or region of the local authority that appointed the parking warden.
(4) A local authority that appoints a person under subsection (1) is liable for the actions of that
person as a parking warden in all respects as if—
(a) that person were an officer or employee of the local authority (whether or not that
is the case); and
aucklandtransport.govt.nz
(b)
any directions given or control exercised by any other person over the parking
warden in that capacity were directions given or control exercised by the local
authority.
Section 128E Powers of Parking Wardens
(1)
A parking warden in uniform or in possession of a warrant or other evidence of authority as
a parking warden—
(a)
may enforce the provisions of any stationary vehicle offence or special vehicle lane
offence:
(b)
may, in relation to enforcing the provisions of any stationary vehicle offence or
special vehicle lane offence, direct any person on any road, and apparently in charge
of or in any vehicle, to—
(i) provide the person’s ful name and ful address and give any other
identifying particulars required as to the person’s identity (for example, the
person’s date of birth, occupation, and telephone number):
(ii) give any information that is within the person’s knowledge and that may
lead to the identification of the driver or person in charge of any vehicle (for
example, the other person’s full name, full address, date of birth,
occupation, and telephone number):
(c) may direct the driver or person in charge of any vehicle on any road to remove the
vehicle from the road or any specified part of any road, if the parking warden
believes on reasonable grounds that—
(i)
the vehicle causes an obstruction in the road or to any vehicle entrance to
any property; or
(ii) the removal of the vehicle is desirable in the interests of road safety or for
the convenience or in the interests of the public:
(d)
may, if the parking warden believes on reasonable grounds that a vehicle on a road
causes an obstruction in the road or to any vehicle entrance to any property or that
the removal of the vehicle is desirable in the interests of road safety or for the
convenience or in the interests of the public,—
(i) enter, or authorise another person to enter, the vehicle for the purpose of
moving it or preparing it for movement; and
(ii) move, or authorise another person to move, the vehicle to any place where
it does not constitute a traffic hazard.
(2)
Every person commits an offence and is liable to a fine not exceeding $1,000 who—
(a)
fails to comply with any direction given under subsection (1)(b); or
(b)
gives, in response to a direction given under subsection (1)(b), any information that
the person knows to be false.
(3) Every person to whom any direction is given under the authority of subsection (1) must
comply with the direction, and no person may do any act that is for the time being forbidden
by any direction given under the authority of subsection (1).
(4) A person who is authorised by a parking warden to enter a vehicle for the purpose of moving
it or preparing it for movement or to move a vehicle to a place where it does not constitute
a traffic hazard may do so but must do everything reasonably necessary to ensure that the
vehicle is not damaged while doing so.
(5)
Every person commits an offence and is liable for a fine not exceeding $1,000 if the person—
(a)
has possession of a vehicle as a result of its being moved under subsection (1)(d);
and
(b)
fails to deliver possession of the vehicle, as soon as practicable, to a person who
produces satisfactory evidence, at any reasonable time, to the effect that the per-
son was lawfully entitled to possession of the vehicle immediately before it was
moved.
The range Parking Officers are able to issue are captured within the Land Transport (Offences and
Penalties) Regulations 1999 Schedule 1B;
https://www.legislation.govt.nz/regulation/public/1999/0099/latest/DLM280197.html#DLM280197
And some other offences are captured within Schedule 1 (between 6.3(1) and through to 6.17-all
inclusive);
https://www.legislation.govt.nz/regulation/public/1999/0099/latest/DLM280158.html#DLM280158
3.
Instructions for issuing infringement notices
The officers have an Operational Guideline (OG) to follow for infringement issuance and evidence
collection. If you would like to site a particular offence, we can certainly supply the OG to suit that
specific offence. But due to the commercial y sensitive nature of such document we cannot provide
the whole document thus until we get a specific offence from you, this part of your request is
declined under Section 7 (2)(b) of the Local Government Official Information and Meeting Act 1987
(LGOIMA).
In addition, the officers also follow the AT Code of Conduct policy.
4.
Guidance for preparing a court case or attending a court hearing
Auckland Transport (AT) Parking Officers do not present a case at Court, the Auckland Transport
Prosecutors manage the case on AT’s behalf, will gather and review all evidence provided by the
Officer for the offence and present the case to the bench.
The Officer(s) only bear witness at court for the evidence they provided and in preparation wil
review their Infringement evidence pre-court
Should you believe that we have not dealt with your request appropriately, you are able to make a
complaint to the Office of the Ombudsman in accordance with section 27(3) of the LGOIMA Act and
seek an investigation and review regarding this matter.
Yours sincerely
John Strawbridge
Group Manager, Parking Services & Compliance