Dear New Zealand Police,

It has come to my attention that Schedule 1, Part 4, s 8 of the Policing Act 2008 states a Police employee who is defined as a Constable in the interpretation requires a written warrant of authority to become a transport enforcement officer under the Land Transport Act 1998.

Under the Land Transport Act 1998, s 201 the ability of the ministry to delegate function and power to any other agency was repealed and has been since 1 December 2004.

Is it not true and correct for the past 20 years the NZ Police have been undertaking transport enforcement officers duties pursuant to the Land Transport Act when they are not warranted?

Yours faithfully,

Shelly

Hi,

Thank you for publicly confirming NZ Police do not have authority on the road. Much appreciated!!

Cheers!
Shelly

Inspector Peter McKennie,

You may be interested to know you cannot interpret legislation and are restricted from doing so under the lawyers and conveyancers act 2006 so, why have you stated sections of an act not knowing what they mean?

In your response which is attached you incorrectly misinterpreted the legislation act. An enforcement officer under the land transport act must be warranted under the policing act 2008 to become a "transport enforcement officer" under the "land act". An example is given under the policing roles schedule 1, part 4 s 8. drink and drug roadside test.

Section 201 of the land transport act repeals the ministry of transports ability to delegate ANY authority to ANY agency which INCLUDES the police agency. Where is the authority which warrants ministry of transport to delegate to police? Use of outside agencies is illegal.

Shelly

The legislation clearly states, Ministry of Transport is the agency that governs the Land Transport Act. The NZ Police do not administer the Land Transport Act. NZTA is the agency that undertakes administrative tasks for the Ministry of Transport. The NZ Police cannot be "enforcement officers" under the LTA 1998 simply because the Ministry "cannot delegate authority to any other agency". I do not require legal advice nor do I choose to seek it claiming I am mentally incapacitated to read and apply sentences.

Have NZ Police been claiming they have authority on the roads and issuing "millions" of dollars worth of fines when they do not have authority under the LTA 1998 and no warrants pursuant to Schedule 1, Part 4, s 8 of the Policing Act 2008. (Policing Roles). An enforcement officer is not defined under the Policing Act 2008. They MUST BE A "TRANSPORT" enforcement officer.

It is a "simple question" yet no direct answer has been supplied.

Shelly