From:
S241
To:
Sue Hardiman
Cc:
Carmel Hilliard
Subject:
Notice of proposed decision - Auror Limited
Date:
Friday, 10 June 2022 4:26:00 pm
Attachments:
Auror Limited - Notice of proposed decision.docx
Auror Limited Draft Terms and Conditions.docx
S241 - Assessment Sheet - Auror Limited.docx
Re NZTA CA05 Application - Auror Limited.msg
image003.png
Kia ora Sue

Please see attached a non-standard draft decision for your sign off.

ACT 1982
I’ve set the start date of the five year term to begin on 14 September, as this is the day after
their current authorisation expires. Aside from that this was a reasonably straightforward case.

Thank you

Kind regards
Gemma Rush (she/her)
Senior Case Officer, Exemptions & Registers Integrity
Te Roopu Waeture | Regulatory Services
INFORMATION
Waka Kotahi NZ Transport Agency
Palmerston North
Private Bag 11777, Palmerston North 4442, New Zealand
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S241 ASSESSMENT SHEET

Applicant Name:
Auror Limited
Application Date:
7 April 2022
Renewal or 1st time
Renewal
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applicant:
Applicant type:
Non-standard
Previous
None
breaches/concerns:

Precedent:
https://gazette.govt.nz/notice/id/2017-au4742
(Gazette link)
INFORMATION
Panel
Grant application, with templated conditions and more detailed purposes to show
recommendation:
how the information can be used once obtained, as well as more definition of what
can be considered as a fuel station drive off (in alignment with new standard terms
wording)
Recommended
Where the occupant(s) of a motor vehicle have failed to pay the full amount for goods
purposes:
or services obtained from a fuel supplier, where Auror Limited has entered into a
contract with that fuel supplier instructing them to instructing them to investigate
fuel theft at a service station.
In order for Auror Limited to:
•
To send a letter to the registered person advising them of the failure to pay
and requesting payment (including details of possible methods of making payment);
or
•
Provide the registered person information to debt col ection services for the
purposes of lawfully collecting the debt

Recommended term:  5 years
OPC Comments:
No concerns
Ombudsman
No concerns
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Comments:
Police Comments:
No concerns

ASSESSMENT

Panel comments/summary:
No concerns with granting application for 5 years, panel agree with the need to add specific scenarios to
purposes of how information can be used and proposed wording. Need to include definitions to clarify the
meaning of failing to pay for goods or services from the fuel station to align with standard terms.
Advising agency emails/summary:
No specific comments or concerns
ACT 1982
More info emails/relevant correspondence from applicant:
N/A – No further information sought from applicant
Draft decision:
Grant application
Final decision:
INFORMATION

Notes on any additional considerations:

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NZ TRANSPORT AGENCY
DOCUMENT TITLE // 2

Pursuant to section 241 of the Land Transport Act 1998 and my delegated authority, I authorise the
User - for the Specified Purpose, during the Term, and on the Conditions below - to have access to
the names and addresses of persons currently registered to motor vehicles:
•  Who are currently registered in respect of a motor vehicle; and
•  Who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1).

Person (User): Auror Limited

ACT 1982
Purpose(s):
Where the occupant(s) of a motor vehicle have failed to pay the full amount for goods or services
obtained from a fuel supplier, where Auror Limited has entered into a contract with that fuel
supplier instructing them to instructing them to investigate fuel theft at a service station.
In order for Auror Limited to:
•  To send a letter to the registered person advising them of the failure to pay and requesting
payment (including details of possible methods of making payment); or
•  Provide the registered person information to debt collection services for the purposes of
lawfully collecting the debt

INFORMATION
Term: Commencing on 14 September 2022 this notice expires at midnight on 13 September 2027
but may be revoked at any time.

Definitions:
authorised access means access or use of information that has been authorised under the terms of
this notice
Failed to pay the full amount for goods or services means: the occupant(s) has ether:
•  obtained/received/taken goods or services without attempting to pay for them; or
•  Has paid the full amount for one or more of the goods or services obtained but has failed to
pay for other goods or services also obtained, for example has paid for an item purchased
at the fuel station but has failed to pay for the fuel obtained from the service station; or
•  has claimed that they do not have enough money to pay for the goods or services obtained,
and has then left with these goods or services, without having paid the full amount for
them.
For the avoidance of doubt, this excludes underpayment by occupants as the result of an error by a
fuel supplier or their employees or agents, information must not be accessed for this purpose.
notice means the Gazette notice providing authorised access under section 241 of the Land
Transport Act 1998 to the User
personal information means the names and addresses of persons:
•  who are currently registered in respect of a motor vehicle; and
•  who have not instructed the Registrar of Motor Vehicles that they do not wish to have their
names and addresses made available under section 241(1)
Waka Kotahi means the New Zealand Transport Agency
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unauthorised access means access or use of information that is not authorised access
User means Auror Limited authorised by Waka Kotahi under Section 241 for these terms and
conditions

Conditions:
General
1.  The User must only access information for the specified purpose.

2.  Information must only be accessed by the User on its own behalf.
3.  Information obtained under this authorisation shall not be disclosed to any third party
unless such disclosure is necessary to achieve a specified purpose.
Notifying relevant person that their information was accessed
4.  The User must notify every person of which they have accessed their person information
from the motor vehicle register that:
a.  The User obtained their information from the motor vehicle register; and
b.  The relevant gazette notice under which the User had the authority to do this; and
c.  What the information was used for; and
d.  The person can notify the Registrar that they do not wish to have their names and
addresses made available under an authorisation.
5.  A notification made under clause 4 must be made in writing and a copy of the notification
ACT 1982
must be kept on record in accordance with clauses 12-14.
Security systems
6.  Each individual person who can access the motor vehicle register on behalf of the User
must be provided with unique and identifiable log-in details that must be used each time
the individual person accesses the register. These unique details must not be shared with
any other person.
7.  The User must have adequate systems and policies in place that prevent unauthorised
access from occurring, including to:
a.  provide security of information technology and data against unauthorised access;
and
INFORMATION
b.  ensure all staff members who use or have access to the motor vehicle register have
completed training that complies with clauses 10 and 11; and
c.  ensure information accessed from the motor vehicle register is limited to
information needed to achieve the specific purpose for which the information is
accessed; and
d.  ensure personal information is retained no longer than is necessary for the specific
purpose for which information is accessed; and
e.  assist the User to identify unauthorised access, or suspected unauthorised access,
including having individual log-ins under clause 6.
Privacy breaches
8.  If the User suspects that unauthorised access has occurred (including by any staff, whether
or not acting within the authority of the User), the User must notify Waka Kotahi as soon as
practicable but no later than 7 days, after forming a suspicion.
9.  If the User finds that unauthorised access has occurred, the User must immediately notify
Waka Kotahi and the Privacy Commissioner.
Training
10.  Staff of the User must not have access to the motor vehicle register unless they have
completed training in accessing information in accordance with section 241 and the terms
of this notice, including training on:
a.  when the User can access information under section 241; and
b.  how to ensure record keeping requirements are met; and
c.  how to ensure information that is obtained from the motor vehicle register is
protected; and
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d.  when and how to safely destroy information that was obtained from the motor
vehicle register; and
e.  Obligations under the Privacy Act 2020 and information privacy principles,
including as set out in learning modules and information made available by the
Office of the Privacy Commissioner.
11.  All staff must complete a refresher training course every 6 to 12 months after the date that
they last completed the training course.
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Record keeping and auditing
12.  The User must keep a record of every time it accesses the motor vehicle register.
13.  The record must be kept for a period of at least 18 months from the date of access.
14.  The record must include:
a.  the date the motor vehicle register was accessed; and
b.  the relevant plate number for the information accessed; and
c.  the individual log-in that accessed the motor vehicle register on behalf of the User;
and
d.  the reason the User accessed the information, including an explanation and
supporting material establishing that the specific circumstances fell within the
specified purpose; and
e.  A copy of a notification made under clauses 4 and 5.
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15.  Records must be made available to Waka Kotahi on request, as soon as practicable but no
later than:
a.  7 days after the date of the request - if the request is in relation to an incident or
suspected incident; or
b.  10 working days - if the request is for monitoring or auditing purposes.
16.  The User must also provide such information as Waka Kotahi reasonably considers relevant
to determining whether and how the User complies with these conditions.
17.  Names and addresses obtained from the register must not be retained for longer than
required to achieve the specified purpose.
Reporting
INFORMATION
18.  Every 12 months the User must provide Waka Kotahi with a report containing:
a.  evidence that clauses 12 to 17 have been complied with; and
b.  a record of staff training that has taken place in accordance with the requirements
in clauses 10 and 11 over the last 12 month reporting period; and
c.  all actions taken in relation to all instances, or suspected instances, of
unauthorised access over the last 12 month reporting period.
Fees
19.  The User must pay the applicable fees for accessing the motor vehicle register.

Other
20.  If the User or any staff (whether or not acting within the authority of the User) breach any
conditions, then Waka Kotahi may immediately suspend or cancel the User’s access to
personal information on the motor vehicle register (under section 241(6) or (2)).
21.  Nothing in this notice affects the User’s obligations under the Privacy Act 2020.

Sue Hardiman
Senior Manager
Vehicle and Driver Licensing
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3

50 Victoria Street

Private Bag 6995

Wellington 6141

New Zealand
10 June 2022
T 64 4 894 5400

F 64 4 894 6100
www.nzta.govt.nz
s 9(2)(a)

Auror Limited

Via Email

Notice of proposed decision to grant draft authorisation under section 241 of the Land Transport Act 1998
ACT 1982

Dear s 9(2)(a)

Statutory discretion to grant 241 authorisations
The Secretary of Transport has the discretion to authorise specified persons or classes of person to access
names and addresses of persons registered in respect of motor vehicles an information on those vehicles, in
accordance with section 241(1) of the Land Transport Act 1998 (Authorisation). This function has been delegated
from the Secretary of Transport to myself, Sue Hardiman, Senior Manager, Vehicle and Driver Licensing.

INFORMATION
Consultation requirement
I am legal y required to consult with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of
Police before granting an Authorisation. I have undertaken this consultation. Each agency has advised they are in
support of our proposed decision to grant your application.

Proposal to grant attached draft 241 Authorisation
After considering your application, I am proposing to grant you with an Authorisation under section 241(1) of the
Land Transport Act 1998. The proposed draft purposes, terms and conditions are attached to this letter. Please
note, this is not a final decision but rather a notice of the proposed decision.

Proposed draft Authorisation for your review
Please read the attached draft Authorisation very carefully, in particular:
•  Consider the specified purpose(s) of the Authorisation, and the use for which access is proposed to be
granted
o
If the Authorisation is granted, accessing information outside of the use or specified purpose
explicitly set out wil  be a breach of the Authorisation.
o
Please consider whether the specified purpose(s) covers your intended use.
•  Consider the conditions included in the draft Authorisation
o
If the Authorisation is granted, and any conditions are not complied with, this wil  be a breach of
the Authorisation.
o
Please consider whether you wil  be able to comp
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•  Consider the period of time for which the Authorisation is proposed to be granted
o
If the Authorisation is granted, it wil  expire at the time specified (and you wil  no longer be able
to use your access from that point on).
o
It wil  be your responsibility to be aware of when the Authorisation expires, and to apply for a
new Authorisation (if needed) plenty of time in advance of the Authorisation expiring.

You have 10 working days to respond before the decision is finalised
As mentioned above, this letter provides you with notice of the proposed decision to grant the draft Authorisation.
If you wish to provide any feedback on this decision or the content in the draft Authorisation (including any
recommended changes) you must do so by 5pm on 24 June 2022, (which is 10 working days from the date of this
letter). Please provide this information, along with any supporting material, by email to [email address]
Feedback you provide (if any) will be taking into account before making a final decision/granting the final
Authorisation.
ACT 1982
Yours sincerely
Sue Hardiman
Senior Manager
Vehicle and Driver Licensing
INFORMATION
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Document Outline