23 Nov 2018

Govt orders review of NZTA's regulatory functions

From Checkpoint, 5:14 pm on 23 November 2018

Minister of Transport Phil Twyford has ordered the Ministry of Transport to review NZTA's performance of their regulatory functions - but he declined to discuss the situation with Checkpoint.

It comes after the Transport Agency apologised for failing to enforce safety rules in many inspection areas, including warrants of fitness for cars.

Mr Twyford said he has been seriously concerned about failures that have occurred but he has refused multiple requests to appear on Checkpoint over the past two days.

Associate Transport Minister Shane Jones has also declined to be interviewed. 

Checkpoint has repeatedly asked NZTA on the show to address a number of  unanswered questions. It declined that invitation, then stopped answering emails. 

This is the correspondence between Checkpoint presenter Lisa Owen and NZTA on Friday, November 23:

LO: Has any compensation, gifts or koha been paid to the family of William Ball. Please provide details.

NZTA: No.

LO: What legal advice has NZTA had on its liability in this case and other related cases that are currently under review.

NZTO: This information is legally privileged.

LO: Can you please provide more details of the 150 “files” that have been identified as a priority. This is a matter of public safety and confidence in an  essential government agency that has a responsibility for promoting safe transport.

NZTA: Work related to these files is still being completed and the appropriate legal processes are being followed. We expect to release further information next week.

LO: Why has the agency stated that it will release more details next week  - why is this being delayed.

NZTA: See above.

LO: How many other garages have been identified as having WOF or similar issue  - please provide details.

NZTA: This will be addressed in next week’s update.

LO: Is the inspector who appear to have given DDS (Dargaville Diesel Specialists) a clean bill of health in an assessment mid last year still employed by NZTA and conducting inspections, has any disciplinary action been taken against him?  

NZTA: These issues will be examined as part of the independent inquiry being carried out by Kristy McDonald QC. Her report – which will be released to the public once complete – will independently establish the facts, identify the specific failings of the Transport Agency’s performance as a regulator and make recommendations on any further steps we should take.

LO: Can you please explain DDS’s  assessment in Mid 2017 in the context of the NZTA’s statements that there have been serious compliance issues since  2011.

NZTA: This will be examined as part of the independent inquiry being carried out by Kristy McDonald QC. Her report – which will be released to the public once complete – will independently establish the facts, identify the specific failings of the Transport Agency’s performance as a regulator and make recommendations on any further steps we should take.

LO: Please provide details of the 15 visits that NZTA apparently made to DDS  - including the actions taken and purposes of these visits and who made them.

NZTA: This will be examined as part of the independent inquiry being carried out by Kristy McDonald QC. Her report – which will be released to the public once complete – will independently establish the facts, identify the specific failings of the Transport Agency’s performance as a regulator and make recommendations on any further steps we should take.

We are satisfied that there is sufficient evidence which NZTA can safely rely on to justify the compliance action taken against DDS.