Pursuant to section 241(1) of the Land Transport Act 1998 ("the Act"), the Secretary for Transport gives the following notice.
N o t i c e
1. Title-This notice is the Authorised Access to the Motor Vehicle Register (Service Stations) Notice 2011.
2. Commencement-This notice comes into force on 19 May 2011.
3. Interpretation-In this notice:
Company has the meaning given to it by section 2 of the Companies Act 1993.
Service Station means a site:
(a) used for the sale of fuel to the public; and
(b) for which a test certificate is issued pursuant to section 82 of the Hazardous Substances and New Organisms Act 1996.
4. Authorised access to names and addresses held on Motor Vehicle Register-A Company that owns a Service Station may access names and addresses of persons who:
(a) are currently registered in respect of a motor vehicle; and
(b) have not instructed the Registrar of Motor Vehicles to withhold their details;
for the purposes specified in paragraph 5, subject to the conditions in paragraph 6.
5. Specified Purpose-To trace registered persons in respect of vehicles where the occupants fail to pay for goods or services from a Service Station.
6. Conditions-
(a) Names and addresses are accessed only by the Company on their behalf and solely for their own use;
(b) Names and addresses may only be accessed for the specified purpose;
(c) The fees charged for the provision of the names and addresses from the Motor Vehicle Register are duly paid;
(d) Any identified instances of unauthorised access are immediately reported to the Secretary for Transport and the Privacy Commissioner;
(e) Access must be restricted solely to a centralised location and to members of staff for whom authorised access is essential to achieving the specified purpose;
(f) Before being permitted to access the Motor Vehicle Register under section 241 of the Act, all staff must receive training that emphasises that such access must only be for the specified purpose, and refresher training of all staff must be undertaken at appropriate intervals;
(g) The names and addresses obtained under this authorisation shall not be disclosed to any third party unless such disclosure is necessarily incidental to achieving the specified purpose; and
(h) The terms and conditions, if any, imposed by the NZ Transport Agency for access to Motor Vehicle Register information.
7. Expiry-This notice expires with the close of 30 April 2016, but may be revoked at any time either generally or in relation to a specific Company.
Dated this 17th day of May 2011.
MARTIN MATTHEWS, Secretary for Transport.