http://www.stuff.co.nz/stuff/0,2106,3834098a11,00.html
Fined drivers may be refunded
20 October 2006
By KAREN ARNOLD
Thousands of motorists fined for breaching bus and transit lane bylaws during the past three and a half years could be entitled to their money back because the infringement notices were unlawful.
The Government has changed the law but has refused to backdate it because, according to parliamentary documents obtained by The Southland Times, Cabinet ministers said they were against retrospective laws and didn't think many people would ask for their money back.
Even when Transit New Zealand, North Shore City Council, Auckland City Council and Manukau City Council stopped issuing tickets in December, some continued to patrol the lanes, pretending to still have enforcement authority.
The Times first became aware of the infringement notice botch-up when Transport Ministry principal adviser agency relations Hugh Hanna told delegates about it at the New Zealand Parking Association conference in Invercargill this month. It appeared Mr Hanna did not realise the Times was present.
The matter is confirmed in a Transport Ministry report to the local government and environment select committee dated May 15 that says the Crown Law Office advised only the police were entitled to enforce special vehicle lanes.
The advice also had an impact on planned enforcement of the new transit lane on the State Highway 1 at Porirua, in Wellington, and cast doubt on enforcement at the Lyttelton tunnel.
The report says: "The (Auckland) Mayors were concerned that the introduction of amendments to the Land Transport Act could lead people issued with infringement notices ... to challenge the validity of these notices on the basis that local authorities did not have the power in the past to issue them."
However, then-Transport Minister David Parker advised Cabinet that he did not support introducing retrospective legislation to validate the tickets.
In September last year the Crown Law Office advised that not only was a local authority not an "enforcement authority" for the purposes of the Land Transport Act but the Finance Minister did not have the power to allow infringement fee revenue to be kept other than for incidental expenses.
The councils were told to stop issuing tickets in December until new legislation making it lawful could be passed. That happened in June.
FINE MESS
# Changes to the Land Transport Act mean local authorities and Transit New Zealand can enforce special vehicle lanes. Police can also issue infringement notices where a third party provides evidence of a breach.
# A special vehicle lane is defined by signs or markings and restricts the use to a specified class of vehicle such as bus, cycle or motorcycle.
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