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In response to the latest COVID-19 outbreak, changes to several Acts were made to better manage the impact of lockdowns and health restrictions. This package of changes was passed in October 2021 as the COVID-19 Response (Management Measures) Legislation Act 2021.

The Land Transport Act 1998 (LTA) was one of the Acts amended as part of this process. These changes to the LTA allow notices required to be sent under the LTA to be sent electronically by email, on a temporary basis.

The purpose of the electronic servicing amendments is to:

• ease the burden on the postal system during COVID-19 lockdowns by limiting physical contact between people who are processing, delivering, or receiving the notices
• allow enforcement bodies (such as Waka Kotahi NZ Transport Agency, Councils and NZ Police) to conduct their work remotely.

These are:

• Section 139 – covers the issuing and serving of infringement notices
• Section 210 – covers other regulatory notices under the Land Transport Act

These changes offer enforcement bodies the choice of sending notices one of three ways:

1. by post
2. using personal service
3. via email

Electronic service does not, and is not intended to, generally replace post or personal service (including leaving a parking infringement notice on an offending vehicle).

Rather, this change provides enforcement bodies the ability to use operational discretion when deciding which method to use, to best manage the impacts of COVID-19.

It is important to note that these changes are temporary. The amendments will be removed when the Epidemic Preparedness Notice is revoked or expires.

Technically: Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2021 (Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2021 - 2021-go3885 - New Zealand Gazette). This came into force on 19 September 2021 and must be renewed every three months.

More information can be found here: COVID-19: Epidemic notice and Orders | Ministry of Health NZ

There are several matters that should be considered before utilising these temporary provisions in the LTA. Enforcement bodies should get their own independent legal and operational advice before changing their methods of document service.

Necessity of using electronical service

Enforcement bodies should consider whether the current situation provides justification to serve notices electronically, as a COVID-19 response measure, which was the intention behind the legislative amendments.

Operational implications

There are operational factors to consider, such as whether the intended recipient has a serviceable, reliable, and secure email address; if the notice is suitable to be served by email; and whether the notice can be provided in an email. Enforcement bodies should consider the format requirements set out in the Land Transport (Infringement and Reminder Notices) Regulations 2012.

Privacy Act 2020 implications

Enforcement bodies should be mindful of the limitations of using personal information, in this case email addresses, for purposes for which they were not provided. It is recommended that enforcement bodies consider the implications of the Privacy Act 2020 when making use of these amendments. This should include taking the relevant steps to mitigate unauthorised access of a notice by someone other than the intended recipient and considering the process that would be followed if such unauthorised access occured.

The nature of the offence that has been committed

For strict-liability offences (such as parking offences), the serving and receipt of a notice is often a critical component in demonstrating that continuing to use the vehicle in its current state would constitute a further offence. For example, if a notice revoking a licence is sent electronically, the person may not check their email, and could subsequently commit the significant offence of driving without a licence.

Enforcement bodies should consider the offence and the effects of serving a notice electronically.

After the Epidemic Preparedness Notice expires, email service of notices will no longer be an option, as the current amendments to the Land Transport Act 1998 will expire.

Te Manatū Waka Ministry of Transport is currently considering whether this should be a permanent part of the Land Transport Act 1998. We will consult publicly on this proposal in 2022, along with a number of other regulatory changes being made through the Regulatory Systems Transport Amendment (RSTA) Bill. There will be further opportunities for you and your organisation to provide feedback.

(1) If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.

(2) An infringement notice may be served—

(a) by attaching it, or a copy of it, to the vehicle to which the notice relates; or

(b) by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or

(ba) by delivering it, or a copy of it, personally to the person who appears to be in charge of the vehicle to which the notice relates; or

(c) by sending it, or a copy of it, by post addressed to the person who appears to have committed the infringement offence at the person’s last known place of residence or business or postal address; or

(d) if the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his or her last address for service provided for the purposes of that document.

(3) An infringement notice that—

(a) is attached to a vehicle under subsection (2)(a) or personally delivered under subsection (2)(ba) must be treated as having been served on every person liable in respect of the alleged offence when it is attached to the vehicle or personally delivered:

(b) is sent to a person by post under subsection (2)(c) or (d) must be treated as having been served on the person when it would have been delivered in the ordinary course of post.

(4) [Repealed]

(5) [Repealed]

(6) If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E,—

(a) the user of the vehicle may be proceeded against for the alleged offence under the Criminal Procedure Act 2011; or

(b) the parking warden may issue an infringement notice in respect of the alleged offence.

(7) For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)(e) or (g) of the Airport Authorities Act 1966, enforcement officer includes officers appointed by an airport authority.

Temporary extension owing to COVID-19

(8) An infringement notice may also be served by sending the notice by email to a person referred to in subsection (2)(c) or (d) at the person’s email address.

(9) If an infringement notice is served under subsection (8) by sending it to a person by email, unless the contrary is shown, the notice is treated as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer.

(10) In subsection (9), information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

(11) A reminder notice may be served by sending the reminder notice by email to a person referred to in subsection (2)(c) or (d) at the person’s email address.

(12) Subsection (11) overrides section 24(1)(e) of the Summary Proceedings Act 1957.

(13) This subsection, subsections (8) to (12), and the heading above subsection (8) are repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

(1) A notice required to be given to a person for the purposes of this Act, or a request in writing under section 118, may be given or made by causing it to be delivered to that person, or to be left at the person’s usual or last known place of residence or business or at the address specified by the person in any application or other document under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or to be posted in a letter addressed to the person at that place of residence or business or address.

(2) If any such notice or request is sent to a person by post, then, unless the contrary is shown, it is to be treated as having been delivered to him or her when it would have been delivered in the ordinary course of post, and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.

(3) This section does not apply to an infringement notice or a copy of the notice.

Temporary extension owing to COVID-19

(4) A notice referred to in subsection (1) may also be given by sending the notice by email to the person’s email address.

(5) If a notice is given under subsection (4) by sending it to a person by email, unless the contrary is shown, the notice is treated as being served on the person at the time the email first enters an information system that is outside the control of the person giving the notice.

(6) In subsection (5), information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

(7) This subsection, subsections (4) to (6), and the heading above subsection (4) are repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.