Labour MP Duncan Webb calling for stop to Wilson Parking accessing Kiwis' personal information

  • 28/05/2024

Labour MP Duncan Webb is calling for Wilson Parking to be stopped from accessing Kiwis' personal information. 

At the moment, Wilson has special permission to access the motor vehicles register and obtain the name and address of a person to send them an infringement notice. 

Webb called the access to customers' data, including home address, an "abuse of power" when speaking with Newstalk ZB

When approached by Newshub, Webb said he spoke out after a number of people contacted him about challenges with Wilson Parking.

"I believe they are pushing the boundaries of the law so I'm asking questions about it," Webb said.

"Of particular concern to me is whether private organisations like Wilson Parking should have unfettered access to people's personal information on the Motor Vehicle Register and whether they should be able to impose arbitrary amounts on people who overstay. These aren't legal obligations and shouldn't be worded as though they are.

"Wilson Parking should also take people who question fines seriously, with a proper review process, rather than the current façade that has no genuine or even-handed consideration of special circumstances."

The New Zealand Transport Agency's (NZTA) Head of Regulatory Strategic Programmes Tara MacMillan told AM there were provisions under Section 241 in the Land Transport Act where NZTA allows access to certain information in registers. 

"The conditions of access were developed after considerable consultation with police, the Privacy Commission and the Ombudsman," she said. 

"So, organisations like Wilsons have been provided access so they have the ability to charge people who leave the parking buildings without paying." 

However, she said Wilsons needed to comply with terms and conditions associated with that access.  

But is it possible for Kiwis to opt out of providing such information? 

Its website states: "Individuals who don't want their details to be released to a person holding a section 241 authorisation can instruct Waka Kotahi not to release their details. This is known as 'opting out'. Any person can opt out and no reason is required." 

It means for those who choose to 'opt out', their name and address will not be obtainable by those who have access under section 241 of the Land Transport Act. 

Wilson Parking does get its access under section 241 of the Act, however NZTA said Wilson Parking also has an agreement with NZTA under S237(2)(d) of the Act which allows them to access information as at the date of a parking breach, or if the info is not available due to an opted out status. 

It is also still possible to get access to opted out information through other lawful means, including a specific Official Information Act 1982 request, under the Privacy Act 2020 or other provisions in the Land Transport Act. 

"Standard authorised access does not generally provide access to the names and addresses of persons who were previously registered to motor vehicles, or who have 'opted out' of having their names and addresses released to authorised users. However, Waka Kotahi has approved a limited number of authorised users to have additional access to names and addresses of previous registered persons and and/or people who have opted out," its website states. 

"This additional access is granted in limited circumstances for a specific purpose, and on specific conditions, under section 237(2)(d) of the LTA (Land Transport Act) where Waka Kotahi has determined that the information may always be disclosed under the Official Information Act 1998, in those specific circumstances. 

"These users can directly access this additional information from the Motor Vehicle Register, without having to request it from Waka Kotahi each time." 

The Labour Party has been contacted for more information about Webb's stance on Wilson Parking's access to information.