The process for issuing ratings will be split into two stages:
- unpublished ratings, which will be issued to operators in early 2011, mid-2011, and early 2012 but not published on our website; and
- published ratings, which will be issued to operators and published to the NZTA website, every six months from mid-2012 onwards.
Getting errors corrected on your unpublished rating
We will welcome feedback on any errors or omissions found in the unpublished ratings, so that these can be corrected as soon as possible. When you are issued with your unpublished ratings, you will also receive information on how to get any errors or omissions corrected. Generally, you will be asked to provide some proof of the error, for example:
- An unaltered copy of the COF or roadside inspection checksheet
- A copy of a lease agreement or change of ownership documentation showing that a vehicle was not in their possession at the time of the event
- Any other supporting documentation from NZ Police or the COF provider.
Getting errors corrected prior to publication of your rating
Published ratings will be issued from mid-2012 onwards. The first notice we send you is the proposed rating only - it won't be published, but gives you an opportunity to check the details and make sure they are correct, so that the information used in the rating is fair and accurate before the rating is published.
If you think there are mistakes in the details used to calculate your rating, you need to let us know in writing within 20 working days of receiving the notification from us. Note that you are deemed to have received:
- a written notification on the fifth working day after we post it
- an electronic notification either on the next working day after we sent it, or the time that the notification reached your designated information system, whichever is the later.
The process for raising and addressing errors is spelled out in the Operator Safety Rating Rule 2008.
What happens next
We’ll send you a receipt when we receive your application. We’ll then process it within 20 working days and let you know about any errors and omissions that have been corrected and whether your proposed rating has changed. If you’re satisfied with this, your rating will become final and can be published after 20 working days.
If you're not satisfied
If you don't agree with the outcome of the errors and omissions process, you can apply in writing to the ORS Review Panel within 20 working days of receiving the notification. However, you can only do this if your proposed rating has remained the same or is worse; you can't apply to the Review Panel if your score has improved.
Your application should outline the issues you'd like the Panel to consider. You can also apply to make a submission in person to the Review Panel (your application can be granted or declined). You'll also need to pay any fees that may be required.
We select the Panel from a pool comprising NZ Transport Agency employees, industry representatives, and lawyers nominated by the President of the Law Society. It will make a written recommendation to the NZ Transport Agency Board within 20 working days of its review of your submission.
The Board must accept the recommendation, unless it has reasonable grounds to believe the process used to reach the recommendation was invalid. If this happens, the Board must confirm the original proposed rating.
As a result of the review, the Panel may also suggest how the rating process could be improved. We are not obliged to accept those recommendations.
