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Regulatory compliance review – actions taken

Current at 11am on Thursday, 13 December 2018.

This page updates action on the compliance files under review.

A table with all formal actions is below. This is updated as further decisions are made. To help understand this table the processes with the actions are explained below.

Compliance requirements for each regulatory category are detailed on the following pages:

Guide to formal actions

Immediate actions, processes and potential outcomes that can be taken against the vehicle inspectors, inspecting organisations, course providers and transport service licence operators

Note: There are slight variations in these processes for each licence type. Companies and individuals can appeal Transport Agency decisions to the courts.

Immediate actionsDescription
Immediate suspension Vehicle inspectors, inspecting organisations and course providers:
In some instances the risk to land transport safety or public safety is such that a company or individual is immediately suspended without the requirement to go through one of the outcomes detailed below.

Transport service licence operators:
There is a very narrow ability to suspend a transport service licence holder. It can only occur if the transport service does not hold a certificate of knowledge, law and practise.
Notice of investigation A notice of investigation is issued to a company or person when there is evidence that there has been a failure to comply with the conditions of their appointment or approval, or the relevant Rule. Documents can be required to be provided as part of the investigation. The NZ Transport Agency gathers information before deciding whether further action is required. The recipient has an opportunity to respond to any outcome the Transport Agency proposes once that information is gathered.
Notice of proposal: the process of determining potential outcomesDescription
  Following an investigation, the Transport Agency has a number of options. It can require remedial action be taken (i.e. training), it can suspend the whole or part of the appointment or approval for a period, or until conditions are met, or it can revoke the whole or any part of the appointment or approval. Before it does any of those things it will notify the person of what it intends to do, the reasons for what it intends to do and it will provide at least 21 days for the recipient to make submissions. A final decision then follows (no earlier than 28 days after the recipient was notified of the intended outcome).
Potential outcomesDescription
Suspension When a company or individual has its appointment or approval suspended it cannot perform the activities it was appointed to carry out unless the suspension is lifted by the Agency, or the court. The suspension (unless it is an immediate suspension, see above) is for a specified period or until certain conditions are met.
Revocation When a company or person has its appointment or approval revoked it can no longer perform the activities it was appointed to carry out, unless the Court overturns the decision through the appeal process. Otherwise, a new application must be made to get a new appointment or approval once one has been revoked.
Warning When a formal warning is issued the Transport Agency will not take further action on the issue/s addressed in the warning. But, the warnings remain in the Transport Agency’s system and it will continue to monitor the company or person as part of the Transport Agency’s regulatory compliance programme. If further issues are found then the fact that there has been a prior warning is taken into account in determining the appropriate outcome.

Summary table of compliance action by regulation area

Note: There are 106 compliance actions currently underway. The Transport Agency will not identify people or organisations involved except for suspension action where there is public interest in any potential risk to safety.

Total compliance actions: 106 (↑12)*
 Transport servicesService providersCourse providers
  People or organisation that operate a transport business or drive a transport business vehicle. The business has to have a licence and the individuals who drive for that business also need a licence or endorsement. Those people or organisations who are responsible for certifying vehicles e.g. WOFs for light vehicles. Those people or organisations that teach driver licensing courses e.g. cars, motorbikes, heavy vehicles.
Notice of proposal to revoke / suspend 50 (↑5)* 4 (↑1)* 0
Warnings 15 (↑4)* 1 2
Immediate suspensions 4 24 (↑2)* 0
Revocation 5 0 1

* Since last updated at 11am on 13 December 2018.

Summary tables of enforcement actions

Notices of proposal to revoke: 54 (↑6)*
Warnings: 18 (↑4)*

* Since last updated at 11am on 13 December 2018.

Revocations: 6
NameRegulatory typeLocationRecertification
Burch Hill Transport Ltd Goods service licence (GSL) Blenheim N/A
Daniel Bryan Goods service licence (GSL) Morrinsville N/A
Hawke’s Bay Seafoods Ltd Goods service licence (GSL) Napier N/A
SHT Holdings Ltd (Relocate Homes NZ) Goods service licence (GSL) Havelock North N/A

Te Wharekura o Te Rau Aroha Board of Trustees

Large and small passenger service licence (TSL) Central North Island N/A
(Name withheld pending other actions) Course provider TBC TBC
Immediate suspensions: 28 (↑2)*
NameRegulatory typeLocationRecertification
Sunnybrae Auto Services Inspecting organisation Auckland 747 vehicle owners being contacted for re-inspection. Voucher provided.
Stephen Upson Vehicle inspector Sunnybrae Auto Services, Auckland (As for Sunnybrae Auto Services above.)
Beemac Motors Inspecting organisation Tokoroa 1,316 vehicle owners being contacted for re-inspection. Voucher provided.
Brian McEvoy Vehicle inspector Beemac Motors, Tokoroa (As for Beemac Motors above.)
Super Cheap Tyres and Auto Services Ltd Inspecting organisation St Johns, Auckland 2,443 vehicle owners being contacted for re-inspection. Voucher provided.
Patrick Ah Wong Vehicle inspector Super Cheap Tyres and Auto Services Ltd, St Johns, Auckland (As for Super Cheap Tyres and Auto Services Ltd above.)
El’s Auto Services Inspecting organisation Auckland 2,754 vehicle owners being contacted for re-inspection. Voucher provided.
Mr Elia Sipaia Vehicle inspector El’s Auto Services, Auckland (As for El’s Auto Services above.)
Jet Tyres and Alignment Inspecting organisation Auckland 850 vehicle owners being contacted for re-inspection. Voucher provided.
Anderson Lee Vehicle inspector Jet Tyres and Alignment, Auckland (As for Jet Tyres and Alignment above.)
Susantha Ranatanga Vehicle inspector Church Street Motors and Tyres, Auckland 4,053 vehicle owners being contacted for re-inspection. Vouchers provided.
Westland Mechanical and Tyres Inspecting organisation Auckland 3,721 vehicle owners being contacted for re-inspection. Voucher provided.
Akram Zakeri Vehicle inspector Westland Mechanical and Tyres, Auckland (As for Westland Mechanical and Tyres above).
Dargaville Diesel Specialists Inspecting organisation Dargaville 1,956 vehicle owners contacted for re-inspection. Voucher provided.
Rodney Wilson Vehicle inspector Dargaville Diesel Specialists (As for Dargaville Diesel Specialists above).
Brent Nurse Vehicle inspector Dargaville Diesel Specialists (As for Dargaville Diesel Specialists above).
Dale Barlass Vehicle inspector repair certifier Auckland Process underway to identify number of potential vehicles that may require certification.
Abnesh Chand Vehicle inspector (entry certification) AA North Shore 31 vehicle owners being contacted for re-inspection of entry certification. AA re-inspecting these vehicles free of charge.
(Name withheld pending other actions) Heavy vehicle driver Central North Island N/A. There are no recertification actions needed for drivers.
Aaron Grant Vehicle inspector Te Aroha Automotive 613 vehicle owners being contacted for re-inspection. Voucher provided.
Orient Motors Inspecting organisation Auckland 3,494 vehicle owners being contacted for re-inspection. Voucher provided.
Dong Xiao Lin Vehicle inspector Orient Motors, Auckland As for Orient Motors above.
Yong Xiang Feng Vehicle inspector Orient Motors, Auckland As for Orient Motors above.
Adam McFarlane
Partially reinstated
Heavy vehicle specialist certifier Timaru Following investigation, suspension partially lifted on conditions.
Patrick Chu Heavy vehicle inspecting organisation Auckland File review process to determine potentially impacted vehicles.
Driver (Name withheld pending other actions) Heavy vehicle driver Auckland N/A. There are no recertification actions for drivers.
Driver (Name withheld pending other actions) Heavy vehicle driver Wellington N/A. There are no recertification actions for drivers.
Driver (Name withheld pending other actions) Heavy vehicle driver TBC N/A. There are no recertification actions for drivers.

* Since last updated at 11am on 13 December 2018.

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