We recommended that Land Transport New Zealand: |
Implementation status |
Progress made to 5 October 2007 |
Was adequate progress made or planned? |
1 ... ensure that it only approves unique identifiers that would be easily recalled by passengers. |
Partially implemented |
The format of unique identifiers is prescribed by the Operator Licensing Rule. LTNZ had sent information to its agents to advise them of the required format, but was not checking that agents used only unique identifiers that complied with this format. LTNZ told us that it intends to add a reminder about compliance of unique identifiers with the Operator Licensing Rule to its checklist for agents. |
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2 ... when assessing an applicant's fitness and propriety, obtain consent for the Police to disclose any information they might hold about the applicant. |
Not implemented |
The intent of this recommendation was that LTNZ would request and receive “red stamp" information from the Police - i.e. information that covered more than an applicant's conviction history. LTNZ was still not requesting or receiving "red stamp" information, but it considered that it received all the information from the Police about an applicant that it could reasonably use to form a decision on whether to approve an application. We maintain that "red stamp" information could be useful to LTNZ when assessing an applicant's fitness and propriety, particularly in cases where the decision is marginal because of other concerns. |
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3 ... include a performance measure in its Statement of Intent for the total elapsed time taken to deal with applications. |
Intent of recommendation implemented |
LTNZ was collecting information about time frames for processing applications in a format which was able to be monitored. While the information collected varied between offices, LTNZ told us that a centralised database for recording and monitoring processing time frames was planned. |
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4 ... and the Police amend their Memorandum of Understanding to include timeliness measures for the provision of Police vetting checks. |
Not implemented |
While LTNZ and the Police were still operating under an informal arrangement for sharing Police vetting information, LTNZ was receiving the information within acceptable time frames, and monitoring of these time frames allowed any delays to be addressed. An amendment to the Memorandum of Understanding between the Police and LTNZ was planned for after LTNZ’s merger with Transit New Zealand. |
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5 ... record, as part of the fitness and propriety assessment, that it has checked an applicant's medical certificate to see whether they have, or have been treated for, a mental illness. |
Implemented |
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6 ... ensure that all regional offices adopt a consistent approach to warning, or prosecuting, applicants who knowingly make false declarations on their application form about previous convictions or charges awaiting hearing. |
Not implemented |
LTNZ did not have a formal or consistent policy about how applicants who knowingly make a false declaration on application forms would be dealt with. A lack of policy does not mean that any false declarations are not discovered when an application is processed, but that there is no consistency in any action taken in response to a false declaration. |
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7 ... establish guidelines for the use of the "without prejudice" tool, so it is used consistently and appropriately. |
Not implemented |
LTNZ had prepared a model letter for use when issuing a "without prejudice" decision, but had not prepared any guidance on when to issue the decision. LTNZ was planning to complete this before December 2007. |
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8 ... seek an amendment to the Land Transport (Driver Licensing) Rule 1999 to allow Land Transport New Zealand to grant endorsements for a period that coincides with the expiry of a person's immigration permit. |
Partially implemented |
LTNZ was intending to review the system that allowed a five-year passenger endorsement to be issued to an applicant with only a 12-month work permit, and was looking to annotate the files of people on work permits so that LTNZ staff would be reminded to check the work permit status of any applicant on a work permit who wished to renew their passenger endorsement. A policy change now means that a person must hold a full New Zealand driver licence for two years before they can apply for a passenger endorsement. |
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9 ... formalise its relationship with the New Zealand Immigration Service, to ensure that Land Transport New Zealand receives complete and timely information about overseas-born applicants. |
Not implemented |
The relationship between LTNZ and Immigration New Zealand had not been formalised, but the two organisations had recently agreed to explore the idea of a memorandum of understanding, and to look for opportunities to work more closely in sharing information. LTNZ stated that information flowed adequately between itself and Immigration New Zealand, which is a view supported by Immigration New Zealand. |
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10 ... obtain as much information as possible on the criminal history (if any) of applicants with temporary immigration permits, to ensure that they are fit and proper. |
Implemented |
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11 ... require those who wish to control a taxi organisation to complete a course equivalent to the Certificate of Knowledge of Law and Practice. |
Implemented. |
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12 ... produce a fact sheet specifically for taxi drivers, that explains how drivers determine if they must hold a passenger service licence. |
Not implemented |
Good progress had been made in defining when a passenger service licence is required. Draft guidance for taxi drivers had been written. |
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13 ... produce a standardised cover sheet for applications, which includes all the statutory requirements, to ensure that approved applicants meet all the statutory requirements. |
Implemented |
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14 ... establish a close relationship with the Inland Revenue Department, to help ensure that taxi drivers are aware of their tax obligations, and add references to the Inland Revenue Department's information in applicable Land Transport New Zealand fact sheets. |
Partially implemented |
LTNZ presentations to the taxi industry and its publications have included information about tax obligations. LTNZ staff were developing relationships with Inland Revenue Department staff. |
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15 ... consider placing an expiry date on the certificates issued after successful completion of a passenger endorsement course. |
Implemented |
An expiry date on passenger endorsement course certificates or an alternative method to address this recommendation was being considered as part of the planned amendment to the Driver Licensing Rule. |
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16 ... review how and when passenger endorsement courses are delivered, to ensure that they:
- follow a consistent teaching method;
- are of a consistent standard;
- are easily audited;
- follow a format that improves driver knowledge and compliance with obligations;
- allow for refresher driver training after a certain period in the industry, if the Director considers it necessary; and
- are sufficiently comprehensive.
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Implemented |
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17 ... review the effectiveness of having English language ability assessed as part of the area knowledge test. |
Partially implemented |
Changes to the assessment of English language ability had been made, including an increase in the number of oral questions in the area knowledge test. Through the Operator Licensing Rule, it is now possible to require a driver to take an English test if they are not able to adequately demonstrate English language skills. A full review of the area knowledge test was planned for the first half of 2008. |
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18 ... consider making the requirements relating to medical certificates the same as those that apply to eyesight checks. |
Implemented |
As part of the planned amendment to the Driver Licensing Rule, LTNZ was considering changing the requirements relating to medical certificates. |
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19 ... require applicants to produce proof of the area knowledge certificates they hold when they apply for a driver identification card. |
Not implemented |
Changes to the Operator Licensing Rule had strengthened the requirement for approved taxi organisations to check that a driver holds an area knowledge certificate and to record this in a register. LTNZ will be able to check approved taxi organisation registers to ensure that this requirement is being met. However, this arrangement does not allow checking of area knowledge certificates at the roadside, which was the intent of the recommendation. |
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20 ... record on the Driver Licence Register the individual numbers of area knowledge certificates when they are presented as part of an application for a passenger endorsement or driver identification card. |
Not implemented |
LTNZ was in the early stages of developing a register that could potentially record details of area knowledge certificates held by drivers. |
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21 ... report, in its Statement of Intent and Annual Report, the results of audits relating to the taxi industry separate from other transport service operations. |
Not implemented |
The result of taxi enforcement work carried out by LTNZ and the Police was being entered into a spreadsheet where it was available for analysis. LTNZ was planning to create a taxi enforcement database in 2008/09. |
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22 ... establish a scale for differentiating between audits of varied size, and reflect this in its Statement of Intent. |
Intent of recommendation implemented |
A system for establishing a scale for differentiating between audits of varied size had been established. There was no reflection of this in the Statement of Intent, but basic quantitative data on these activities was being reported internally. |
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23 ... review the number of random roadside audits it conducts of taxi drivers. |
Implemented |
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24 ... regularly assess the fitness and propriety of those who have control of taxi organisations. |
Intent of recommendation implemented |
As part of its preparation for implementing the Operator Licensing Rule, LTNZ reviewed its investigation and roadside inspection standards for approved taxi organisations. If and when an investigation was required, the fitness and propriety of a person in control of an approved taxi organisation was being reassessed as part of that process. |
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25 ... regularly communicate best practice guidance, and provide up-to-date information about changes relevant to the taxi industry. |
Partially implemented |
Good progress had been made. LTNZ was holding regular meetings with approved taxi organisation managers, which provided opportunities to discuss current issues in the taxi industry and changes to taxi requirements. LTNZ had created advisory staff roles to improve communication with the industry. Appointment of another staff member to plan communications with the industry and the public was under way. |
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26 ... ensure that taxi organisations report certain serious complaints to it. |
Implemented |
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27 ... explore options for incorporating commercial demerit point offences within the general licence demerit points system. |
Implemented |
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28 ... undertake compliance activity to address economic risks, including working with the Inland Revenue Department where appropriate. |
Partially implemented |
Taxi enforcement officers were to carry out some work intended by this recommendation. LTNZ staff were developing relationships with Inland Revenue Department staff. |
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29 ... work with the CVIU [Commercial Vehicle Investigation Unit] to compare information gathered from their respective audits and on-road inspections with records kept by taxi organisations. |
Partially implemented |
Good progress had been made to co-ordinate the data collected by LTNZ and the Police as part of roadside inspections. However, there was no evidence that this information was being used to inform the audit and review of approved taxi organisation records. |
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30 ... regularly assess the fitness and propriety of passenger service licence holders. |
Not implemented |
Legislation requires that passenger service licence holders are fit and proper at all times. However, the fitness and propriety of passenger service licence holders was still only being assessed once, when the person applied for the passenger service licence (unless the person was also a holder of a passenger endorsement). |
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31 ... and the Police investigate options for the formal and regular notification of taxi drivers who are charged or convicted of serious offences, to Land Transport New Zealand. |
Partially implemented |
LTNZ had discussed and raised awareness with the Police about providing information to LTNZ about any passenger endorsement holders charged with a serious offence whom the Police considered should be suspended from driving. However, there was no formal method for the Police to notify LTNZ when a taxi driver committed a serious offence. It is considered that a formal system using the Police information systems would be difficult and expensive to implement. Although this recommendation has not been implemented, the annual mandatory vetting of taxi drivers (as part of regular fit and proper person checks for passenger endorsement holders), and the new Land Transport Act 1998 provision (section 29A), that prohibits a person convicted of a serious offence from holding a passenger endorsement, minimises the likelihood of taxi drivers charged or convicted of serious offences continuing to drive for any length of time. |
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32 ... ensure that it provides information to the Police about drivers whose licence or endorsement has been suspended or revoked. |
Implemented |
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33 ... monitor the frequency of non-notification of serious offences committed by taxi drivers, as discovered in the annual reassessment of fitness and propriety or from other sources, and use this information to improve notification rates. |
Not implemented |
Given that this recommendation would be relatively easy to implement, we expected more progress. LTNZ intended that monitoring approved taxi organisations’ non-notification to LTNZ of serious offences committed by taxi drivers would be part of a review process of approved taxi organisations that LTNZ was preparing. However, there were no plans to assess the extent of non-notification by the Police, which was the intent of the recommendation. |
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34 ... require taxi organisations and passenger service licence holders to notify it of any offences by taxi drivers that they become aware of. |
Implemented |
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35 ... educate taxi organisations about their responsibility to ensure drivers have appropriate work permits. |
Implemented |
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36 ... and the New Zealand Immigration Service clarify their respective responsibilities in relation to monitoring work permits for licensing purposes, and ensure that immigrants without current permits cannot drive a taxi. |
Not implemented |
LTNZ and Immigration New Zealand had not clarified their respective responsibilities, but had met on several occasions to discuss work in this area. The two agencies had agreed that educating approved taxi organisations and passenger service licence holders about their responsibilities was the best way to address this issue. |
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37 ... review the work status of applicants who were on temporary work permits when approved for a passenger endorsement when they apply to renew their endorsement. |
Implemented |
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38 ... record details of temporary permits, including when the permit expires and how many hours a person may work, to allow it to monitor the performance of taxi organisations and passenger service licence holders, gather information about drivers, and ensure that drivers comply with their permits. |
Not implemented |
LTNZ was intending to introduce a system whereby a note would be recorded in its systems for applicants on a work permit, which would prompt LTNZ staff to check the work permit status when processing renewals. A policy change now means that a person must hold a full New Zealand driver licence for two years before they can apply for a passenger endorsement. This policy should reduce the number of taxi drivers on a work permit. Under the Operating Licensing Rule (clause 8.5(1)(o)), information on hours of work will be kept by approved taxi organisations, and LTNZ will be able to check the information. |
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39 ... confirm, through audits, that taxi organisations and passenger service licence holders gather and maintain information about the work status of drivers and, for taxi organisations, its members. |
Not implemented |
LTNZ was intending to take an educative approach to ensuring that approved taxi organisations and passenger service licence holders gather and maintain information about the work status of drivers. LTNZ was planning to ensure that information prepared for the taxi industry contained a reminder of the responsibility of various parties to maintain information about the work status of drivers and approved taxi organisation members. |
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40 ... ensure that expired driver identification cards are surrendered at expiry, or when a replacement card is provided. |
Partially implemented |
Part 13 of the Driver Licensing Rule contains provision for the Director of Land Transport to require driver identification cards to be surrendered as required. Issues around the surrender of driver identification cards were being considered as part of the planned Driver Licensing Rule amendment. The Operator Licensing Rule (clauses 2.5 and 2.6) provides tighter rules for replacing driver identification cards. |
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41 ... enlarge, or otherwise make more prominent to passengers, the expiry date on driver identification cards, and require drivers to display their card in a prescribed place to ensure that it is visible to passengers. |
Implemented |
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42 ... ensure that, when considering renewal applications, it examine whether complaints have been made about the driver to Land Transport New Zealand or to the driver's taxi organisation. |
Implemented |
Any complaints received by LTNZ were being recorded in its files, which were checked before a passenger endorsement was renewed. LTNZ was not checking complaints held by approved taxi organisations, but, under the Operating Licensing Rule (clause 8.5(1)(m)), all complaints made to approved taxi organisations of a serious nature should be reported to LTNZ within 48 hours. |
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43 ... seek an amendment to the Land Transport (Driver Licensing) Rule 1999 to allow it to suspend the approval of a driver licence course provider. |
Not implemented |
Implementation of the recommendation was being considered as part of the planned amendment to the Driver Licensing Rule. |
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44 ... seek an amendment to clause 103 of the Land Transport (Driver Licensing) Rule 1999 to allow it to revoke the approval of a driver licence course provider on the grounds set out in its contract with approved driver licence course providers. |
Not implemented |
Implementation of the recommendation was being considered as part of the planned amendment to the Driver Licensing Rule. |
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45 ... and the New Zealand Road Transport and Logistics Industry Training Organisation clarify their respective monitoring roles. |
Implemented |
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46 … review whether appropriate priority is given to monitoring of, and enforcing compliance by, the providers of passenger endorsement courses. |
Implemented |
The capacity of the section of LTNZ that monitors course providers had been reviewed and changes had been made. The passenger endorsement course must now be based around the competencies described in a unit standard and be delivered by recognised course providers. This change will reduce the number of course providers, and increase LTNZ’s scrutiny of passenger endorsement courses. |
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47 ... review whether appropriate priority is given to monitoring of, and enforcing compliance by, the providers of area knowledge courses. |
Partially implemented |
A number of positive changes had been made in this area, including moving the responsibility for enforcing and monitoring area knowledge certificate providers within LTNZ. The area knowledge certificate test had also been tightened. LTNZ was planning to re-evaluate area knowledge certificate test procedures within 12 months, with a view to moving to a single test provider. This change would fully implement the intent of the recommendation. |
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48 ... establish a method for communicating best practice to course providers. |
Not implemented |
The recent filling of a staff vacancy should allow this recommendation to be implemented. |
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49 ... modify the driver identification card to include details of the driver's area knowledge certificate(s). |
Not implemented |
Inclusion of area knowledge certificate details on a driver identification card is a significant system change and requires the development of a register that can record area knowledge certificate details. This register was in the early stages of development. The Operator Licensing Rule strengthened the requirement for approved taxi organisations to check that a driver holds an area knowledge certificate and to record this in a register. |
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50 ... consistently check whether a driver has, or is operating under, a passenger service licence, using the checklist and questionnaire available. |
Not implemented |
Good progress had been made. Enforcement guidelines for staff and advice for approved taxi organisations on the rules to be applied when determining whether a passenger service licence is required were almost complete. The Operator Licensing Rule requirement to display the passenger service licence number on the vehicle will allow taxi enforcement officers to enforce the passenger service licence requirement during roadside inspections. |
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51 ... require drivers to have evidence in their taxi of their passenger service licence, or the one they are operating under. |
Implemented |
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52 ... and the Police clearly define their respective responsibilities for audit and enforcement activities. |
Implemented |
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53 ... ensure that staff follow a consistent induction process, in line with the induction policy. |
Implemented |
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54 ... prepare guidelines to promote a nationally consistent and principled approach to the exercise of discretion, that includes a concise summary of relevant principles from case law. |
Implemented |
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55 ... ensure that compliance staff use the checklist in the Compliance Officers' Resource Manual for passenger service licensing for assessing an applicant's fitness and propriety. |
Implemented |
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56 ... staff be encouraged to use the resources available when making decisions (including the Compliance Officers' Resource Manual for passenger service licensing and the resources referred to in it), and that programmes be established to regularly refresh staff knowledge of the applicable case law. |
Implemented |
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57 ... prepare a prosecution policy, based on the Crown Law Office's Prosecution Guidelines, to ensure that regional offices take court action appropriately and consistently. |
Not implemented |
LTNZ did not have a policy for taking enforcement action or prosecutions in response to issues discovered as part of its investigations of approved taxi organisations. LTNZ intended that taxi enforcement officers would use the Police policy for taking enforcement action in response to issues found at roadside inspections.
The Police advise that their policy is based on the Prosecution Guidelines. However, our recommendation was not limited to roadside inspections. We still consider the prosecution policy to be necessary. |
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58 ... adopt a formal method for peer review of the Compliance Section's exercise of its statutory discretion, outside the Regional Compliance Officer meetings. |
Partially implemented |
The process for peer review of decisions had been improved, but still needed to be formalised. |
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59 ...
- review where monitoring and enforcing compliance of the taxi industry fits in with its other priorities;
- consider how that priority relates to its objective, set out in section 68 of the Land Transport Management Act 2003;
- review its monitoring of the industry, and consider how much monitoring is needed to foster a culture of "willing compliance"; and
- assign sufficient resources accordingly.
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Implemented |
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60 ... consider options for raising consumer awareness about what to expect from a taxi service. |
Not implemented |
LTNZ was recruiting a staff member to allow it to implement this recommendation. |
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61 ... review its provision of complaints information for taxi passengers, to ensure it is simple and easy for consumers to lodge a complaint. |
Partially implemented |
Information on the action to take if customers want to make a complaint had been added to the LTNZ website. LTNZ was recruiting a staff member to allow it to implement this recommendation. |
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