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ARTICLE · 26 JULY 2019

Dealing with NZTA disputes – cooperate or litigate?

A cooperative but cautious approach to your dealings with the NZ Transport Agency may often yield more positive results.

New ZealandTransport

In October 2018 the NZ Transport Agency (NZTA) announced that it was undertaking an extensive review of its 850 open compliance files. This announcement came with the message that the NZTA would be toughening up its compliance regime and would no longer be prioritising education over enforcement.

As so often happens, the pendulum has now swung to the opposite extreme. The NZTA has been taking what, in our view, is an all too zealous approach to enforcement and has made a number of attempts to revoke transport service licenses and permits to date. "Attempt" is the key word here – several of the examples below demonstrate that when the NZTA go too far, the Courts have been willing to pull them back to a more reasonable position.

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