$500,000 claim gets big boost
The Ombudsman has opened the door for a whistleblowing South Taranaki driver trainer to seek compensation from a government department he claims has ruined his business.
Lee Hurley, of Manaia, raised concerns about the country’s licensing system in February and has been battling with the New Zealand Transport Agency (NZTA) to get registered as an approved service provider ever since.
Hurley, who has worked in the industry for more than 30 years, described the agency’s system as ‘‘horribly broken’’.
And he believed the delays he has experienced in the processing of his application were due to his criticism.
He now wants $500,000 in compensation from NZTA for the money he had lost not being able to work, the money he had spent on his application and qualifications, projected loss of earnings and loss of reputation.
Hurley complained to the Ombudsman, Leo Donnelly, in July and an investigation into how his case had been handled was launched.
Last week Donnelly ruled the NZTA had mishandled the processing of Hurley’s application during a period between March and July 26.
‘‘I have advised you on the steps to take to pursue your claim for several months of lost earnings,’’ Donnelly said.
The NZTA said the delays were due to it strengthening the systems Hurley had complained about and issues identified in an independent review carried out by KPMG consultants in 2016.
Hurley said because of the holdup, all of the clients he had lined up for his business have had to go elsewhere to undergo their training.
‘‘They’ve destroyed any opportunity for the business to go back to [what it was], which is why I said they owe me for what they’ve destroyed plus the potential work I could’ve earned over the next three years, which is $120,000 per year,’’ Hurley said.
‘‘I don’t think that that is unrealistic. I have no viable business left,’’ he added.
NZTA senior manager regulatory compliance Dave Whiteridge said representatives met directly with Hurley earlier this year to apologise for the delays experienced in processing his application.
‘‘We have reviewed our processes to ensure that all such applications are processed and decisions communicated to applicants as quickly as possible,’’ he said.
Hurley had since been notified of the agency’s intent to decline his training application.
But the process allowed for him to make submissions in response, and a final determination had yet to be made, Whiteridge said.
‘‘The Ombudsman has been clear that his finding relates to the delays in processing Mr Hurley’s application, not to the Transport Agency’s decision on the application itself.’’
Hurley said he was pleased the Ombudsman found in his favour but he believed he would be facing a lengthy and costly court battle to receive any reparation.
‘‘If I take it to the High Court it’s going to cost me thousands of dollars.’’
Hurley said he was working with his lawyer to format his claim.