Loophole lets bus firm operate despite order
The New Zealand Transport Agency (NZTA) continues to have safety concerns about a Wellington bus company despite the High Court saying it could operate.
The stoush between the NZTA meant Boss Transport – which runs NCS buses, including some of those replacing Wellington trains over the holiday break – jumped through a legal loophole for 18 hours so it could continue to operate after NZTA issued a cease-to-operate order.
Its owner, Malcolm Little, believed his company was being unfairly targeted by NZTA and the police commercial vehicle safety team (CVST). Infractions were as minor, he said.
Meredith Connell managing partner and NZTA regulatory compliance lead Steve Haszard said the agency had adopted ‘‘a tougher and more active approach to regulatory compliance and enforcement’’.
‘‘We are addressing issues of non-compliance where public safety could be at risk, giving priority to the most urgent cases. Where suspension or revocation is necessary to ensure public safety, the transport agency is taking action.’’
NZTA stood by the concerns, leading to it revoking the transport service licence from Boss Transport on December 20, he said.
Boss had applied for an injunction to allow it to continue to operate and had appealed NZTA’s revocation.
On Christmas Eve, the High Court gave it an interim order allowing it to operate till February, when the case would go back to court for the full appeal to be heard.
But, between the cease-too-perate order and the High Court interim order, Boss Transport worked a legal loophole to continue to operate. For 18 hours it leased its fleet to Auckland operator Kiwi Coaches, meaning it could continue to operate under the Auckland operator’s transport service licence.
Little, from Boss Transport, and Kiwi Coaches director Calvin West have each confirmed this happened.
‘‘We are addressing issues of noncompliance where public safety could be at risk.’’