The Wellington Gateway consortium will use motorway cameras to check how long it takes to drive the 27km Transmission Gully road. Photo: Mark Coote
A private consortium has been given the green light to run motorway cameras to identify drivers' number plates and vehicle type to uphold a commercial contract.
The operation on Transmission Gully - which is the first time that has been cleared by NZTA Waka Kotahi - will allow the Wellington Gateway consortium to check how long it takes to drive the 27km road.
Highway cameras are ususally used for safety pruposes, or to catch speeding drivers.
But the public-private partnership (PPP) has introduced a new demand at Transmission Gully - to prove the road is free-flowing.
Camera operated by private consortium to identify plates in Wellington
The consortium wants to install an automated number plate recognition (ANPR) system to do this. This was scheduled for July, but has been delayed.
Cameras will identify a vehicle by its number plate at one end, and again at the other.
The trip time will be worked out, while the plate will also be matched to the vehicle type or 'class' within Motochek, the Crown's restricted motor vehicle registry, to ensure the consortium does not count heavy truck times, which would skew the performance results.
NZTA Waka Kotahi said the rollout did not represent a new way of harvesting data from the public.
"That is not correct," it said.
The system measured up in a privacy impact assessment, it added.
But its Official Information Aact response also said: "The precise system of analysing the images, and that system's associated processes is still being developed."
While it stated that the system would not access personal information, it also said that the Gateway consortium knew that "any personal information collected is the minimum amount necessary".
ANPR is used through 5000-10,000 cameras outside shops and petrol stations nationwide, but is controversial and the use of such camera footage by police is subject to current court challenges.
The other PPP motorway - Pūhoi to Warkworth - also uses ANPR, but it does not check the vehicle class within Motochek.
"Currently there is nowhere else on the state highway network where the ANPR and Motochek is used in this way," the agency said of the Tranmission Gully road.
Using the cameras was the consortium's idea, said NZTA Waka Kotahi.
"The PPP contractor proposed and developed how they would calculate, monitor, and report on the KPI performance regime.
"The Transmission Gully builder elected to use ANPR camera technology and Motochek to determine the vehicle class and travel time.
"The use of the cameras is about data measurement and not data collection."
Gateway subcontractor Ventia,operates the road under a 25-year contract. About 25,000 vehicles a day use it.
Motorists would be told about the cameras on its website, but they had no way to opt out.
"There is no ability for motorists to opt-out if they use the Transmission Gully motorway. However, drivers can choose to use the State Highway 59 alternative route."
The cameras would be "configured to focus on the number plate" and not occupants.
Number plate details constitute personal information under law, if they can be used to identify a person.
The law also says that any potentially invasive system should not be used if there is another option.
The agency said it was not aware of any other option to check both travel times and a vehicle's class at Transmission Gully - though the Pūhoi road's performance is measured without using Motochek.
RNZ has asked for a copy of NZTA's privacy impact assessment at Transmission Gully, and what technology or ANPR supplier the system would use.
Consortium chief executive John Humphrey put out a short statement:
"The Transmission Gully motorway builder is developing a bespoke system which provides the necessary functionality required to comply with the contract specifications. This bespoke system utilises a large number of technology suppliers (Auror is not involved in the TG system).
Auror is one of the largest ANPR suppliers.
NZTA Waka Kotahi ran no public consultation on the roll-out, because it aligned with its legal mandate to manage transport efficiently, the agency said.
Only the agency can give approval to access Motochek. Many companies, such as vehicle traders, have access.
Its role was to ensure the contractor complied with the Privacy Act and its privacy principles and policies, the transport agnecy added.
"The... builder was reminded of its obligations under the PPP project agreement regarding collecting, storing, using, and disposing of any potentially private or personal information, such as number plates, as well as needing to comply with any Motochek conditions that might apply."