In the files, out of luck

By RICHARD WOOD

The Department for Courts has begun cross-checking its computer files with the Inland Revenue Department in an effort to collect $402 million in due and overdue fines.

But the department's eagerness to chase fines no matter how old has drawn criticism from Consumer Institute chief David Russell.

In one case, two parking tickets are being chased after data matching. One was given 15 years ago and the other 12 years ago.

Russell said that although fines could legally be chased forever, he believed the department should be guided by the statute of limitations for civil debts, which is six years.

"They should be taking a more pragmatic and sensible approach."

A department spokeswoman said fines were not written off after a number of years.

"The collections unit of the Department for Courts endeavours to collect all outstanding fines, whatever their age."

She said the department could not "forgive" a fine.

That could be done only by a district court judge, a community magistrate or a registrar.

A prosecuting authority, such as a city council, could also withdraw a fine from the system.

The spokeswoman said a registrar could waive enforcement fees "if satisfied that it is appropriate to do so in the circumstances".

At $100 an enforcement, these fees can make up the bulk of the payment for smaller fines.

The department would not break out the amount of unpaid fines arising from parking offences.

But it said overdue fines totalled $281.59 million.

Fines worth $106.48 million were being paid off in instalments, $1.06 million-worth were under appeal and review, and $13.01 million-worth were not overdue.

The department has been authorised to data match with IRD since 1998, but did not start doing it until May this year.

The department said the process was held up because the IRD was organising its tax simplification programme.

Six matches are allowed each year.

The matches find addresses and telephone numbers of fines defaulters in IRD files.

Reminder letters can then be sent.

The department said it was too early to say how successful the IRD matching had been.

The department also matches against Telecom's electronic White Pages, credit company Baycorp's database, the electoral rolls, the Companies Office website, and the white and yellow pages of overseas telephone companies.

The department also has been computer matching with the Ministry of Social Development since 1999.

Privacy commissioner Bruce Slane said this was done three times last year and the department collected on 3000 out of 11,800 cases.

Of that 3000, 715 were successfully challenged.

Slane said the data matching process did not give proof of a person's whereabouts or identity.

It could be used only as the basis for further investigation.

But the letter from the department promises enforcement action - ranging from a phone call to an arrest warrant, if a defaulter does not contact the department within nine days.