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Transport Safety
Minister Harry Duynhoven says there may be ways to amend legislation which
dumped Dunedin bus driver Lloyd Walsh out of a job. Mr Walsh (50) has had
his passenger class licence suspended because of teenage convictions, under
legislation condemned by an Amalgamated Workers Union official yesterday as
“extreme, heavy handed and unjust”. The union has thrown
its weight behind Mr Walsh and his case has sparked a supporting petition. Mr Duynhoven said
yesterday while it was not likely the legislation could be suspended, it was
possible it could be amended. “Out of 38,000
P-endorsed drivers, only about 10 of them have written to me to say they have
been harshly treated by the legislation. It is my view that a few of these
people have been unfairly treated. Lloyd Walsh was one of the people this
legislation was never designed to capture.” Mr Walsh was convicted
of unlawful carnal knowledge when he was 16, after sleeping with his
girlfriend two days before her 16th birthday. He also had teenage convictions
for theft and driving while disqualified. Mr Duynhoven said he
was seeking advice from Crown Law on what processes might be available to
address the issue. “As soon as Parliament
resumes, I will ask to meet with the Transport spokespeople from each of the
parties to look at ways forward. It’s possible the legislation can be amended
again. Based on calls I have had from colleagues and other members of
Parliament, there is some concern that this is an issue that hasn’t been
worked through properly. “If these people are
agreeable, we may be able to look at the appeal process.” Members of the
Amalgamated Workers Union Southern Inc met Land Transport New Zealand
management staff yesterday seeking ways to remedy Mr Walsh’s situation. The union represents
more than 500 P-endorsed drivers in the South Island. Union secretary Calvin
Fisher said the union would be approaching MPs to provide detailed
backgrounds of individuals affected by the legislation and would seek
reinstatement of the previous legislation. “Ministers need to give
these matters urgent attention as we sense a groundswell of public unease,
given that a number of deserving cases have been publicised.” The union fully
supported the previous discretionary powers that rested with LTNZ, Mr Fisher
said. “The previous process
was firm, but fair.” Many of the drivers who
were losing their licences had been worthy licence holders for up to 30
years. The legislation was
also hypocritical, in that it only affected New Zealand citizens and not
immigrants who had gained P endorsements. “Immigrants who have
gained P licences have not had their records checked from their country of
origin and have not been included in the process. Many of these are working
for taxi companies,” he said. The union would now ask
MPs to attend meetings with drivers so they could hear, first hand, the
impact and anguish the legislation had caused, Mr Fisher said. The new legislation,
due to come into effect on Monday, has angered politicians in the United
Future and Green parties. United Future leader
Peter Dunne said the new law appeared to breach the New Zealand Bill of
Rights Act. “Section 26 states that
noone who has been finally acquitted or convicted of, or pardoned for, an
offence shall be tried or punished for it again,” he said. “There’s no doubt that
these drivers are being punished again for the crimes they committed and were
punished for decades ago.” Green MP Keith Locke
said his party warned that bus and taxi drivers could lose their passenger
licenses for historic minor sexual offences, and proposed an amendment when
the law was being debated, but other parties rejected it.
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