Land Transport Act 1998

1: Short Title and commencement
1: This Act may be cited as the Land Transport Act 1998.
2: Sections 5(4) 23 24 25 28 31(1)﻿(c) 95 96(1), (2), (3), and (5) 199
3: The repeals specified in clauses 1 to 14 of Part 4
4:
5: The rest of this Act comes into force on 1 March 1999.
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 3 May 1999 clause 2 Land Transport (Commencement of Provisions) Order 1999 Section 1(3) brought into force 1 March 1999 clause 2 Land Transport (Commencement of Repeals) Order 1999 Section 1(3) brought into force 3 May 1999 clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 Section 1(3) brought into force 27 February 2005 clause 2 Land Transport (Commencement of Repeals) Order 2004 Section 1(4) repealed 29 June 2009 section 4 Land Transport Amendment Act 2009 Section 1(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— accompany Agency section 93 alcohol interlock device
a: is a part of the starting system of a motor vehicle; and
b: uses breathalyser technology to determine whether the starting system should start the motor vehicle; and
c: is, for the purposes of sections 65AB to 65AK ( see alcohol interlock licence section 65AC alcohol interlock sentence section 65AC alternative fuel system ambulance apparently younger than 20 section 71 approved analyst
a: a person who is designated by the Science Minister, by notice ( see
b: a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case approved health authority section 209 approved laboratory ( see approved provider Director approved vehicle surveillance equipment Minister or the ( see assessment centre or individual axle
a: if 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:
b: if the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle ( a dual axle
c: for the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that one of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured blood concentration level blood specimen blood specimen collecting instrument
a: a needle and syringe; or
b: an instrument of a kind designed for the taking of blood specimens approved by the Minister of Police (after consulting the Science Minister and the Minister of Transport) by notice ( see blood specimen collecting kit ( see blood specimen collecting procedure ( see blood test analysis of a blood specimen blood test fee the fee for the analysis of a blood specimen section 67 breath screening device ( see breath screening test ( see carriage certificate of compliance section 75A certificate of loading class exemption section 168D(1)﻿(b) clean vehicle discount scheme section 5(1) Commissioner compulsory impairment test ( see indicate concurrent offence
a: that is not a qualifying offence; and
b: that occurred as part of the same series of events as the facts that gave rise to the person’s conviction for a qualifying offence; and
c: for which the offender may or must be disqualified from holding or obtaining a driver licence under this Act or under section 124 control court the cruising
a: draws attention to the power or sound of the engine of the motor vehicle being driven; or
b: creates a convoy that—
i: is formed otherwise than in trade; and
ii: impedes traffic flow cumulative work day
a: during which work occurs; and
b: that—
i: does not exceed 24 hours; and
ii: begins after a continuous period of rest time of at least 10 hours cumulative work period dangerous goods dangerous goods enforcement officer section 208 design designed Director Director of Land Transport section 104A drink driver drive driver licence driver licence stop order section 91E enforcement authority (except in relation to Part 17
a: the New Zealand Police, in any case:
b: the Agency or the Director or the Director
ba: an airport authority:
c:
d: a local authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:
e: a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 enforcement officer
a: a constable
b: a Police employee who is not a constable
c: a person who is appointed to that office by warrant under section 208
d: the Agency, in the circumstances set out in section 208A evidence of use of a qualifying drug section 11A(2) evidence of vehicle inspection evidential breath test ( see evidential breath-testing device ( see facilitate
a: means to enable drivers and passengers to connect by electronic or any other means (for example, by telephone, Internet site, application, or software); but
b: does not include the mere provision of an answering or call centre service facilitated cost-sharing arrangement
a: may be up to a maximum amount per kilometre set by the Minister by notice ( see
b: may not include—
i: payment for the driver’s driving or travelling time; or
ii: any infringement fee incurred in the course of the journey; or
iii: registration and licensing costs for the driver or the driver’s vehicle facilitator financial year Agency fire brigade
a: a defence fire brigade and an industry brigade (as those terms are defined in section 6
b: employed firefighters or other members of a defence fire brigade or an industry brigade; and
c: employees, volunteers, and contractors of Fire and Emergency New Zealand who are operational personnel delivering designated services (as those terms are defined in section 6 first oral fluid test section 71A former enactment Transport Act 1962 Part 2 Land Transport Act 1993 goods goods service
a: means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross vehicle mass
b: includes the letting on hire of a motor vehicle whose gross vehicle mass
c: does not include—
i: a vehicle recovery service; or
ii: a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
iii: any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
iv: the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or
v: the use of vintage vehicles to carry goods for display purposes; or
vi: the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or
vii: any service specified as an exempt goods service in the regulations or the rules goods service licence subpart 3 goods service vehicle
a: means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
b: does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules gross vehicle mass
a: is determined by—
i: the Director
ii: the manufacturer of the vehicle; or
iii: if the vehicle is modified after manufacture, a certifier approved by the Director
b: may be recorded in kilograms on the register of motor vehicles gross weight health practitioner section 5 heavy motor vehicle gross vehicle mass heavy traffic
a: the use of any heavy motor vehicle; or
b: any other traffic declared to be heavy traffic by the Agency by notice ( see high-risk level Part 1 hospital section 58(4) image infringement offence
a: a moving vehicle offence:
ab: a stationary vehicle offence:
b: an overloading or over-dimension
ba: an offence against this Act concerning logbooks that is committed by a transport service driver:
c: an infringement offence specified in regulations made under this Act
ca: a toll offence:
d: any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence) large passenger service large passenger service licence subpart 3 land transport land transport Act
a: the Government Roading Powers Act 1989
b: the Land Transport Act 1998 (this Act); and
c: the Land Transport Management Act 2003
d: the Railways Act 2005
e: the Road User Charges Act 2012 land transport documents
a: licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under this Act, the Government Roading Powers Act 1989 Railways Act 2005 Road User Charges Act 2012
b: carbon dioxide accounts opened under section 189(2) land transport record section 200E land transport register
a: registers kept under this Act , the Railways Act 2005 , or the Road User Charges Act 2012
b: other information and records relating to vehicle and operator licensing kept by the Agency large passenger service vehicle licensed
a: in relation to a driver,—
i: licensed by or under this Act to drive vehicles of a specified class or classes; or
ii: licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:
b: in relation to a vehicle, licensed under Part 17 light rail vehicle section 4(1) light rental service vehicle gross vehicle mass light vehicle listed qualifying drug Schedule 5 load
a: includes part of a load; and
b: includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but
c: does not include animal wastes discharged from animals being carried on a vehicle at the time local authority Local Government Act 2002 logbook approved by the Director section 30ZG mass medical centre medical expenses health practitioner medical laboratory technologist Medical Sciences Council of New Zealand section 114(1)﻿(a) medical officer medical practitioner section 114(1)﻿(a) member Agency Minister Minister of Police Ministry mobility device
a: a vehicle that—
i: is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
ii: is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or
b: a vehicle that the Agency section 168A(1) moped
a: 2 or 3 wheels; and
b: a maximum speed not exceeding 50 kilometres per hour; and
c: either—
i: an engine cylinder capacity not exceeding 50 cc; or
ii: a power source other than a piston engine motor vehicle
a: means a vehicle drawn or propelled by mechanical power; and
b: includes a trailer; but
c: does not include—
i: a vehicle running on rails; or
ii:
iii: a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
iv: a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
v: a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
vi: a pedestrian-controlled machine ; or
vii: a vehicle that the Agency section 168A
viii: a mobility device motorcycle
a: means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and
b: includes a vehicle with motorcycle controls that is approved as a motorcycle by the Director
c: does not include a moped moving vehicle offence
a: a speeding offence; or
b: an offence in respect of the failure to comply with the directions given by a traffic signal or a traffic sign that is a variable traffic or lane control sign
c: any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 ; or
d: a toll offence non-serviced area
a: is 70 km or more from an approved provider’s service centre or is on an island without an approved provider’s service centre; and
b: is not able to be serviced by an approved provider via remote technology novice driver nurse section 114(1)﻿(a) offence against this Act operate operator oral fluid test
a: by means of an oral fluid testing device; and
b: in a manner approved for that device by the Minister of Police under section 71G oral fluid testing device section 71G organised criminal activity
a: involves 2 or more persons; and
b: has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects over-dimension offence overloading offence owner
a: the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or
b: the motor vehicle is let on hire pursuant to the terms of a rental-service licence,— in which case owner owned ownership parking
a: in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:
b: in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road parking offence parking warden section 128D participant passenger service
a: means—
i: the carriage of passengers on any road for hire or reward by means of a motor vehicle; and
ii: the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and
b: includes the carriage of passengers on any road—
i: that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or
ii: by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or
iia: after a connection between a passenger and a small passenger service facilitated by a facilitator; or
iii: in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made; or
iv: in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or
v: that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but
c: does not include—
i: private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or
ii: any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or
iii: any service specified as an exempt passenger service in the regulations or the rules passenger service vehicle
a: means a vehicle used or available for use in a passenger service for the carriage of passengers; but
b: does not include—
i: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or
ii: a vehicle specified as an exempt passenger service vehicle in the regulations or the rules passive breath-testing device ( see permanent speed limit positive
a: in relation to the result of an evidential breath test, means the result of the test indicates,—
i: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, that the breath of the person who underwent the test contains alcohol; or
ii: in the case of a person who is apparently younger than 20, that the breath of the person who underwent the test contains alcohol; or
iii: in the case of any other person, that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath:
b: in relation to the result of an oral fluid test, means the result of the test indicates that the concentration level of a qualifying drug in the oral fluid of the person who underwent the test equals or exceeds the level specified for the drug in a notice made under section 71G premises sections 130 131 rail vehicle, Maori Affairs Act 1953 Part 17 prescribed
a: in relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:
b: in relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment prescription medicine section 3(3) private analyst proceedings the Criminal Procedure Act 2011 Summary Proceedings Act 1957 section 139 qualifying bylaw section 22AB(1)﻿(a) section 145
a: restricting or placing conditions on the racing of motor vehicles or any associated activities:
b: controlling or restricting cruising or any associated activities qualifying drug
a: means any substance, preparation, mixture, or article containing a controlled drug specified in Schedule 1 2 Parts 1 to 5 Part 7
b: includes—
i: any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1)
ii: any prescription medicine; but
c: excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)﻿(i) if it is excluded by regulations made under this Act qualifying offence section 65AB(1) rail operator section 4(1) rail participant section 4(1) rail vehicle section 4(1) regional council Local Government Act 2002 register of motor vehicles section 234 registered Part 17 Registrar the District Court the regulations section 218 rental service
a: the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
b: the hiring of trailers with a gross vehicle mass
c: any service specified as an exempt rental service in the regulations or the rules rental service licence subpart 3 rental service vehicle representative
a: engage with the Agency on matters relating to the operator’s compliance with the relevant requirements of this Act, the regulations, and the rules; and
b: accept service of legal documents on behalf of the operator responsible clinician section 2(1) rest time
a: is not work time; and
b: is at least 30 minutes in duration; and
c: is not spent in a moving vehicle associated with work road
a: a street; and
b: a motorway; and
c: a beach; and
d: a place to which the public have access, whether as of right or not; and
e: all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d); and
f: all sites at which vehicles may be weighed for the purposes of this Act or any other enactment road controlling authority
a: means the authority, body, or person having control of the road; and
b: includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority the rules section 220 Science Minister the Research, Science, and Technology Act 2010 second oral fluid test section 71B Secretary service Part 4A
a: an operation carried out on 1 occasion only; and
b: an operation carried out solely for the benefit of the persons carrying it out site section 147 small passenger service
a: a small passenger service vehicle; or
b: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is provided by one of the passengers being carried; or
c: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) that is being used in a facilitated cost-sharing arrangement small passenger service licence subpart 3 small passenger service operator
a: means a person who carries on a small passenger service; and
b: includes a facilitator; but
c: does not include any other person who is a driver in the small passenger service or who otherwise assists in the small passenger service small passenger service vehicle special vehicle lane clause 1.6 of the Land Transport (Road User) Rule 2004 speed limit
a: this Act, including—
i: by a land transport record being included in the register of land transport records established by section 200E
ii: under a rule or bylaw made under this Act; or
b: the Local Government Act 1974
c: the Government Roading Powers Act 1989 speeding offence stationary vehicle offence
a: parking in any portion of a road in breach of any legislation (including, without limitation, any bylaw made under section 22AB(1)﻿(m) to (o)
b: any offence specified as a stationary vehicle offence in regulations made under this Act storage provider territorial authority Local Government Act 2002 tolerance level Part 2 toll section 5 toll offence section 54(1) towage fee ( see traction engine
a: is propelled by steam power; and
b: is not a rail vehicle within the meaning of section 4(1)
c: is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation traffic control device
a: sign, signal, or notice; or
b: traffic calming device; or
c: marking or road surface treatment— used on a road for the purpose of traffic control transport instrument section 168G transport service
a: means any goods service, passenger service, rental service, or vehicle recovery service; but
b: does not include—
i: licensed rail participants under the Railways Act 2005
ii: any service specified as an exempt transport service in the regulations or the rules transport service driver transport service licence subpart 3
a: a goods service licence:
b: a large passenger service licence:
c: a rental service licence:
d: a small passenger service licence:
e: a vehicle recovery service licence transport service operator
a: means a person who carries on a transport service; and
b: includes, in relation to a small passenger service, a facilitator; but
c: does not include any other person who is a driver in the transport service or who otherwise assists in the transport service transport service vehicle
a: a rail vehicle under the Railways Act 2005
b: a vehicle running on self-laying tracks or rollers; or
c: a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or
d: a vehicle used as a place of abode to the extent that it is not used in a rental service; or
e: a vehicle listed as a farm vehicle in Part 1 of the Schedule of the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998
f: a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour)
g: a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or
h: a hearse; or
i: a traction engine unladen weight unlicensed unlisted qualifying drug Schedule 5 vehicle
a: means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
b: includes a hovercraft, a skateboard, in-line skates, and roller skates; but
c: does not include—
i: a perambulator or pushchair:
ii: a shopping or sporting trundler not propelled by mechanical power:
iii: a wheelbarrow or hand-trolley:
iv:
v: a pedestrian-controlled lawnmower:
vi: a pedestrian-controlled agricultural machine not propelled by mechanical power:
vii: an article of furniture:
viii: a
ix: any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:
x: any rail vehicle vehicle recovery service
a: means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but
b: does not include—
i: the towing or carrying of any motorcycle or moped; or
ii: the towing or carrying of one motor vehicle by another where—
A: the towing or carrying is not carried out directly or indirectly for reward; and
B: the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
iii: the towing or carrying of a vehicle by a person who owns the vehicle; or
iv: the towing of disabled vehicles using a rope or flat tow by—
A: a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or
B: the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or
v: the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or
vi: routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or
vii: any service where the Director
A: must be carried in the vehicle used in the service; and
B: specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
viii: any service specified as an exempt vehicle recovery service in the regulations or the rules vehicle recovery service licence subpart 3 vehicle recovery service vehicle
a: means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but
b: does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules weight
a: in relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice ( see ( see
b: in relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight work time
a: driving a vehicle to which section 30ZB(1)
b: performing work-related duties, including (but not limited to)—
i: loading and unloading:
ii: maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):
iii: administration or recording:
c: in any paid employment (other than paid leave or paid breaks of at least 30 minutes' duration), whether or not related to transport activities zero alcohol licence
a: is issued to a person who is authorised to obtain the licence by a court order referred to in section 65B(1)
b: authorises the person to drive on the condition that neither the person’s breath nor the person’s blood contains alcohol.
1A: If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.
2:
3: A notice
a: define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:
b: provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.
4: In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
a: appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
b: is printed out by the device on a card or on paper; or
c: appears on printed matter that—
i: accompanies the device; and
ii: is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
iii: is issued by or on behalf of the manufacturer.
5: Despite anything in subsection (1), for the purposes of any proceedings against an offence of failing to comply with work time restrictions or rest time requirements, where no continuous period of rest of least 10 hours is or has been taken, a cumulative work day is to be treated as a period that—
a: begins from the commencement of any work time; and
b: ends only after a continuous period of rest of at least 10 hours is taken.
6: A notice under subsection (1) is secondary legislation ( see Part 3 1962 No 135 ss 2 57A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) Agency inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) alcohol interlock device inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) alcohol interlock device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) alcohol interlock device amended 1 July 2018 section 5(1) Land Transport Amendment Act 2017 Section 2(1) alcohol interlock licence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) alcohol interlock licence amended 1 July 2018 section 5(2) Land Transport Amendment Act 2017 Section 2(1) alcohol interlock sentence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) approved analyst amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved laboratory amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved provider inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) approved provider amended 1 April 2021 section 24(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) approved taxi organisation repealed 1 October 2017 section 61(1) Land Transport Amendment Act 2017 Section 2(1) approved vehicle surveillance equipment amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) approved vehicle surveillance equipment amended 1 September 2020 section 24(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) assessment centre amended 11 August 2017 section 89(1) Land Transport Amendment Act 2017 Section 2(1) Authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) blood concentration level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) blood specimen collecting instrument inserted 5 November 2011 section 4(18) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) blood specimen collecting instrument amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood specimen collecting kit amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood specimen collecting procedure inserted 5 November 2011 section 4(18) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) blood specimen collecting procedure amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood test amended 1 November 2009 section 5(1) Land Transport Amendment Act 2009 Section 2(1) blood test fee amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) blood test fee amended 1 November 2009 section 5(2) Land Transport Amendment Act 2009 Section 2(1) Board Transfund repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) breath screening device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) breath screening test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) certificate of compliance inserted 29 December 2001 section 4(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 2(1) class exemption inserted 1 April 2021 section 4 Regulatory Systems (Transport) Amendment Act 2021 Section 2(1) clean vehicle discount scheme inserted 23 February 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) commercial public transport service repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 2(1) compulsory impairment test inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) compulsory impairment test amended 11 March 2023 section 4(2) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) compulsory impairment test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) conclusive evidential breath-testing device repealed 29 December 2001 section 4(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 2(1) concurrent offence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) control inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) control amended 1 October 2017 section 61(2)﻿(a) Land Transport Amendment Act 2017 Section 2(1) control amended 1 October 2017 section 61(2)﻿(b) Land Transport Amendment Act 2017 Section 2(1) control amended 1 October 2017 section 61(2)﻿(c) Land Transport Amendment Act 2017 Section 2(1) controlled drug repealed 1 November 2009 section 4(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) cruising inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) cumulative work day inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) cumulative work period inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) Director Director of Land Transport inserted 1 April 2021 section 24(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) Director repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) doctor’s surgery repealed 7 November 2018 section 4(1) Land Transport Amendment Act 2016 Section 2(1) driver licence stop order inserted 1 November 2013 section 4 Land Transport Amendment Act 2011 Section 2(1) enforcement authority substituted 28 June 2006 section 4(1) Land Transport Amendment Act (No 2) 2006 Section 2(1) enforcement authority amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) enforcement authority replaced 1 September 2020 section 24(5) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) enforcement authority amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) enforcement authority inserted 10 May 2011 section 4(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) enforcement authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) enforcement authority substituted 10 May 2011 section 4(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) enforcement officer amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 2(1) enforcement officer amended 1 October 2008 section 116(d) Policing Act 2008 Section 2(1) enforcement officer inserted 1 September 2020 section 24(7) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) evidence of use of a qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) evidential breath test amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) evidential breath-testing device amended 28 October 2021 regulation 91 Legislation Act (Amendments to Legislation) Regulations 2021 Section 2(1) facilitate inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) facilitated cost-sharing arrangement inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) facilitated cost-sharing arrangement maximum amount per kilometre that may be paid to a driver under a facilitated cost-sharing arrangement as reimbursement for the driver’s costs is $0.73 1 October 2017 clause 3 Land Transport (Facilitated Cost-sharing Arrangement Maximum Reimbursement) Notice 2017 Section 2(1) facilitated cost-sharing arrangement amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) facilitator inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) financial year amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) fire brigade replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 2(1) first oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) goods service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) goods service amended 11 August 2017 section 46(1) Land Transport Amendment Act 2017 Section 2(1) goods service amended 11 August 2017 section 46(1) Land Transport Amendment Act 2017 Section 2(1) goods service licence substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) goods service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) gross laden weight repealed 11 August 2017 section 46(2) Land Transport Amendment Act 2017 Section 2(1) gross vehicle mass inserted 11 August 2017 section 46(3) Land Transport Amendment Act 2017 Section 2(1) gross vehicle mass amended 1 April 2021 section 24(6) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) gross vehicle mass amended 1 April 2021 section 24(6) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) health practitioner inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) heavy motor vehicle amended 11 August 2017 section 46(4) Land Transport Amendment Act 2017 Section 2(1) heavy traffic inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) heavy traffic amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) high-risk level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) hospital substituted 10 May 2011 section 4(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence inserted 10 May 2011 section 4(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence amended 11 August 2017 section 46(5) Land Transport Amendment Act 2017 Section 2(1) infringement offence inserted 1 October 2007 section 4(6) Land Transport Amendment Act 2005 Section 2(1) infringement offence amended 10 May 2011 section 4(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) infringement offence inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) invalid carriage repealed 22 June 2005 section 4(2) Land Transport Amendment Act 2005 Section 2(1) land transport Act inserted 1 September 2020 section 24(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) land transport documents replaced 23 February 2022 section 4(2) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) land transport record inserted 1 September 2020 section 24(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) land transport register amended 1 August 2012 section 94 Road User Charges Act 2012 Section 2(1) land transport register amended 1 October 2007 section 4(7) Land Transport Amendment Act 2005 Section 2(1) land transport register amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) land transport register amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) large passenger service inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) large passenger service licence inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) large passenger service vehicle inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) licensed amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) light rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) light rental service vehicle amended 11 August 2017 section 46(6) Land Transport Amendment Act 2017 Section 2(1) light vehicle inserted 23 February 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 2(1) listed qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) logbook amended 1 April 2021 section 24(9) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) logbook amended 1 October 2007 section 4(8) Land Transport Amendment Act 2005 Section 2(1) medical centre inserted 7 November 2018 section 4(2) Land Transport Amendment Act 2016 Section 2(1) medical expenses inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) medical expenses amended 7 November 2018 section 4(3) Land Transport Amendment Act 2016 Section 2(1) medical laboratory technologist inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) medical laboratory technologist amended 1 August 2011 clause 8(2) Health Practitioners Competence Assurance (Designation of Anaesthetic Technology Services as Health Profession) Order 2011 Section 2(1) medical officer replaced 7 November 2018 section 4(4) Land Transport Amendment Act 2016 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) member amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) Minister substituted 1 December 2004 section 3(2) Land Transport Amendment Act 2004 Section 2(1) mobility device inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) mobility device amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) moped replaced 11 August 2017 section 89(2) Land Transport Amendment Act 2017 Section 2(1) motor vehicle repealed 22 June 2005 section 4(9) Land Transport Amendment Act 2005 Section 2(1) motor vehicle amended 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motor vehicle added 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motor vehicle amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) motor vehicle added 22 June 2005 section 4(10) Land Transport Amendment Act 2005 Section 2(1) motorcycle inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) motorcycle amended 1 April 2021 section 24(10) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) moving vehicle offence amended 11 August 2017 section 89(3) Land Transport Amendment Act 2017 Section 2(1) moving vehicle offence amended 10 May 2011 section 4(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) moving vehicle offence amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) moving vehicle offence added 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) national land transport strategy strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) non-serviced area inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) nurse inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) optometrist repealed 7 November 2018 section 4(5) Land Transport Amendment Act 2016 Section 2(1) oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) oral fluid testing device inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) organised criminal activity inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) outputs repealed 1 September 2020 section 24(11) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) over-dimension offence inserted 11 August 2017 section 46(7) Land Transport Amendment Act 2017 Section 2(1) parking inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking offence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking warden inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) parking warden amended 10 May 2011 section 4(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) parking warden repealed 11 August 2017 section 89(4) Land Transport Amendment Act 2017 Section 2(1) passenger service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) passenger service inserted 1 October 2017 section 61(3) Land Transport Amendment Act 2017 Section 2(1) passenger service amended 10 May 2011 section 4(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) passenger service licence repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) passenger service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) passive breath-testing device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) performance agreement repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) permanent speed limit replaced 1 September 2020 section 24(12) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) positive replaced 11 March 2023 section 4(3) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) positive evidential breath test repealed 7 August 2011 section 4(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) premises amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) prescription medicine inserted 1 November 2009 section 5(3) Land Transport Amendment Act 2009 Section 2(1) proceedings amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) qualifying bylaw inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) qualifying bylaw amended 10 May 2011 section 4(10)﻿(a) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) qualifying bylaw amended 10 May 2011 section 4(10)﻿(b) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) qualifying drug inserted 1 November 2009 section 4(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) qualifying drug replaced 11 March 2023 section 4(4) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) qualifying offence inserted 1 July 2018 section 5(4) Land Transport Amendment Act 2017 Section 2(1) rail operator inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail participant inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail service operator repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail service vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) regional land transport strategy repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) register of motor vehicles substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) registered amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 2(1) registered medical practitioner repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) registered optometrist repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Registrar inserted 1 December 2009 section 4(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 2(1) Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) rental service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) rental service amended 11 August 2017 section 46(8) Land Transport Amendment Act 2017 Section 2(1) rental service licence inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) rental service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) representative inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) rest time inserted 1 October 2007 section 4(5) Land Transport Amendment Act 2005 Section 2(1) road amended 10 May 2011 section 4(11) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) Science Minister amended 1 February 2011 section 18 Research, Science, and Technology Act 2010 Section 2(1) second oral fluid test inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) secondary legislation repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) service inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) service charter repealed 1 December 2004 section 3(1) Land Transport Amendment Act 2004 Section 2(1) small passenger service inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service licence inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service operator inserted 1 October 2017 section 61(7) Land Transport Amendment Act 2017 Section 2(1) small passenger service vehicle inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) special vehicle lane inserted 28 June 2006 section 4(2) Land Transport Amendment Act (No 2) 2006 Section 2(1) speed limit replaced 1 September 2020 section 24(13) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) stationary vehicle offence inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) stationary vehicle offence replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) taxi repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) taxi service repealed 1 October 2017 section 61(4) Land Transport Amendment Act 2017 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) tolerance level inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) toll inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) toll offence inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 2(1) towage fee inserted 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) towage fee amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) traction engine inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) traction engine substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 2(1) Transit Transit New Zealand repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) transport instrument inserted 1 April 2021 section 4 Regulatory Systems (Transport) Amendment Act 2021 Section 2(1) transport service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service substituted 10 May 2011 section 4(13) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) transport service driver inserted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service licence replaced 1 October 2017 section 61(5) Land Transport Amendment Act 2017 Section 2(1) transport service operator replaced 1 October 2017 section 61(6) Land Transport Amendment Act 2017 Section 2(1) transport service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) transport service vehicle substituted 10 May 2011 section 4(14) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) transport service vehicle amended 10 May 2011 section 4(15) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) unlicensed inserted 22 June 2005 section 4(4) Land Transport Amendment Act 2005 Section 2(1) unlisted qualifying drug inserted 11 March 2023 section 4(1) Land Transport (Drug Driving) Amendment Act 2022 Section 2(1) vehicle repealed 22 June 2005 section 4(11) Land Transport Amendment Act 2005 Section 2(1) vehicle amended 22 June 2005 section 4(12) Land Transport Amendment Act 2005 Section 2(1) vehicle added 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) vehicle recovery service substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) vehicle recovery service amended 1 April 2021 section 24(14) Land Transport (NZTA) Legislation Amendment Act 2020 Section 2(1) vehicle recovery service licence substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) vehicle recovery service vehicle substituted 1 October 2007 section 4(3) Land Transport Amendment Act 2005 Section 2(1) weight amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) work time substituted 10 May 2011 section 4(16) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) zero alcohol licence added 10 May 2011 section 4(17) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(1) zero alcohol licence amended 1 July 2018 section 5(3) Land Transport Amendment Act 2017 Section 2(1A) inserted 1 October 2007 section 4(13) Land Transport Amendment Act 2005 Section 2(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(5) added 10 May 2011 section 4(22) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 2(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 11 August 2017 section 4 Land Transport Amendment Act 2017
3: Act to bind the Crown
This Act binds the Crown.
2: Primary responsibilities of participants in land transport system
General responsibilities
4: General requirements for participants in land transport system
1: A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.
2: A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.
3: A participant , other than a rail participant,
4: A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Director Director subpart 2
5: A participant who holds a land transport document that authorises the provision of a service within the land transport system—
a: must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
b: must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
c: must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document. 1990 No 98 s 12 Section 4(3) amended 20 July 2005 section 103(3) Railways Act 2005 Section 4(4) amended 1 April 2021 section 25 Land Transport (NZTA) Legislation Amendment Act 2020 Section 4(4) amended 1 October 2007 section 5 Land Transport Amendment Act 2005
5: Drivers to be licensed
1: A person may not drive a motor vehicle on a road—
a: without an appropriate current driver licence; or
b: in contravention of the conditions of the person's driver licence; or
c: if the person is disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended or has been revoked, or the driving is contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence
2: A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.
3: While a person's driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.
4: A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.
5: Nothing in subsection (1) or subsection (4) applies if the person driving—
a: is driving an ambulance in an emergency, and—
i: the emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and
ii: unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or
b: is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or
c: is a Police employee
i: the emergency is not reasonably foreseeable; and
ii: the driving is necessary in the interests of safety or public order; and
iii: an appropriately licensed person is not readily available. 1986 No 6 s 37(1), (1A), (2) Section 5(1)﻿(c) amended 10 September 2012 section 5 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 5(5)﻿(c) amended 1 October 2008 section 130(1) Policing Act 2008
6: Vehicles to be safe and operated in compliance with rules
1: A person may not operate an unsafe motor vehicle on a road.
2: If the regulations or the rules require a vehicle to have current evidence of vehicle inspection or a current certificate of loading, or both, a person may not operate the vehicle on a road without the appropriate current evidence of vehicle inspection or certificate or both (as the case may require).
3: A person operating a motor vehicle that is required to have current evidence of vehicle inspection or a certificate of loading must comply with the provisions in the regulations and the rules concerning such evidence or certificate, and the operation of the vehicle.
4: Evidence of vehicle inspection must be displayed on the vehicle to which it applies.
5: A certificate of loading must be displayed on the vehicle to which it applies if required by the rules. 1986 No 6 s 5 Section 6(5) inserted 11 August 2017 section 47 Land Transport Amendment Act 2017
7: Drivers not to be reckless or dangerous
1: A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.
2: A person may not drive a motor vehicle 1962 No 135 s 57 Section 7(1) substituted 22 June 2005 section 6(1) Land Transport Amendment Act 2005 Section 7(2) amended 22 June 2005 section 6(2) Land Transport Amendment Act 2005
8: Drivers not to be careless or inconsiderate
A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons Section 8 substituted 22 June 2005 section 7 Land Transport Amendment Act 2005
9: Loads transported by vehicles to be secured
A person operating a motor vehicle on a road , and any person loading that vehicle, 1962 No 135 s 70(1) Section 9 amended 22 June 2005 section 8 Land Transport Amendment Act 2005 Responsibilities of road users under ordinary and emergency rules
10: Road users and others to comply with ordinary rules and emergency rules
A person must comply with the rules. Responsibilities concerning use of alcohol or drugs
11: Drivers not to exceed specified alcohol limits
A person may not drive or attempt to drive a motor vehicle
a: the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69 250
b: the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73 50
c: if the person is younger than 20,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
d: if the person holds an alcohol interlock licence or a zero alcohol licence,—
i: the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73 1962 No 135 ss 55(2)﻿(b), (c) 58(1)﻿(a), (c), (f), (g) Section 11 amended 22 June 2005 section 9 Land Transport Amendment Act 2005 Section 11(a) amended 1 December 2014 section 4(1) Land Transport Amendment Act (No 2) 2014 Section 11(b) amended 1 December 2014 section 4(2) Land Transport Amendment Act (No 2) 2014 Section 11(c) substituted 7 August 2011 section 6(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 11(d) inserted 10 September 2012 section 6(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011
11A: Persons not to drive or attempt to drive while blood contains evidence of, or oral fluid indicates, use of qualifying drug
1: A person may not drive or attempt to drive a motor vehicle while—
a: the person’s blood contains evidence of use of a qualifying drug ( see sections 57A(1) and (2) 57B(1) and (2) 57C(1) and (2)
b: the person’s oral fluid indicates use of a qualifying drug ( see sections 57A(3) 57B(3) 57C(3) and (4)
2: A person’s blood contains evidence of use of a qualifying drug
a: the blood concentration level of a listed qualifying drug exceeds the tolerance level for the drug; or
b: the blood contains any level of an unlisted qualifying drug.
3: For the purposes of subsection (1)﻿(b), a person’s oral fluid indicates use of a qualifying drug Section 11A replaced 11 March 2023 section 5 Land Transport (Drug Driving) Amendment Act 2022
12: Persons not to drive while under influence of alcohol or drugs
A person may not drive or attempt to drive a motor vehicle 1962 No 135 s 58(1)﻿(e) 1988 No 170 s 7 Section 12 amended 22 June 2005 section 10 Land Transport Amendment Act 2005 Responsibilities of drivers and other road users concerning enforcement officers
13: Drivers and other road users to comply with directions of enforcement officers, etc
1AA: A person driving a motor vehicle that has a warning notice given under section 22AF
1: A person must comply with sections 68 69 70 71A 71B 71C 71E 71F 72 73
2: A person must comply with all lawful requirements, directions, and requests made by an enforcement officer under any of sections 68 69 70 71A 71B 71C 71E 71F 72 73
3: A person must comply with all lawful requirements and requests made by a health practitioner section 72 section 73
4: A person may not—
a: remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115 or (if the notice was given under section 96(1B) section 102(3)﻿(b) section 110(3)﻿(a)﻿(ii)
b: drive a vehicle to which a notice given under section 115 applies until current evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle.
5: Drivers and other persons must comply with all other lawful requirements, directions, notices, and requests given to, and prohibitions imposed on, them under this Act by an enforcement officer or a dangerous goods enforcement officer. 1962 No 135 s 68C Section 13(1AA) inserted 1 December 2009 section 6 Land Transport (Enforcement Powers) Amendment Act 2009 Section 13(1AA) amended 10 May 2011 section 7 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 13(1) replaced 11 March 2023 section 6 Land Transport (Drug Driving) Amendment Act 2022 Section 13(2) replaced 11 March 2023 section 6 Land Transport (Drug Driving) Amendment Act 2022 Section 13(3) amended 7 November 2018 section 5 Land Transport Amendment Act 2016 Section 13(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 13(4)﻿(a) amended 2 May 2003 section 4 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
3: Additional responsibilities concerning road transport
14: False or misleading information not to be given
A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.
15: Persons not to impersonate enforcement officers
1: A person (other than an enforcement officer or a dangerous goods enforcement officer) may not by words, conduct, or demeanour pretend to be an enforcement officer or dangerous goods enforcement officer, or put on or assume the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.
2: This section does not affect section 48 1962 No 135 s 192A Section 15(2) amended 1 October 2008 section 130(1) Policing Act 2008
16: Heavy motor vehicles not to be overloaded or in breach of dimension requirements
1: A person operating a heavy motor vehicle or combination of vehicles must not operate the vehicle or combination of vehicles in breach of any of the following:
a: the prescribed maximum mass limits for axles:
b: the prescribed maximum mass limits for axle sets:
c: the prescribed maximum mass limits for groups of axles:
d: the prescribed maximum gross mass limits for motor vehicles.
2: A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.
3: A person must not operate a heavy motor vehicle or combination of vehicles if the vehicle or combination of vehicles breaches prescribed requirements in relation to dimensions. Section 16 replaced 11 August 2017 section 48 Land Transport Amendment Act 2017
16A: Temporary restriction of heavy traffic on roads
1: This section applies if a road controlling authority decides on reasonable grounds that there is an urgent risk of either or both of the following:
a: damage to a road:
b: danger to the safety of road users.
2: The road controlling authority may, for a specified period of no more than 6 months, by a road closure sign, direct that any heavy traffic, or any specified kind of heavy traffic, may not proceed between any 2 places by way of any specified road or roads.
3: A sign referred to in subsection (2) must be displayed in at least 1 prominent position on every road to which the sign applies.
4: A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if the person contravenes the requirements of any sign described in subsection (2) unless the person proves that there was no other way reasonably available for the traffic concerned to proceed. Section 16A replaced 11 August 2017 section 49 Land Transport Amendment Act 2017
16B: Interference with operation of speed measuring devices
Every person commits an offence who—
a: uses in a motor vehicle any equipment that interferes with the operation of a speed measuring device:
b: possesses in a motor vehicle any equipment that is designed to interfere with the operation of a speed measuring device. Section 16B inserted 10 May 2011 section 8 Land Transport (Road Safety and Other Matters) Amendment Act 2011
17: Distance recorders not to be altered
A person may not, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, make or cause to be made any alteration to the distance recorder or to the vehicle. 1962 No 135 s 192B
18: Health practitioners Director
1: This section applies if a health practitioner
a: the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—
i: should not be permitted to drive motor vehicles of a specified class or classes; or
ii: should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and
b: the licence holder is likely to drive a motor vehicle.
2: If this section applies, the health practitioner Director
3: A health practitioner
4: 1986 No 6 s 45A Section 18 heading amended 1 April 2021 section 26(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 18 heading amended 7 November 2018 section 6(1) Land Transport Amendment Act 2016 Section 18(1) amended 7 November 2018 section 6(2) Land Transport Amendment Act 2016 Section 18(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(2) amended 1 April 2021 section 26(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 18(2) amended 7 November 2018 section 6(3) Land Transport Amendment Act 2016 Section 18(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(3) amended 7 November 2018 section 6(4) Land Transport Amendment Act 2016 Section 18(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 18(4) repealed 10 May 2011 section 9 Land Transport (Road Safety and Other Matters) Amendment Act 2011
19: Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended
1: If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992
a: the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Director of Land Transport
b: the licence is suspended while the holder is subject to an inpatient order or is a special patient.
2: A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.
3: The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—
a: in the case of a licence that applies to commercial vehicles, forward the licence to the Director of Land Transport
b: in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).
4: If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Director of Land Transport Director of Land Transport
5: A person referred to in subsection (4) may apply to the Director of Land Transport Director of Land Transport
6: If—
a: a person to whom subsection (1) applies is, under any of sections 31 50 52
b: a responsible clinician certifies in writing that, in the clinician's opinion, that person is fit to hold a driver licence,— subsection (1)﻿(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person's driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.
7: In any case to which subsection (3)﻿(a) applies, once the holder ceases to be subject to this section, the Director of Land Transport the Director of Land Transport 1986 No 6 s 46 Section 19(1)﻿(a) amended 1 April 2021 section 27(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(1)﻿(a) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(3)﻿(a) amended 1 April 2021 section 27(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(3)﻿(a) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(4) amended 1 April 2021 section 27(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(4) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(5) amended 1 April 2021 section 27(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(5) amended 1 December 2004 section 10 Land Transport Amendment Act 2004 Section 19(7) amended 1 April 2021 section 27(5) Land Transport (NZTA) Legislation Amendment Act 2020 Section 19(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 19(7) amended 1 December 2004 section 10 Land Transport Amendment Act 2004
20: Traffic surveys not to be conducted unless approved by
Agency
1: A person may not, without the prior written consent of the Agency
2: The Agency Agency 1962 No 135 s 76C Section 20 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 20(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 20(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
21: Enforcement officers to ameliorate hazards
If an enforcement officer, acting in the course of his or her official duties, becomes aware of the existence on a road of a hazard to the safety of traffic (whether arising from the nature or condition of a road or otherwise), the officer must—
a: take such steps as may be reasonably practicable to eliminate or reduce the hazard; and
b: if it is not reasonably practicable for the officer to eliminate the hazard, as soon as practicable report the existence of the hazard to the road controlling authority with a view to eliminating the hazard. 1962 No 135 s 76B
22: Driver's duties where accident occurs
1: If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—
a: stop and ascertain whether a person has been injured; and
b: render all practicable assistance to any injured persons.
2: The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—
a: the driver's or rider's name and address; and
b: the name and address of the owner of the vehicle; and
c: if the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.
3: If the accident involves an injury to or the death of a person, the driver or rider must report the accident
4: If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident), not later than 48 hours after the time of the accident, report to the owner—
a: the driver's or rider's name and address; and
b: the number on the registration plates assigned to the motor vehicle; and
c: the location of the accident.
5: If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident
6: If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.
7: Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.
8: This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle. 1962 No 135 s 65 Section 22(3) amended 1 October 2008 section 124(2) Policing Act 2008 Section 22(5) amended 1 October 2008 section 124(3) Policing Act 2008 Section 22(8) added 20 July 2005 section 103(3) Railways Act 2005
22A: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
1: A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.
2: A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—
a: any petrol, oil, or diesel fuel; or
b: any other substance likely to cause a vehicle to undergo loss of traction.
3: A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.
3A: A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB 22AC
4: In this section and in section 96(9)
a: in the case of a race or an exhibition of speed or acceleration,—
i: the speed of the vehicle is within the applicable speed limit or speed limits; and
ii: the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or
b: the operation is conducted on a road that is closed for the purpose under section 319(h) section 342 Schedule 10
c: the operation is otherwise authorised by or under an enactment other than this section. Section 22A inserted 2 May 2003 section 5 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 22A(3A) inserted 1 December 2009 section 7 Land Transport (Enforcement Powers) Amendment Act 2009 Bylaws Heading inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009
22AB: Road controlling authorities may make certain bylaws
1: A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:
a: controlling, restricting, or prohibiting cruising, including (but not limited to)—
i: specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:
ii: prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:
b: prescribing fines, not exceeding $1,000 Vehicle and road use
c: prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:
d: for the safety of the public or for the better preservation of any road,—
i: fixing the maximum speed of vehicles or of specified classes of vehicles on any road:
ii: designating any area, where that designation will have the effect of determining the speed limit in that area:
e: prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:
f: prohibiting or restricting the use of vehicles on beaches:
g: restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:
h: prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track: Heavy traffic
i: providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:
j: prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:
k: providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:
l: providing for the establishment, in accordance with section 361 Parking
m: prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:
n: prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:
o: prescribing the use of parking places and transport stations, which includes (but is not limited to)—
i: specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:
ii: reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, health practitioners section 2
iii: if in the relevant road controlling authority's opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—
A: reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and
B: setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):
iv: prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority's opinion the parking is likely to cause a nuisance or danger:
v: prescribing the conditions under which any parking place or transport station may be used:
vi: prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:
vii: providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal: Signs and markings
p: providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:
q: prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:
r: prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by vehicles of specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants: Livestock
s: prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:
t: prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:
u: prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:
v: prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle: Displays, vegetation, and access
w: regulating the use of any means of access constructed under section 319(1)
x: requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B
y: regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—
i: in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or
ii: where that display is visible from a road or public place:
z: restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:
za: requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:
zb: prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:
zc: regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):
zd: regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter: Weights
ze: providing for—
i: the weighing or measurement of vehicle loads:
ii: the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:
zf: prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:
zg: providing for the drivers of vehicles to—
i: give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:
ii: do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:
zh: regulating the weights of vehicles or loads that may pass over bridges or culverts: Pedlars
zi: prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—
i: in roads, public places, and State highways as the relevant road controlling authority thinks fit; or
ii: in specified roads or State highways or parts of specified roads or State highways; or
iii: in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:
zj: prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi): General
zk: regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.
2: A bylaw made under subsection (1) may apply—
a: to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:
b: to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:
c: at any specified time or times.
3: A bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.
3A: A relevant road controlling authority may, by resolution
3B: If, under subsection (3A), a parking place or transport station is limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle may allow the vehicle to stand in the parking place or transport station.
4: A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC
5: Nothing in this section—
a: applies to any railway on, over, or across any road; or
b: limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or
c: limits the power to make bylaws conferred on a road controlling authority under any other Act.
6: In this section,— keeper mobile or travelling shop
a: means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but
b: does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously parking place section 591(6) railway section 4(1) transport station section 591(6)
7: Bylaws and resolutions made under this section are secondary legislation for the purposes of the Legislation Act 2019 section 161A of the Local Government Act 2002 Section 22AB inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AB(1)﻿(b) amended 11 August 2017 section 90 Land Transport Amendment Act 2017 Section 22AB(1)﻿(c) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(c) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(d) replaced 22 July 2015 section 11 Land Transport (Speed Limits Validation and Other Matters) Act 2015 Section 22AB(1)﻿(e) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(f) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(g) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(h) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(i) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(i) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(j) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(k) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(l) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(m) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(m) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(n) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(o) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(o)﻿(ii) amended 30 November 2022 section 64 Statutes Amendment Act 2022 Section 22AB(1)﻿(p) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(p) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(q) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(r) replaced 1 July 2017 section 18 Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 22AB(1)﻿(s) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(s) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(t) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(u) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(v) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(w) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(w) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(x) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(y) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(z) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(za) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zb) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zc) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zd) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(ze) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(ze) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zf) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zg) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zh) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zi) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zi) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zj) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zk) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(1)﻿(zk) added 10 May 2011 section 10(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(3A) inserted 10 May 2011 section 10(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(3A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AB(3B) inserted 10 May 2011 section 10(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(6) substituted 10 May 2011 section 10(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 22AB(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22AC: Minister may amend, replace, or disallow bylaws
1: The Minister may, by notice section 22AB
a: is inconsistent with any enactment; or
aa: is inconsistent with or duplicates any land transport record included in the register established by section 200E
b: is unreasonable or undesirable in so far as it relates to or may affect traffic.
2: On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.
3: Any disallowance under subsection (1) takes effect either on the day after the notice of disallowance is published under the Legislation Act 2019 see
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22AC inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AC(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AC(1)﻿(aa) inserted 1 September 2020 section 28 Land Transport (NZTA) Legislation Amendment Act 2020 Section 22AC(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22AC(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22AD: Consultation
1: Section 156 section 22AB
1A: Section 9(4) and (5) section 22AB
2: A road controlling authority that is not a local authority may not make a bylaw under section 22AB
a: the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and
b: any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and
c: the territorial authority for the area where the road is located; and
d: any affected local community; and
e: the Commissioner of Police; and
f: any other organisation or road user group that the road controlling authority considers affected; and
g: the Agency (if the road controlling authority is not the Agency).
3: The road controlling authority must—
a: give notice in writing to the persons specified in subsection (2) of the road controlling authority's proposal to make, amend, or replace a bylaw; and
b: give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal. Section 22AD inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Section 22AD(1) replaced 22 July 2015 section 12 Land Transport (Speed Limits Validation and Other Matters) Act 2015 Section 22AD(1A) inserted 22 July 2015 section 12 Land Transport (Speed Limits Validation and Other Matters) Act 2015
22AE: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.
2: A road controlling authority must—
a: keep copies of all its bylaws at the office of the road controlling authority; and
b: make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 22AB Section 22AE inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009
22AF: Warning notices
1: If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).
2: The warning notice must be—
a: in the form prescribed by the Minister of Police by notice in the Gazette
b: attached to the motor vehicle subject to the warning notice in a manner that—
i: is visible; but
ii: does not interfere with the driver's view of the road.
3: A warning notice attached to a motor vehicle under subsection (1)—
a: is in effect for a period of 90 days from the date of its attachment; and
b: must remain attached to the motor vehicle for that period. Section 22AF inserted 1 December 2009 section 8 Land Transport (Enforcement Powers) Amendment Act 2009 Traction engine safety Heading: inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
22B: Operators of traction engines to hold appropriate current qualification
1: A person may not use a traction engine in a public place—
a: without an appropriate qualification provided for in the regulations or the rules; or
b: if the person is not permitted under this Act to drive a motor vehicle.
2: A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)﻿(a) for inspection whenever required to do so by an enforcement officer.
3: In this section and sections 22C 36B public place
a: means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and
b: includes a road and any part of a public place. Section 22B inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
22C: Traction engine to be safe and operated in compliance with regulations and rules
1: A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.
2: If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).
3: A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.
4: Current evidence of vehicle inspection must be displayed on the traction engine to which it applies. Section 22C inserted 16 January 2006 section 11 Land Transport Amendment Act 2005
4: Driver licensing
23: Issue of driver licences
1: The Director
2: Except as provided in subsection (3), a driver licence may be issued for a period not exceeding 10 years and, unless the licence is extended under that subsection or for any reason ceases to have effect on an earlier date, the licence expires on the expiry date specified on the licence.
3: The Director
a: issue licences for a period not exceeding 11 years in cases provided for by the rules:
b: extend, in accordance with the rules, the term of a driver licence by 1 further period not exceeding 12 months.
4: All driver licences in force immediately before this subsection comes into force continue in force and expire on a date to be determined in accordance with the rules, even though they may have been valid for more than 10 years when issued. 1986 No 6 s 4 Section 23(1) amended 1 April 2021 section 29 Land Transport (NZTA) Legislation Amendment Act 2020 Section 23(3) amended 1 April 2021 section 29 Land Transport (NZTA) Legislation Amendment Act 2020
24: Director
1: If an applicant for a driver licence meets the requirements for the issue of a licence of the class sought and the Director Director
a: must be in such form and contain such details as may be specified in the rules; and
b: is valid for such period, not exceeding 21 days, as may be specified on the temporary licence.
2: A temporary driver licence issued under this section has the same effect as a driver licence of the same class issued under section 23
3: Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Director Director Director Section 24 heading amended 1 April 2021 section 30(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24(1) amended 1 April 2021 section 30(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24(3) added 16 January 2006 section 12 Land Transport Amendment Act 2005 Section 24(3) amended 1 April 2021 section 30(3) Land Transport (NZTA) Legislation Amendment Act 2020
24A: Authorised persons may request driver licences for certain persons
1: Despite section 23 Director
a: the Commissioner, for the purpose of protecting a person who—
i: is a Police employee or a person who is, has been, or may be a witness in any proceedings:
ii: needs protection because of his or her relationship to a person who is, has been, or may be a witness in any proceeding:
iii: needs protection because of his or her relationship to a Police employee:
b: the Director-General of an intelligence and security agency, for the purpose of protecting the identity of a person who is, has been, or will be an employee:
c: the chief executive, for the purpose of protecting a person who is, has been, or will be—
i: a fishery officer; or
ii: approved by the chief executive to undertake activities for the Ministry.
2: The Director Director
3: New identity information is created by the Director
a: birth information, description information, name change information, or address information (including, if necessary, the creation of other identities to support the person's new identity information); and
b: operational or administrative information as necessary, so that it supports the information described in paragraph (a).
4: The Director Director
a: the Commissioner, in relation to the driver licence created as a result of a request under subsection (1)﻿(a); or
b: the Director-General of an intelligence and security agency, in relation to new identity information created as the result of a request under subsection (1)﻿(b)
c: the chief executive, in relation to the driver licence created as a result of a request under subsection (1)﻿(c).
5: In this section,— chief executive fishery officer Ministry section 2(1) Director-General of an intelligence and security agency section 4 employee section 22 intelligence and security agency section 4 Police employee
a: a person appointed under section 18
b: a person—
i: who is a member of an overseas law enforcement agency that corresponds to the New Zealand Police; and
ii: whose identity is concealed for the purpose of carrying out a policing function approved by the Commissioner. 1995 No 16 s 65 Section 24A inserted 10 May 2011 section 11 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 24A(1) amended 1 April 2021 section 31(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(1)﻿(b) replaced 28 September 2017 section 281(1) Intelligence and Security Act 2017 Section 24A(2) amended 1 April 2021 section 31(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(3) amended 1 April 2021 section 31(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(4) amended 1 April 2021 section 31(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 24A(4)﻿(b) replaced 28 September 2017 section 281(2) Intelligence and Security Act 2017 Section 24A(5) Director-General of an intelligence and security agency inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017 Section 24A(5) Director of Security employee officer repealed 28 September 2017 section 281(3) Intelligence and Security Act 2017 Section 24A(5) employee inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017 Section 24A(5) intelligence and security agency inserted 28 September 2017 section 281(4) Intelligence and Security Act 2017
25: Minimum age for driver licensing
1: A person who is younger than 16 years
2: However, a person who holds a New Zealand driver licence immediately before 1 August 2011 and is younger than 16 years may continue to hold that driver licence.
3: A person referred to in subsection (2) may apply to the Director section 105 1986 No 6 s 40(2) Section 25(1) amended 1 August 2011 section 12(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(2) added 1 August 2011 section 12(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(3) added 1 August 2011 section 12(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 25(3) amended 1 April 2021 section 32 Land Transport (NZTA) Legislation Amendment Act 2020
26: Drivers may be tested and examined
The Director
a: complete courses that are approved by the Director
b: pass tests and examinations that are approved by the Director Section 26 substituted 16 January 2006 section 13 Land Transport Amendment Act 2005 Section 26 amended 1 April 2021 section 33(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 26(a) amended 1 April 2021 section 33(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 26(b) amended 1 April 2021 section 33(2) Land Transport (NZTA) Legislation Amendment Act 2020
27: Suspension and revocation of licences
The Director Section 27 amended 1 April 2021 section 34 Land Transport (NZTA) Legislation Amendment Act 2020
28: Photographic driver licence
1: A driver licence must be in the prescribed form and must have on it—
a: a photographic image of the holder; and
b: the holder's name and signature; and
c: the holder's date of birth; and
d: unique identifiers to distinguish the licence and the holder from other driver licences and holders; and
e: the classes to which the licence applies; and
f: the endorsements issued to the holder; and
g: the original
h: the date on which the licence expires; and
i: organ donor information (if applicable); and
j: an indication of any condition the holder must comply with while driving a motor vehicle; and
k: such other features as may be specified in the rules for the purposes of verifying or protecting the integrity of the licence.
2: In addition, a driver licence may show the holder's address if the holder requests that those details be shown.
3: A driver licence may not have on it any photographic image, information, or features other than those referred to in subsection (1) or subsection (2).
4: This section applies to licences issued or renewed on or after the date this section comes into force , subject to subsections (4A), (4B), and (4C)
4A: Without limiting subsection (4), subsection (1)﻿(g) applies to all new driver licences, including—
a: renewal of a current driver licence; and
b: renewal of an expired driver licence, whether the holder—
i: was previously suspended or disqualified; or
ii: failed to renew his or her driver licence on expiry; and
c: a replacement driver licence.
4B: Despite subsections (1)﻿(g) and (4),—
a: in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and
b: in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and
c: in the case of a learner licence or restricted licence issued under Part 4
4C: Subsection (4B)﻿(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.
5: The Agency
a: must store the photographic image used for each licence until the licence expires; and
b: may store the photographic image used for each licence after the licence has expired. Section 28(1)﻿(g) amended 16 January 2006 section 14(1) Land Transport Amendment Act 2005 Section 28(4) amended 16 January 2006 section 14(2) Land Transport Amendment Act 2005 Section 28(4A) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(4B) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(4C) inserted 16 January 2006 section 14(3) Land Transport Amendment Act 2005 Section 28(5) replaced 22 August 2017 section 40 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 28(5) amended 1 September 2020 section 35 Land Transport (NZTA) Legislation Amendment Act 2020
28A: Transitional provisions for photographic driver licences
Despite section 28(1)﻿(g) and (4) Part 12 Section 28A inserted 16 January 2006 section 15 Land Transport Amendment Act 2005
29: Certain driver licences have no effect
1: A driver licence has no effect if—
a: a person is disqualified from holding, or unqualified to hold, a driver licence:
b: the licence is invalid or is issued invalidly:
c: the licence is revoked, cancelled, superseded, or replaced:
d: the licence is for the time being suspended under any Act.
2: An authority to drive vehicles of a specified class that is conferred by part of a driver licence or an endorsement on a driver licence has no effect if—
a: the person who obtained the authority is not qualified to drive, or is disqualified from driving, vehicles of that class; or
b: the relevant part of the licence or the endorsement is for the time being suspended, or has been revoked, under any Act. Section 29(1) substituted 10 May 2011 section 13 Land Transport (Road Safety and Other Matters) Amendment Act 2011
29A: Persons convicted of specified serious offences prohibited from holding
1: A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold
2: A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.
3: Despite subsection (1), a person may hold a passenger endorsement if—
a: the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and
b: the Director section 29B(2)﻿(b)
i: be contrary to the public interest; and
ii: pose an undue risk to public safety or security.
4: For the purposes of this section,— imprisonment
a: corrective training; or
b: borstal training; or
c: detention centre training specified serious offence
a: murder; or
b: a sexual crime under Part 7 section 144A section 144C
c: an offence against any of the following sections of the Crimes Act 1961
i: section 173
ii: section 174
iii: section 175
iv: section 176
v: section 188
vi: section 189(1)
vii: section 191
viii: section 198
ix: section 199
x: section 200(1)
xi: section 201
xii: section 208
xiii: section 209
xiv: section 210
xv: section 234
xvi: section 235
xvii: section 236
d: an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c). Section 29A inserted 16 January 2006 section 16 Land Transport Amendment Act 2005 Section 29A heading amended 21 March 2006 section 4(1) Land Transport Amendment Act 2006 Section 29A(1) amended 21 March 2006 section 4(2) Land Transport Amendment Act 2006 Section 29A(3) substituted 21 March 2006 section 4(3) Land Transport Amendment Act 2006 Section 29A(3)﻿(b) amended 1 April 2021 section 36 Land Transport (NZTA) Legislation Amendment Act 2020 Section 29A(3)﻿(b) amended 20 September 2007 section 4 Land Transport Amendment Act 2007 Section 29A(4) added 21 March 2006 section 4(3) Land Transport Amendment Act 2006
29B: Passenger endorsement may be reinstated in certain cases
1: A person who has a conviction for a specified serious offence may apply to the Director
a: the person's passenger endorsement—
i: is deemed to be expired and of no effect under section 29A(2)
ii: expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and
b: the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4)
2: If an application is made under subsection (1), the Director
a: may reinstate the applicant's passenger endorsement if satisfied that allowing the applicant to hold a passenger endorsement would not—
i: be contrary to the public interest; and
ii: pose an undue risk to public safety or security; and
b: must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—
i: the sentence imposed for the applicant's last conviction for a specified serious offence; and
ii: the length of time since the applicant's last conviction for a specified serious offence; and
iii: the nature and circumstances of each specified serious offence for which the applicant has been convicted; and
iv: any other convictions that the applicant has; and
v: the general safety criteria set out in section 30C
vi: any other matters that the Director
3: If the Director section 29A(3) Director’s
4: If the Director section 29A(3)
5: For the purposes of this section,— imprisonment section 29A(4) specified serious offence section 29A(4) Section 29B substituted 21 March 2006 section 5(1) Land Transport Amendment Act 2006 Section 29B(1) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(2) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(2)﻿(b)﻿(vi) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(3) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(3) amended 1 April 2021 section 37(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 29B(4) amended 1 April 2021 section 37(1) Land Transport (NZTA) Legislation Amendment Act 2020
30: Driver licences are property of
Agency surrendered in certain circumstances
1: Driver licences are the property of the Agency section 19 or subsection (4B) Agency or the Director (4A)
2: The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Agency or the Director
a: the licence is suspended or revoked under any Act; or
b: the suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.
3: If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a constable Agency
3A: If an enforcement officer has suspended a person's driver licence in accordance with section 90(2)
4: A person who receives a driver licence under subsection (3) , (3A), (4A)﻿(b) or (c), or (4B) Agency
4A: The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—
a: the Agency
b: a person appointed by the Agency or the Director
c: a constable
4B: A person on whom a driver licence stop order is imposed must,—
a: if the order is served in a way other than that described in section 91B(1)﻿(a) the District Court
b: if the order is served in the way described in section 91B(1)﻿(a)
5: The Director sections 82A 83 105(6A)
a: issue a new driver licence to the person when the disqualification or suspension expires or is removed; or
b: in the case where a court authorises the issue of an alcohol interlock licence, issue an alcohol interlock licence to the person; or
c: in the case where a court authorises the issue of a zero alcohol licence, issue a zero alcohol licence to the person; or
d: in the case where a court authorises the issue of a limited licence, issue a limited licence to the person. Section 30 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30 heading amended 22 June 2005 section 17(1) Land Transport Amendment Act 2005 Section 30(1) amended 1 April 2021 section 38(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(1) amended 1 November 2013 section 5(1) Land Transport Amendment Act 2011 Section 30(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(1) amended 22 June 2005 section 17(2) Land Transport Amendment Act 2005 Section 30(2) amended 1 April 2021 section 38(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 30(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(3A) inserted 20 September 2007 section 5(1) Land Transport Amendment Act 2007 Section 30(4) amended 1 November 2013 section 5(2) Land Transport Amendment Act 2011 Section 30(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4) amended 20 September 2007 section 5(2) Land Transport Amendment Act 2007 Section 30(4A) inserted 22 June 2005 section 17(3) Land Transport Amendment Act 2005 Section 30(4A)﻿(b) amended 1 April 2021 section 38(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30(4A)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4A)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30(4A)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 30(4B) inserted 1 November 2013 section 5(3) Land Transport Amendment Act 2011 Section 30(4B)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 30(5) substituted 10 May 2011 section 14 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30(5) amended 1 April 2021 section 38(4) Land Transport (NZTA) Legislation Amendment Act 2020
4A: Transport services licensing
Part 4A inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
1: Primary responsibilities of holders of transport service licences
Subpart 1 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30A: Requirements for vehicles
1: A holder of a transport service licence must ensure that—
a: every vehicle to be used in any legislation (including bylaws)
b: no vehicle is used in any legislation (including bylaws)
2: The holder of any transport service licence must, whenever required to do so by the Director transport service vehicle used in the service
2A: The driver of a small passenger service vehicle must, whenever required to do so by the Director
3: No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.
4: No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Director
5: Nothing in subsection (1), (3), or (4) applies to a vehicle used in a small passenger service.
6: Nothing in this section applies to—
a: the facilitator of a facilitated cost-sharing arrangement; or
b: a vehicle used in a facilitated cost-sharing arrangement; or
c: a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried. 1989 No 74 ss 31 33 Section 30A inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30A(1)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30A(1)﻿(a) amended 1 October 2017 section 62(1) Land Transport Amendment Act 2017 Section 30A(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30A(1)﻿(b) amended 1 October 2017 section 62(1) Land Transport Amendment Act 2017 Section 30A(2) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(2) amended 1 October 2017 section 62(2) Land Transport Amendment Act 2017 Section 30A(2A) inserted 1 October 2017 section 62(3) Land Transport Amendment Act 2017 Section 30A(2A) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(4) amended 1 April 2021 section 39 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30A(5) inserted 1 October 2017 section 62(4) Land Transport Amendment Act 2017 Section 30A(6) inserted 1 October 2017 section 62(4) Land Transport Amendment Act 2017
30B: Provision of identification information in Braille
Section 30B repealed 1 October 2017 section 63 Land Transport Amendment Act 2017
2: Fit and proper person test
Subpart 2 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Assessment criteria Heading inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30C: General safety criteria
1: When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director Director
a: in the interests of public safety; or
b: to ensure that the public is protected from serious or organised criminal activity.
2: For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director Director
a: the person's criminal history (if any):
b: any offending by the person in respect of transport-related offences (including any infringement offences):
c: any history of serious behavioural problems:
d: any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
e: any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
f: any other matter that the Director
3: In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director
a: any conviction for an offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Part or corresponding former enactment; or
iii: the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
b: the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.
4: Despite subsection (3), the Director Director 1989 No 74 s 24(1), (2)﻿(d), (3) Section 30C inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30C(1) amended 1 April 2021 section 40(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(2) amended 1 April 2021 section 40(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(2)﻿(f) amended 1 April 2021 section 40(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(3) amended 1 April 2021 section 40(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30C(4) amended 1 April 2021 section 40(4) Land Transport (NZTA) Legislation Amendment Act 2020
30D: Additional criteria for small passenger service
Without in any way limiting the matters that the Director section 30C(2) Director small passenger service Director
a: any history of serious behavioural problems:
b: any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:
d: any persistent offending of any kind:
e: any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature. 1989 No 74 s 24(2)﻿(a) Section 30D inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30D heading amended 1 October 2017 section 64(1) Land Transport Amendment Act 2017 Section 30D amended 1 April 2021 section 41 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30D amended 1 October 2017 section 64(2) Land Transport Amendment Act 2017
30E: Additional criteria for large passenger service
Without in any way limiting the matters that the Director section 30C(2) Director large passenger service Director
a: any history of serious behavioural problems that indicate a propensity for violence:
b: any offending in respect of offences of violence or sexual offences:
c: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)﻿(b) Section 30E inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30E heading amended 1 October 2017 section 65(1) Land Transport Amendment Act 2017 Section 30E amended 1 April 2021 section 42 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30E amended 1 October 2017 section 65(2) Land Transport Amendment Act 2017
30F: Additional criteria for goods service
Without in any way limiting the matters that the Director section 30C(2) Director Director
a: any criminal activity conducted in the course of any transport service or transport-related business or employment:
b: any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges. 1989 No 74 s 24(2)﻿(c) Section 30F inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30F amended 1 April 2021 section 43 Land Transport (NZTA) Legislation Amendment Act 2020 Information requirements Heading inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30G: Director The Director
a: seek and receive any information that the Director
b: consider information obtained from any source. 1989 No 74 s 24(4) Section 30G inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30G heading amended 1 April 2021 section 44(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30G amended 1 April 2021 section 44(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30G(a) amended 1 April 2021 section 44(3) Land Transport (NZTA) Legislation Amendment Act 2020
30H: Director’s If the Director Director section 30I(1) subpart 5 1989 No 74 s 24(5) Section 30H inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30H heading amended 1 April 2021 section 45(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30H amended 1 April 2021 section 45(2) Land Transport (NZTA) Legislation Amendment Act 2020
30I: Non-disclosure by
Director
1: Nothing in section 30H Director
2: If the Director Director
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 49(1)﻿(a)﻿(i)
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) 1989 No 74 s 24(6), (7) Section 30I inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30I heading amended 1 April 2021 section 46(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(1) amended 1 April 2021 section 46(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(2) amended 1 April 2021 section 46(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30I(2)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 30I(2)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
3: Licensing of transport services
Subpart 3 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30J: Transport service operators must be licensed
A transport service operator may not carry on (or, in relation to a small passenger service operator, facilitate) any of the following transport services unless licensed to do so:
a: a goods service:
b: a large passenger service:
c: a rental service:
d: a small passenger service:
e: a vehicle recovery service. Section 30J replaced 1 October 2017 section 66 Land Transport Amendment Act 2017
30K: Application for transport service licence
1: Every application for a transport service licence must be—
a: made in accordance with the regulations and the rules; and
b: accompanied by the fee (if any) required by the regulations.
2: A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence. 1989 No 74 s 6 Section 30K inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30L: Grant of licence
1: After considering an application for a transport service licence, the Director Director
a: the applicant is a fit and proper person to hold a transport service licence; and
b: any person who is to have, or is likely to have, control of the transport service is a fit and proper person to have such control; and
c: any representative meeting the requirements of subsection (1A)﻿(b) is a fit and proper person to be a representative; and
d: the applicant or any person who is to have control of the transport service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and
e: all relevant requirements of this Act, the regulations, and the rules have been complied with.
1A: The Director Director
a: a person who is to have control of the small passenger service in New Zealand lives in New Zealand; or
b: the small passenger service operator has a representative who lives in New Zealand.
2: In determining whether or not a person is a fit and proper person in relation to any transport service Director subpart 2
3: Subpart 5 1989 No 74 s 8(1), (2) Section 30L inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30L(1) replaced 1 October 2017 section 67(1) Land Transport Amendment Act 2017 Section 30L(1) amended 1 April 2021 section 47(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(1A) inserted 1 October 2017 section 67(1) Land Transport Amendment Act 2017 Section 30L(1A) amended 1 April 2021 section 47(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(2) amended 1 April 2021 section 47(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30L(2) amended 1 October 2017 section 67(2) Land Transport Amendment Act 2017
30M: Conditions of
goods service licence Despite section 30L(1) and (2) Director Director Director
a: is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but
b: is satisfied that—
i: the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and
ii: the grant of such a licence is not contrary to the public interest. 1989 No 74 s 8(3) Section 30M inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30M heading amended 1 October 2017 section 68 Land Transport Amendment Act 2017 Section 30M amended 1 April 2021 section 48 Land Transport (NZTA) Legislation Amendment Act 2020
30N: Transfer, assignment, or lease of transport service licence prohibited
1: A transport service licence may not be transferred, leased, or assigned to any person.
2: Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—
a: by the personal representative of the deceased or incapacitated person; or
b: by any other person under an arrangement with the personal representative. 1989 No 74 s 26(1), (2) Section 30N inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30O: Term of transport service licence
1: A transport service licence takes effect on the day it is granted and continues in force until it is—
a: surrendered under subsection (2); or
b: deemed to be surrendered under subsection (3); or
c: revoked under section 30S
2: The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Agency or the Director
3: If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.
4: No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:
a: the New Zealand Defence Force
b: Fire and Emergency New Zealand; or
c: the Police; or
d: any emergency service organisation approved by the Director 1989 No 74 ss 3(2) 27 28 Section 30O inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30O(2) amended 1 April 2021 section 49(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30O(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30O(4)﻿(a) amended 11 August 2017 section 50 Land Transport Amendment Act 2017 Section 30O(4)﻿(b) replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 30O(4)﻿(d) amended 1 April 2021 section 49(2) Land Transport (NZTA) Legislation Amendment Act 2020
30P: Driver must have or drive under transport service licence
A transport service driver must, when using a vehicle in a transport service,—
a: have the relevant transport service licence; or
b: drive on behalf of the holder of the relevant transport service licence; or
c: have been facilitated to connect with passengers by a facilitator who holds a small passenger service licence. Section 30P replaced 1 October 2017 section 69 Land Transport Amendment Act 2017
30Q: Records to be kept by facilitator of facilitated cost-sharing arrangement
1: A facilitator of a facilitated cost-sharing arrangement must keep—
a: all records of payments to the driver; and
b: all records of payments made by passengers to the facilitator; and
c: a record of the distance travelled on each trip.
2: The person who keeps the records required under subsection (1) must—
a: keep each record for 12 months from the date it is made; and
b: make all records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by the Director
3: The Director may make copies of records made available under subsection (2)﻿(b). Section 30Q replaced 1 October 2017 section 69 Land Transport Amendment Act 2017 Section 30Q(2)﻿(b) amended 1 April 2021 section 50(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Q(3) replaced 1 April 2021 section 50(2) Land Transport (NZTA) Legislation Amendment Act 2020
30R: Agency Section 30R repealed 1 October 2017 section 69 Land Transport Amendment Act 2017
4: Revocation of transport service licences
Subpart 4 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30S: When
Director
1: The Director Director
a: the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or
b: any person who has control of the transport service is not a fit and proper person to have control of the service; or
c: any representative who lives in New Zealand is not a fit and proper person to be a representative; or
d: any driver is not a fit and proper person.
1A: Subsection (1)﻿(c) does not apply in relation to drivers who are facilitated to connect with passengers under a facilitated cost-sharing arrangement.
2: Subpart 5 1989 No 74 s 11(1) Section 30S inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30S heading amended 1 April 2021 section 51(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30S(1) amended 1 April 2021 section 51(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30S(1)﻿(b) replaced 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1)﻿(c) inserted 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1)﻿(d) inserted 1 October 2017 section 70(1) Land Transport Amendment Act 2017 Section 30S(1A) inserted 1 October 2017 section 70(2) Land Transport Amendment Act 2017
30T: Procedure
Director If the proposed revocation of a licence under section 30S
a: the notice required to be given to the licence holder by section 30W Director
b: the licence must not be revoked where the licence holder complies with any such requirements of the Director 1989 No 74 s 11(2), (3) Section 30T inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30T heading amended 1 April 2021 section 52(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30T amended 1 October 2017 section 71 Land Transport Amendment Act 2017 Section 30T(a) amended 1 April 2021 section 52(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30T(b) amended 1 April 2021 section 52(2) Land Transport (NZTA) Legislation Amendment Act 2020
30U: Suspension of transport service licence
or imposition of conditions
1: The Director or impose conditions on
a: the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules; or
b: the holder of a transport Part 4B
c: the holder of a small passenger service licence does not have—
i: a person with control of the service in New Zealand who lives in New Zealand; or
ii: a representative who lives in New Zealand.
2: A suspension ceases immediately when the Director
2A: Any conditions imposed are immediately removed when the Director
3: Subpart 5
4: Subpart 5 1989 No 74 s 18(4), (5) Section 30U inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30U heading amended 1 September 2020 section 53(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1) replaced 1 October 2017 section 72 Land Transport Amendment Act 2017 Section 30U(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1) amended 1 September 2020 section 53(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(1)﻿(b) amended 1 September 2020 section 53(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2) replaced 1 October 2017 section 72 Land Transport Amendment Act 2017 Section 30U(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2A) inserted 1 September 2020 section 53(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(2A) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30U(4) inserted 1 September 2020 section 53(5) Land Transport (NZTA) Legislation Amendment Act 2020
5: Adverse decisions
Subpart 5 inserted 1 October 2007 section 18 Land Transport Amendment Act 2005
30V: Interpretation
In sections 30W to 30Y adverse decision Director
a: that a person is not a fit and proper person under subpart 2
b: to refuse to grant a transport service licence under section 30L
c: to grant a licence on conditions under section 30M
d: to revoke a transport service licence under section 30S
e: to suspend or impose conditions on section 30U
f: to disqualify—
i: a transport service driver under section 87A
ii: a transport service licence holder or person in control of a transport service under section 87B affected licence holder person directly affected section 106 person on the basis of whose character the adverse decision arises Director 1989 No 74 s 25(1) Section 30V inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30V adverse decision replaced 1 October 2017 section 73(1) Land Transport Amendment Act 2017 Section 30V adverse decision amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30V adverse decision amended 1 September 2020 section 54 Land Transport (NZTA) Legislation Amendment Act 2020 Section 30V affected licence holder amended 1 October 2017 section 73(2) Land Transport Amendment Act 2017 Section 30V person on the basis of whose character the adverse decision arises amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
30W: Director
1: If the Director Director
a: notify the person directly affected of the proposed decision; and
b: subject to subsection (3), inform that person of the grounds for the proposed decision; and
c: specify a date by which submissions may be made to the Director
d: if appropriate, specify the date on which the proposed decision will, unless the Director
e: notify the person of the person's right of appeal under section 106 Director
f: specify such other matters as in any particular case may be required by this Act or any other Act.
2: If the Director Director
a: must also supply a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:
ii: any affected licence holder, if the Director
b: may supply a copy of the notice to any other affected licence holder.
3: No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H
a: the notice or copy is supplied to the person to whom the information relates; or
b: that person consents to the supply of that information to any other person. 1989 No 74 s 25(2)–(4) Section 30W inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30W heading amended 1 April 2021 section 55(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)﻿(c) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)﻿(d) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(1)﻿(e) amended 1 April 2021 section 55(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(2) amended 1 April 2021 section 55(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30W(2)﻿(a)﻿(ii) amended 1 April 2021 section 55(3) Land Transport (NZTA) Legislation Amendment Act 2020
30X: Procedure for consideration of information
If any notice or copy of a notice is given to any person under section 30W
a: it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Director Director Director
b: the Director Director Director
c: the Director 1989 No 74 s 25(5) Section 30X inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30X(a) amended 1 April 2021 section 56(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30X(b) amended 1 April 2021 section 56(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30X(c) amended 1 April 2021 section 56(3) Land Transport (NZTA) Legislation Amendment Act 2020
30Y: Director’s After considering the matters referred to in section 30X(c) Director
a: finally determine whether or not to make the proposed adverse decision; and
b: as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)﻿(a)
i: the Director’s
ii: if appropriate, the date on which the decision will take effect; and
iii: if appropriate, the right of appeal under section 106 1989 No 74 s 25(6) Section 30Y inserted 1 October 2007 section 18 Land Transport Amendment Act 2005 Section 30Y heading amended 1 April 2021 section 57(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Y amended 1 April 2021 section 57(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30Y(b)﻿(i) amended 1 April 2021 section 57(3) Land Transport (NZTA) Legislation Amendment Act 2020
4B: Work time and logbooks
Part 4B inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30Z: Application of Part
Nothing in this Part applies in relation to—
a: a vehicle used in a facilitated cost-sharing arrangement; or
b: any rail service vehicle. Section 30Z replaced 1 October 2017 section 74 Land Transport Amendment Act 2017
30ZA: Director
1: If the Director section 168D(3) Director the Director
a: with respect to subpart 1
b: with respect to subpart 2
c: approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for specified
2: A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Director
3: The Director Director
4: Before approving an alternative fatigue management scheme under subsection (1)﻿(c), the Director 1962 No 135 s 70B(4) Section 30ZA inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZA heading amended 1 April 2021 section 58(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(1) amended 1 April 2021 section 5 Regulatory Systems (Transport) Amendment Act 2021 Section 30ZA(1) amended 1 April 2021 section 58(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 30ZA(1)﻿(c) amended 7 August 2011 section 16 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZA(2) amended 1 April 2021 section 58(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(3) amended 1 April 2021 section 58(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZA(4) amended 1 April 2021 section 58(5) Land Transport (NZTA) Legislation Amendment Act 2020
1: Work time
Subpart 1 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZB: Application of subpart
1: This subpart applies if, in a cumulative work period, a driver drives a vehicle that—
a: requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or
c: is used to carry goods for hire or reward.
2: Subsection (1) applies whether or not the vehicle is—
a: engaged in any transport service; or
b: carrying any load or passengers.
3: Subsection (1) does not apply to the driver of a goods service vehicle that—
a: requires a class 2 licence (as specified in the rules); and
b: is used within a 50 km radius of the vehicle's normal base of operation; and
c: is not used for hire or reward.
4: This section is subject to section 30Z Section 30ZB substituted 7 August 2011 section 17 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZB(4) inserted 1 October 2017 section 75 Land Transport Amendment Act 2017
30ZC: Limits on work time
1: A driver subject to this subpart—
a: may not exceed the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA
b: must comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA
2: In any cumulative work day, a driver—
a: may not exceed 13 hours of work time; and
b: must have at least 10 hours of continuous rest time.
3: In any cumulative work period, a driver may not exceed 70 hours of work time.
4: To avoid doubt, the rules may extend the limits for a cumulative work day or period for a specified activity or service.
5: This section does not apply to a driver of an ambulance service or a fire brigade Section 30ZC substituted 7 August 2011 section 17 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 30ZC(5) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
30ZD: Records must be kept
1AA: Subsection (1) applies to—
a: a person who employs a person to drive a vehicle referred to in section 30ZB
b: a self-employed driver who drives a vehicle referred to in section 30ZB
c: a facilitator who facilitates a driver who drives a vehicle referred to in section 30ZB
1: A person to whom this section applies must keep all—
a: time records, records of payments to the driver, and employment or contractual records relating to the driver; and
b: accommodation records and receipts for the driver that are relevant to the driver’s transport service or transport service vehicle; and
c: fuel records and receipts for the relevant transport service vehicles.
2: The person who keeps the records required under subsection (1) must—
a: keep each record for 12 months from the date it is made; and
b: make all relevant records referred to in subsection (1) in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.
3: Every enforcement officer to whom records are made available for inspection under subsection (2)﻿(b) is entitled to make copies of those records. 1962 No 135 s 70B(6), (6A) Section 30ZD inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZD(1AA) inserted 1 October 2017 section 76(1) Land Transport Amendment Act 2017 Section 30ZD(1) replaced 1 October 2017 section 76(1) Land Transport Amendment Act 2017 Section 30ZD(2)﻿(b) replaced 1 October 2017 section 76(2) Land Transport Amendment Act 2017
2: Logbooks
Subpart 2 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZE: Application of subpart
1: This subpart applies if, in a cumulative work period,—
a: a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
b: a driver drives a vehicle that is used in—
i: a transport service (other than a rental service); or
ii: circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or
c: a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.
2: Despite subsection (1), this subpart—
a: applies whether or not the vehicle is—
i: engaged in any transport service; or
ii: carrying any load or passengers; but
b: does not apply to a driver of a goods service vehicle that—
i: requires a class 1 or class 2 licence (as specified in the rules); and
ii: is used within a 50 km radius of the vehicle's normal base of operation; and
iii: is not used for hire or reward.
3: This section is subject to section 30Z Section 30ZE inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZE(3) inserted 1 October 2017 section 77 Land Transport Amendment Act 2017
30ZF: Drivers must maintain logbooks
Unless exempted under section 30ZA(1)
a: manner prescribed by the rules; and
b: form approved by the Agency 1962 No 135 s 70C(1) Section 30ZF inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZF(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
30ZG: Director The Director Section 30ZG inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZG heading amended 1 April 2021 section 59(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 30ZG amended 1 April 2021 section 59(2) Land Transport (NZTA) Legislation Amendment Act 2020
30ZH: Duties regarding logbooks
1: A driver must—
a: retain a logbook required to be maintained by that driver under section 30ZF 12 months
b: in the case of a driver who is an employee , or who is driving on behalf of a transport service operator, or who is facilitated to connect with passengers by a small passenger service operator, or transport service operator or transport service operator 12 months
1A: Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1)
2: A driver must—
a: carry a logbook with him or her at all times when driving a vehicle to which section 30ZE
b: produce, on demand by any enforcement officer and without delay, any logbook that—
i: the driver is required to maintain; and
ii: relates to—
A: the day of the driver's last rest time of at least 24 hours; and
B: all the days since that rest time.
3: If the form of the logbook required to be maintained under section 30ZF
a: to remove that identical copy; or
b: if that identical copy has previously been removed or is illegible, to make a copy of that logbook.
4: A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, records of payments to the driver, and employment or contractual records relating to the driver
5: A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records. 1962 No 135 s 70C(5)–(7A) Section 30ZH inserted 1 October 2007 section 19 Land Transport Amendment Act 2005 Section 30ZH(1)﻿(a) amended 17 December 2016 section 59 Statutes Amendment Act 2016 Section 30ZH(1)﻿(b) amended 1 October 2017 section 78(1)﻿(a) Land Transport Amendment Act 2017 Section 30ZH(1)﻿(b) amended 1 October 2017 section 78(1)﻿(b) Land Transport Amendment Act 2017 Section 30ZH(1)﻿(b) amended 1 October 2017 section 78(1)﻿(c) Land Transport Amendment Act 2017 Section 30ZH(1)﻿(b) amended 17 December 2016 section 59 Statutes Amendment Act 2016 Section 30ZH(1A) inserted 1 August 2012 section 94 Road User Charges Act 2012 Section 30ZH(2)﻿(a) amended 1 October 2007 section 6 Land Transport Amendment Act 2007 Section 30ZH(4) amended 1 October 2017 section 78(2) Land Transport Amendment Act 2017
3: Evidence in proceedings
Subpart 3 inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
30ZI: Evidence in proceedings for offences against subpart 1 or subpart 2
1: In proceedings for an offence against subpart 1 subpart 2
a: evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)﻿(b)
b: an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3)
2: In any proceedings in respect of an offence against subpart 1 section 30ZF 1962 No 135 s 70D(8), (9) Section 30ZI inserted 1 October 2007 section 19 Land Transport Amendment Act 2005
5: Offences relating to driving (other than
alcohol- and drug-related Part 5 heading amended 11 March 2023 section 7 Land Transport (Drug Driving) Amendment Act 2022 Offences relating to driver licensing
31: Contravention of
section 5(1)﻿(a) or (b) or (4) or 30(2), (3), (3A), (4A), or (4B)
1: A person commits an offence if the person—
a: drives a motor vehicle on a road—
i: with an expired driver licence; or
ii: without an appropriate driver licence; or
b: drives a motor vehicle contrary to the conditions of his or her driver licence; or
c: is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer; or
d: fails to surrender or return his or her driver licence to—
i: the Agency, a person appointed by the Agency, a court, a constable, or an enforcement officer when required to do so by section 30(2), (3), (3A), or (4A)
ii: an employee or agent of the Ministry of Justice, or an enforcement officer, when required to do so by section 30(4B)﻿(b)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000. 1986 No 6 s 37(3), (4) Section 31 heading amended 14 November 2018 section 148(1) Courts Matters Act 2018 Section 31(1)﻿(a) substituted 22 June 2005 section 20(2) Land Transport Amendment Act 2005 Section 31(1)﻿(d) replaced 14 November 2018 section 148(2) Courts Matters Act 2018
32: Contravention of section 5(1)﻿(c)
1: A person commits an offence if the person drives a motor vehicle on a road—
a: while disqualified from holding or obtaining a driver licence; or
b: contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence
c: while his or her driver licence is suspended or revoked.
2: Nothing in subsection (1) applies to any person—
a: who has been ordered by a court to attend an approved driving improvement course under section 92(1) Director section 99A approved by the Director
b: who, in the course of his or her attendance at that course or programme
i: in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5
ii: in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5
3: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)﻿(b) does not apply and section 65AH(3)﻿(b)
4: If a person is convicted of a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences),—
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
4A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (4)﻿(b) does not apply and section 65AH(3)﻿(b)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Transport Act 1962
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2B), (4) 35(1), (1A) Section 32(1)﻿(b) amended 10 September 2012 section 18(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 32(2)﻿(a) amended 1 April 2021 section 60 Land Transport (NZTA) Legislation Amendment Act 2020 Section 32(2)﻿(a) amended 10 September 2012 section 18(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 32(2)﻿(a) amended 16 January 2006 section 21(1) Land Transport Amendment Act 2005 Section 32(2)﻿(b) amended 16 January 2006 section 21(2) Land Transport Amendment Act 2005 Section 32(2)﻿(b)﻿(i) substituted 16 January 2006 section 21(3) Land Transport Amendment Act 2005 Section 32(2)﻿(b)﻿(ii) substituted 16 January 2006 section 21(3) Land Transport Amendment Act 2005 Section 32(3A) inserted 1 July 2018 section 6(1) Land Transport Amendment Act 2017 Section 32(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 32(4A) inserted 1 July 2018 section 6(2) Land Transport Amendment Act 2017 Section 32(6) replaced 1 July 2018 section 6(3) Land Transport Amendment Act 2017
33: Contravention of section 5(2) or (3)
1: A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.
1A: Subsection (1) does not apply in relation to—
a: an application for an alcohol interlock licence made in accordance with an alcohol interlock sentence; or
b: an application for a zero alcohol licence made in accordance with section 65B
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) does not apply and section 65AH(3)﻿(b)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)﻿(a) 34 50 Section 33(1A) inserted 1 July 2018 section 7(1) Land Transport Amendment Act 2017 Section 33(2A) inserted 1 July 2018 section 7(2) Land Transport Amendment Act 2017 Section 33(3) replaced 1 July 2018 section 7(3) Land Transport Amendment Act 2017
33A: Offence to operate as driving instructor without authorisation
1: A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000. Section 33A inserted 22 June 2005 section 22 Land Transport Amendment Act 2005 Offences relating to driving (other than offences involving alcohol or drugs Heading amended 11 March 2023 section 8 Land Transport (Drug Driving) Amendment Act 2022
34: Contravention of section 6
1: A person commits an offence if the person—
a: operates an unsafe motor vehicle on a road; or
b: operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or
c: fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 ss 79(8) 79B(6) SR 1976/227 rr 80 85
35: Contravention of section 7, or section 22 where no injury or death involved
1: A person commits an offence if the person—
a: operates a motor vehicle recklessly on a road; or
b: drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
c: without reasonable excuse, contravenes section 22
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) does not apply and section 65AH(3)﻿(b)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)﻿(d) 57 65(5) Section 35(2A) inserted 1 July 2018 section 8(1) Land Transport Amendment Act 2017 Section 35(3) replaced 1 July 2018 section 8(2) Land Transport Amendment Act 2017
36: Contravention of section 7 or section 22 involving injury
1: A person commits an
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to
b: drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to
c: without reasonable excuse, contravenes section 22
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(1), (2A)﻿(b), (d) 55(1) 65(4) Section 36 heading amended 10 May 2011 section 19(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(1) substituted 22 June 2005 section 23 Land Transport Amendment Act 2005 Section 36(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36(1)﻿(a) amended 10 May 2011 section 19(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(1)﻿(b) amended 10 May 2011 section 19(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36(2A) inserted 1 July 2018 section 9(1) Land Transport Amendment Act 2017 Section 36(3) replaced 1 July 2018 section 9(2) Land Transport Amendment Act 2017
36AA: Contravention of section 7 by causing death of another person
1: A person commits an
a: drives or causes to be driven a motor vehicle recklessly and by that act or omission causes the death of another person; or
b: drives or causes a motor vehicle to be driven at a speed or in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person and, by that act or omission, causes the death of another person.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 Section 36AA inserted 10 May 2011 section 20 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 36AA(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36AA(2A) inserted 1 July 2018 section 10(1) Land Transport Amendment Act 2017 Section 36AA(3) replaced 1 July 2018 section 10(2) Land Transport Amendment Act 2017
36A: Contravention of section 22A
1: A person commits an offence if the person—
a: operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road—
i: any petrol, oil, or diesel fuel; or
ii: any other substance likely to cause a vehicle to undergo loss of traction; or
c: without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
2: A person who commits an offence against subsection (1)﻿(a) or (c) and by that act or omission causes an injury to another person—
a: is liable on conviction to imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3: A person who commits an offence against subsection (1)﻿(a) or (c) and by the act or omission causes the death of another person—
a: is liable on conviction to imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
3A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
4: A person who commits an offence against subsection (1)﻿(a) or (c) but does not, by that act or omission, cause injury to, or the death of, another person is liable on conviction section 35(2) , (2A),
5: A person who commits an offence against subsection (1)﻿(b) is liable on conviction
6: The imposition of a mandatory disqualification under this section is subject to section 81 Section 36A inserted 2 May 2003 section 6 Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 36A(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(2A) inserted 1 July 2018 section 11(1) Land Transport Amendment Act 2017 Section 36A(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(3A) inserted 1 July 2018 section 11(2) Land Transport Amendment Act 2017 Section 36A(4) amended 1 July 2018 section 11(3) Land Transport Amendment Act 2017 Section 36A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(6) replaced 1 July 2018 section 11(4) Land Transport Amendment Act 2017
36AB: Contravention of sections 7 and 114
Section 36AB repealed 11 August 2017 section 39 Land Transport Amendment Act 2017
36B: Contravention of section 22B or section 22C
1: A person commits an offence if the person—
a: uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or
b: uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
c: uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or
d: fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
3: For the purposes of this section, public place section 22B(3) Section 36B inserted 16 January 2006 section 24 Land Transport Amendment Act 2005
37: Contravention of section 8
1: A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is a fine not exceeding $3,000; and
b: the court may order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit. 1962 No 135 ss 30AA(6) 60
38: Contravention of section 8 causing injury or death
1: A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.
1A: A person commits an offence if—
a: the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and
b: by that act or omission, causes an injury to or the death of another person.
2: If a person is convicted of an offence against subsection (1) or subsection (1A)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: If an offence against subsection (1) or (1A) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(3)﻿(b) 56(1) Section 38(1A) inserted 22 June 2005 section 25(1) Land Transport Amendment Act 2005 Section 38(2) amended 22 June 2005 section 25(2) Land Transport Amendment Act 2005 Section 38(2A) inserted 1 July 2018 section 12(1) Land Transport Amendment Act 2017 Section 38(3) replaced 1 July 2018 section 12(2) Land Transport Amendment Act 2017
39: Aggravated careless use of vehicle causing injury or death
1: A person commits an
a: driving the motor vehicle at a speed exceeding the applicable speed limit; or
b: driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
2A: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2), (2A) 56(1A) Section 39(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39(2A) inserted 1 July 2018 section 13(1) Land Transport Amendment Act 2017 Section 39(3) replaced 1 July 2018 section 13(2) Land Transport Amendment Act 2017 Offences relating to rules
40: Contravention of ordinary rules
1: A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167
2: If a person is convicted of an offence referred to in subsection (1), the person is liable to the applicable penalty set out in the regulations. 1993 No 88 s 30
41: Contravention of emergency rules
1: A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum fine for an individual is $2,000:
b: the maximum fine for a body corporate is $10,000. 1993 No 88 s 30 Loading offences
42: Failure to secure load
1: A person operating a motor vehicle on a road , and any person loading that vehicle,
2: If a person is convicted of an offence against subsection (1),—
a: the maximum fine for an individual is $2,000 and the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit:
b: the maximum fine for a body corporate is $10,000. 1962 No 135 s 70(1) Section 42(1) amended 22 June 2005 section 26 Land Transport Amendment Act 2005
43: Overloading and over-dimension offences
1: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches any of the following:
a: the prescribed maximum mass limits for axles:
b: the prescribed maximum mass limits for axle sets:
c: the prescribed maximum mass limits for groups of axles:
d: the prescribed maximum gross mass limits for motor vehicles.
2: Separate offences are committed in respect of every axle, axle set, group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles if the mass on that axle or those axles exceeds the relevant prescribed maximum gross mass limit or prescribed maximum mass limit.
3: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles breaches the prescribed requirements in relation to dimensions.
4: A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the vehicle or combination of vehicles exceeds the gross vehicle mass for that vehicle or vehicles.
5: If a person commits an infringement offence against this section, the person must pay the penalty prescribed by the regulations. Section 43 replaced 11 August 2017 section 51 Land Transport Amendment Act 2017
43A: Courts may impose appropriate fines for infringement offences that are not overloading offences
A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence. Section 43A inserted 22 June 2005 section 27 Land Transport Amendment Act 2005 Other offences
44: Contravention of section 14
1: A person commits an offence if the person is required by or under this Act to give any specified information or gives a statutory declaration for any purpose under this Act, and, in response to that requirement, or in that declaration, gives information that the person knows to be false or misleading.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: Nothing in this section affects section 111 1962 No 135 s 41B(7)
45: Contravention of section 17
1: A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 s 192B
46: Contravention of section 20
1: A person commits an offence if the person, without reasonable excuse,—
a: conducts a traffic survey to which section 20 Agency
b: fails to comply with any condition or direction given under section 20
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1962 No 135 ss 30 193 Section 46(1)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
47: Contravention of section 22(2), (3), (4), or (5)
1: A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2)
2: A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3)
3: A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5)
4: The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000. Section 47 substituted 22 June 2005 section 28 Land Transport Amendment Act 2005
48: Contravention of section 92(4)
1: A person commits an offence if the person, without reasonable excuse, fails to—
a: attend a driving improvement course or dangerous goods course in accordance with section 92(4)
b: complete a driving improvement course or dangerous goods course in accordance with section 92(4)
c: pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. Section 48(1) replaced 10 September 2012 section 23 Land Transport (Road Safety and Other Matters) Amendment Act 2011
49: Contravention of section 97(5) or (6)
1: A person commits an offence if—
a: the person, without reasonable excuse and acting without authority under this Act, removes or releases from storage a motor vehicle impounded under any of sections 96 96A 122 123 249
b: the person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of sections 96 96A 122 123 249
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000. Section 49(1)﻿(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 49(1)﻿(a) amended 1 October 2007 section 29(1) Land Transport Amendment Act 2005 Section 49(1)﻿(b) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 49(1)﻿(b) amended 1 October 2007 section 29(2) Land Transport Amendment Act 2005
50: Contravention of section 117(2)
1: A person commits an offence if the person fails or refuses to release immediately a motor vehicle to another person when required to do so by section 117(2)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.
51: Contravention of section 198(4)
1: A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
52: Contravening notices, requirements, etc, given or imposed by enforcement officers
1: A person commits an offence if the person—
aa:
a: removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115 or (if the notice was given under section 96(1B) section 102(3)﻿(b) section 110(3)﻿(a)﻿(ii) or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules
b: drives a vehicle to which a notice under section 115 applies (other than when driving in compliance with a condition imposed under subsection (4) or subsection (5) of that section or under section 96(1D)
c: fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer (except for any described in section 52A
d: whether or not he or she is the person to whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3:
4:
5:
6: A person commits an offence if the person, in response to any request for information by an enforcement officer under section 118
a: fails or refuses to provide information; or
b: provides false or misleading information.
7: The maximum penalty on conviction for an offence against subsection (6) is a fine not exceeding $20,000.
8: If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000. 1962 No 135 ss 30AA(5), (7) 70A(2)﻿(b) Section 52(1)﻿(aa) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(1)﻿(a) amended 16 January 2006 section 30(2) Land Transport Amendment Act 2005 Section 52(1)﻿(a) amended 2 May 2003 section 7(a) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 52(1)﻿(b) amended 2 May 2003 section 7(b) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 52(1)﻿(c) amended 11 August 2017 section 40(2) Land Transport Amendment Act 2017 Section 52(3) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(4) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(5) repealed 11 August 2017 section 40(1) Land Transport Amendment Act 2017 Section 52(6) replaced 11 August 2017 section 40(3) Land Transport Amendment Act 2017 Section 52(7) added 1 December 2009 section 12 Land Transport (Enforcement Powers) Amendment Act 2009 Section 52(8) added 1 December 2009 section 12 Land Transport (Enforcement Powers) Amendment Act 2009
52A: Contravention of section 114
1: A person commits an offence if the person—
a: is the driver of a vehicle that fails to stop—
i: as soon as practicable when signalled or requested to stop under section 114(1)
ii: when required to stop under section 114(2)
b: is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A) or (3)﻿(a)
c: fails or refuses to provide information or provides false or misleading information in response to a demand for information made by an enforcement officer under section 114(3)﻿(b)
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: If a person is convicted of a first offence against subsection (1)﻿(a) or (b) and committed the offence while exceeding the applicable speed limit or operating a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 6 months.
4: If a person is convicted of a second offence against subsection (1), a court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.
5: If a person is convicted for a third or subsequent offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 2 years.
6: A disqualification ordered under subsection (3), (4), or (5) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the facts that gave rise to the person’s conviction for an offence described in subsection (1).
7: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then in relation to that alcohol interlock sentence—
a: section 65AH(3)
b: the mandatory disqualification in subsection (3), (4), or (5) is the period of disqualification for the purposes of section 65AE(d)
8: Subsection (6) does not apply to offending that occurs after the facts that gave rise to the person’s conviction for an offence described in subsection (1). Section 52A inserted 11 August 2017 section 41 Land Transport Amendment Act 2017
53: Obstruction of enforcement officer or dangerous goods enforcement officer
1: A person commits an offence if the person, without reasonable excuse, obstructs or hinders, or incites any other person to obstruct or hinder, an enforcement officer or dangerous goods enforcement officer in the execution of his or her functions or powers under this Act.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. 1962 No 135 s 80(2)﻿(a)
54: Personation of enforcement officer
1: A person commits an offence if the person (other than an enforcement officer or a dangerous goods enforcement officer), without reasonable excuse, by words, conduct, or demeanour pretends to be an enforcement officer or a dangerous goods enforcement officer, or puts on or assumes the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: Subsection (1) does not affect section 48 1962 No 135 s 192A Section 54(3) amended 1 October 2008 section 130(1) Policing Act 2008
55: Tampering with vehicle surveillance equipment
1: A person commits an offence if the person—
a: tampers with approved vehicle surveillance equipment; or
b: interferes with—
i: approved vehicle surveillance equipment; or
ii: the operation of approved vehicle surveillance equipment.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000. 1962 No 135 s 42(2)
55A: Offences concerning alcohol interlock devices
1: This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an alcohol interlock sentence
2: If this section applies,—
a: the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or
b: the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an alcohol interlock sentence
3: It is a defence to proceedings for an offence against subsection (2)﻿(a) if the person who holds an alcohol interlock licence establishes that the person—
a: did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an alcohol interlock sentence
b: was not involved in the commission of the offence against subsection (2)﻿(b).
4: The maximum penalty on conviction for an offence against subsection (2)﻿(a) or (b) is a fine not exceeding $3,000. Section 55A inserted 10 September 2012 section 24 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 55A(1) amended 1 July 2018 section 14(1) Land Transport Amendment Act 2017 Section 55A(2)﻿(b) amended 1 July 2018 section 14(2) Land Transport Amendment Act 2017 Section 55A(3)﻿(a) amended 1 July 2018 section 14(2) Land Transport Amendment Act 2017
6: Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties
56: Contravention of specified breath or blood-alcohol limit
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
1A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
2: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73
2A: A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72(1)﻿(b) to (e) 73
2B: A person commits an infringement offence if—
a: the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69
b: analysis of a blood specimen subsequently taken from the person under section 72(1)﻿(a)
3: If a person is convicted of a first or second offence against subsection (1) or subsection (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3A: The mandatory disqualification in subsection (3)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
4: If a person is convicted of a third or subsequent offence against subsection (1) or (2) or any of sections 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) or (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
4A: The mandatory disqualification in subsection (4)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2) 58(1)﻿(a), (c) Section 56(1A) inserted 1 December 2014 section 5(1) Land Transport Amendment Act (No 2) 2014 Section 56(2A) inserted 1 December 2014 section 5(2) Land Transport Amendment Act (No 2) 2014 Section 56(2B) inserted 1 December 2014 section 5(2) Land Transport Amendment Act (No 2) 2014 Section 56(3A) inserted 1 July 2018 section 15(1) Land Transport Amendment Act 2017 Section 56(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(4) amended 11 March 2023 section 9 Land Transport (Drug Driving) Amendment Act 2022 Section 56(4A) replaced 1 July 2018 section 15(2) Land Transport Amendment Act 2017 Section 56(6) replaced 1 July 2018 section 15(3) Land Transport Amendment Act 2017
57: Contravention of specified breath or blood-alcohol limit by person younger than 20
1: A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
1A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
2: A person younger than 20 commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 section 73
2A: A person younger than 20 commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
3: If a person commits an offence against subsection (1) or subsection (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.
4: The mandatory disqualification in subsection (3)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2A) 58(1)﻿(f), (g) Section 57(1A) inserted 7 August 2011 section 25(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57(2A) inserted 7 August 2011 section 25(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57(4) replaced 1 July 2018 section 16 Land Transport Amendment Act 2017 Section 57(5) inserted 1 July 2018 section 16 Land Transport Amendment Act 2017
57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence
1: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 69 250
2: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 72 73 50
3: If a person is convicted of an offence against subsection (1) or (2),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.
3A: The mandatory disqualification in subsection (3)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
4: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 69 250
5: A person who holds an alcohol interlock licence or a zero alcohol licence commits an section 72 73 50
6: If a person is convicted of an offence against subsection (4) or (5),—
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
7: The mandatory disqualification in subsection (6)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
8: The imposition of a mandatory disqualification under this section is subject to section 81 Section 57AA inserted 10 September 2012 section 26 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 57AA(1) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(2) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(3A) inserted 1 July 2018 section 17(1) Land Transport Amendment Act 2017 Section 57AA(4) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(5) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 57AA(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57AA(7) replaced 1 July 2018 section 17(2) Land Transport Amendment Act 2017 Section 57AA(8) inserted 1 July 2018 section 17(2) Land Transport Amendment Act 2017
57A: Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug
Offence: driving while blood contains evidence of use of 1 qualifying drug
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
b: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains evidence of use of 1 qualifying drug
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of 1 listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; or
b: contains evidence of use of 1 unlisted qualifying drug and the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while oral fluid indicates use of qualifying drug
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
b: the person does not elect to have a blood test in accordance with section 71D Section 57A replaced 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57B: Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs
Offence: driving while blood contains evidence of use of 2 or more qualifying drugs
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: 1 or more of the drugs are listed qualifying drugs and the blood concentration level for 1 or more listed qualifying drugs exceeds the applicable high-risk level:
b: 1 or more of the drugs are unlisted qualifying drugs and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains evidence of use of 2 or more qualifying drugs
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of 2 or more listed qualifying drugs and the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; or
b: contains evidence of use of 2 or more unlisted qualifying drugs and the person was not required to undergo a compulsory impairment test under section 71F
c: contains evidence of use of 1 or more listed qualifying drugs and 1 or more unlisted qualifying drugs and—
i: the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; and
ii: the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while oral fluid indicates use of 2 or more qualifying drugs
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of 2 or more of the same qualifying drugs; and
b: the person does not elect to have a blood test in accordance with section 71D Section 57B inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57C: Driving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug
Offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: the proportion of alcohol in the person’s blood—
i: exceeds 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, exceeds 30 milligrams of alcohol per 100 millilitres of blood; or
iii: if the person holds an alcohol interlock licence or a zero alcohol licence, equals or is less than 50 milligrams of alcohol per 100 millilitres of blood:
b: the drug is a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug:
c: the drug is an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F Infringement offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug
2: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains alcohol and the proportion of alcohol in the person’s blood equals or is less than—
i: 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
b: contains evidence of use of a qualifying drug and,—
i: if the drug is a listed qualifying drug, the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; and
ii: if the drug is an unlisted qualifying drug, the person was not required to undergo a compulsory impairment test under section 71F Infringement offence: driving while blood contains alcohol and oral fluid indicates use of 1 qualifying drug
3: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if,—
a: as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
i: 80 milligrams of alcohol per 100 millilitres of blood; or
ii: if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
b: the results of a first oral fluid test and the second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
c: the person does not elect to have a blood test in accordance with section 71D Infringement offence: driving while breath contains alcohol and oral fluid indicates use of 1 qualifying drug
4: A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—
a: the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, equals or is less than—
i: 400 micrograms of alcohol per litre of breath; or
ii: if the person is younger than 20, 150 micrograms of alcohol per litre of breath; and
b: the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
c: the person does not elect to have a blood test in accordance with section 71D
5: Subsections (2), (3), and (4) do not apply to a person who holds an alcohol interlock licence or a zero alcohol licence ( see section 57AA Section 57C inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
57D: Penalties for offences against sections 57A(1), 57B(1), and 57C(1)
1: If a person is convicted of a first or second offence against section 57A(1)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified for 6 months or more from holding or obtaining a driver licence.
2: If a person is convicted of a first or second offence against section 57B(1) 57C(1)
a: the maximum penalty is imprisonment for a term not exceeding 6 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified for 9 months or more from holding or obtaining a driver licence.
3: If a person is convicted of a third or subsequent offence against any of sections 56(1) 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified for more than 1 year from holding or obtaining a driver licence.
4: If an offence against section 57A(1) 57B(1) section 65AH(3)﻿(b)
5: Subsection (3)﻿(b) does not apply if an order is made under section 65
6: For the purposes of this section, a conviction against a provision of the Transport Act 1962
7: The imposition of a mandatory disqualification under this section is subject to section 81 Section 57D inserted 11 March 2023 section 10 Land Transport (Drug Driving) Amendment Act 2022
58: Contravention of section 12
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.
1A:
2: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: The mandatory disqualification in subsection (2)﻿(b) does not apply to an offence against subsection (1)﻿(a) that is a qualifying offence if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
2B: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)﻿(b) does not apply and section 65AH(3)﻿(b)
3: If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1) 57A(1) 57B(1) 57C(1) 60(1) 61(1) and (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
3A: The mandatory disqualification in subsection (3)﻿(b) does not apply to an offence against subsection (1)﻿(a) that is a qualifying offence if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3B: If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)﻿(b) does not apply and section 65AH(3)﻿(b)
4: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 s 58(1)﻿(e) Section 58(1) replaced 11 March 2023 section 11(1) Land Transport (Drug Driving) Amendment Act 2022 Section 58(1A) repealed 11 March 2023 section 11(1) Land Transport (Drug Driving) Amendment Act 2022 Section 58(2A) inserted 1 July 2018 section 19(1) Land Transport Amendment Act 2017 Section 58(2B) inserted 1 July 2018 section 19(1) Land Transport Amendment Act 2017 Section 58(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(3) amended 11 March 2023 section 11(2) Land Transport (Drug Driving) Amendment Act 2022 Section 58(3A) replaced 1 July 2018 section 19(2) Land Transport Amendment Act 2017 Section 58(3B) inserted 1 July 2018 section 19(2) Land Transport Amendment Act 2017 Section 58(5) replaced 1 July 2018 section 19(3) Land Transport Amendment Act 2017
59: Failure or refusal to remain at specified place or to accompany enforcement officer
1: A person commits an offence if the person—
a: fails or refuses to remain at the place where the person underwent a breath screening test under section 68
b: fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69 , 71A 71B 71E 71F 72
c: having accompanied an enforcement officer to a place under a requirement under section 69 71A 71B 71E 71F 72
i: fails or refuses to remain at that place until the person is required either to undergo an evidential breath test, an oral fluid test, a blood test, or a compulsory impairment test
ii: fails or refuses to accompany an enforcement officer to another place under any
d: having undergone an evidential breath test under a requirement under section 69 sections 71A to 71C section 71F
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is a fine not exceeding $4,500; and
b: the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit. 1962 No 135 ss 30AB(3) 58A(4) 58B(5) 58C(5) Section 59(1)﻿(b) amended 11 March 2023 section 12(1) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)﻿(b) amended 1 November 2009 section 9(1) Land Transport Amendment Act 2009 Section 59(1)﻿(c) amended 11 March 2023 section 12(1) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)﻿(c) amended 1 November 2009 section 9(2) Land Transport Amendment Act 2009 Section 59(1)﻿(c)﻿(i) amended 11 March 2023 section 12(2) Land Transport (Drug Driving) Amendment Act 2022 Section 59(1)﻿(c)﻿(i) amended 1 November 2009 section 9(3) Land Transport Amendment Act 2009 Section 59(1)﻿(c)﻿(ii) amended 1 November 2009 section 9(4) Land Transport Amendment Act 2009 Section 59(1)﻿(d) replaced 11 March 2023 section 12(3) Land Transport (Drug Driving) Amendment Act 2022
60: Failure or refusal to permit blood specimen to be taken
or to undergo compulsory impairment test
1: A person commits an offence if the person—
a: fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72
b: fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 health practitioner
c: is a person from whom a health practitioner section 73 ; or
d: fails or refuses to undergo a compulsory impairment test under section 71F
2: If a person is convicted of a first or second offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
2A: The mandatory disqualification in subsection (2)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3: If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2) 57A(1) 57B(1) 57C(1) 58(1) 61(1) and (2)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
3A: The mandatory disqualification in subsection (3)﻿(b) does not apply if—
a: an order is made under section 65
b: an alcohol interlock sentence is ordered under section 65AC(1)
3B: Subsection (3C) applies to a person who—
a: is required to permit a blood specimen to be taken under section 72(1)﻿(a), (b), or (e)
b: when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)﻿(a), (b), or (e)
3C: A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.
4: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
5: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(2) 58E Section 60 heading amended 1 November 2009 section 10(1) Land Transport Amendment Act 2009 Section 60(1)﻿(b) amended 7 November 2018 section 7(1) Land Transport Amendment Act 2016 Section 60(1)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 60(1)﻿(c) amended 7 November 2018 section 7(2) Land Transport Amendment Act 2016 Section 60(1)﻿(c) amended 1 November 2009 section 10(2) Land Transport Amendment Act 2009 Section 60(1)﻿(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 60(1)﻿(d) added 1 November 2009 section 10(2) Land Transport Amendment Act 2009 Section 60(1)﻿(d) amended 11 March 2023 section 13(1) Land Transport (Drug Driving) Amendment Act 2022 Section 60(2A) inserted 1 July 2018 section 20(1) Land Transport Amendment Act 2017 Section 60(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 60(3) amended 11 March 2023 section 13(2) Land Transport (Drug Driving) Amendment Act 2022 Section 60(3A) replaced 1 July 2018 section 20(2) Land Transport Amendment Act 2017 Section 60(3B) inserted 1 December 2014 section 6 Land Transport Amendment Act (No 2) 2014 Section 60(3C) inserted 1 December 2014 section 6 Land Transport Amendment Act (No 2) 2014 Section 60(5) replaced 1 July 2018 section 20(3) Land Transport Amendment Act 2017
61: Person in charge of motor vehicle causing injury or death
1: A person commits an
a: the proportion of alcohol in the breath of the person in charge, as ascertained by an evidential breath test subsequently undergone by that person under section 69
b: the proportion of alcohol in the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken from that person under section 72 section 73
2: A person commits an
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
i: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
ii: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
c:
2A: To avoid doubt, subsection (2)﻿(b)
3: If a person is convicted of an offence against subsection (1) or (2) that causes bodily injury to another person
a: the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2) section 58(1) section 60(1)
3AA: If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—
a: the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2) 58(1) 60(1)
3A: If a person is convicted of a third or subsequent offence against this section any of sections 56(1) 56(2) 57A(1) 57B(1) 57C(1) 58(1) 60(1)
3B: Subsection (3A) does not apply if an order is made under section 65
3BA: If an alcohol interlock sentence is ordered under section 65AC(1) section 65AE(d) see section 65AD
3BB: If an offence against subsection (2) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)﻿(b), (3AA)﻿(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
3C: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962
4: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AB(1), (1A) 55(2) Section 61(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(1) amended 16 January 2006 section 34(1) Land Transport Amendment Act 2005 Section 61(2) substituted 1 November 2009 section 11 Land Transport Amendment Act 2009 Section 61(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(2)﻿(b) replaced 11 March 2023 section 14(1) Land Transport (Drug Driving) Amendment Act 2022 Section 61(2)﻿(c) repealed 11 March 2023 section 14(1) Land Transport (Drug Driving) Amendment Act 2022 Section 61(2A) inserted 1 November 2009 section 11 Land Transport Amendment Act 2009 Section 61(2A) amended 11 March 2023 section 14(2) Land Transport (Drug Driving) Amendment Act 2022 Section 61(3) amended 10 May 2011 section 27(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(3)﻿(b) substituted 16 January 2006 section 34(2) Land Transport Amendment Act 2005 Section 61(3AA) inserted 10 May 2011 section 27(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(3A) inserted 16 January 2006 section 34(3) Land Transport Amendment Act 2005 Section 61(3A) amended 11 March 2023 section 14(3) Land Transport (Drug Driving) Amendment Act 2022 Section 61(3B) inserted 16 January 2006 section 34(3) Land Transport Amendment Act 2005 Section 61(3BA) inserted 1 July 2018 section 21(1) Land Transport Amendment Act 2017 Section 61(3BB) inserted 1 July 2018 section 21(1) Land Transport Amendment Act 2017 Section 61(3C) inserted 10 May 2011 section 27(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 61(4) replaced 1 July 2018 section 21(2) Land Transport Amendment Act 2017
62: Causing injury or death in circumstances to which section 61 does not apply
1: A person commits an section 61
a: while under the influence of drink or a drug, or both; or
b: if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
1A: To avoid doubt, subsection (1)﻿(b) does not limit subsection (1)﻿(a).
1B: A person commits an offence if the person causes bodily injury to, or the death of, a person by driving or attempting to drive a vehicle if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
a: contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
b: contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
2: If a person commits an offence against subsection (1) or (1B)
a: the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
3: Subsection (2)﻿(b) does not apply if an order is made under section 65
4: If an alcohol interlock sentence is ordered under section 65AC(1) section 65AE(d) see section 65AD
5: If an offence against subsection (1) or (1B) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)﻿(b) is the period of disqualification for the purposes of section 65AE(d) see section 65AH(3)﻿(a)
6: The imposition of a mandatory disqualification under this section is subject to section 81 1962 No 135 ss 30AA(2), (2A) 56(1A)﻿(b) Section 62(1) substituted 1 November 2009 section 12(1) Land Transport Amendment Act 2009 Section 62(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(1)﻿(b) replaced 11 March 2023 section 15(1) Land Transport (Drug Driving) Amendment Act 2022 Section 62(1A) inserted 1 November 2009 section 12(1) Land Transport Amendment Act 2009 Section 62(1B) replaced 11 March 2023 section 15(2) Land Transport (Drug Driving) Amendment Act 2022 Section 62(2) amended 1 November 2009 section 12(2) Land Transport Amendment Act 2009 Section 62(3) replaced 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(4) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(5) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017 Section 62(6) inserted 1 July 2018 section 22 Land Transport Amendment Act 2017
63: Further penalty in certain cases where person driving vehicle used in transport service
1: If a person is convicted of an offence against any of sections 56 to 62
2: This section does not limit the power of a court under any other provision of this Act to disqualify a person for a period exceeding 10 years.
3: This section overrides section 94 (which allows a court to substitute disqualification with a community-based sentence) 1962 No 135 s 30AD Section 63(3) amended 1 July 2018 section 23 Land Transport Amendment Act 2017 Defences
64: Defences
1: It is a defence to proceedings for an offence against section 60 health practitioner
1AA: Subsection (1) is subject to section 60(3B) and (3C)
1A: It is a defence to proceedings for an offence against section 57A(1) or (2) 57B(1) or (2) 57C(1) or (2) 62(1B) qualifying drug
a: in accordance with—
i: a current and valid prescription written for that person by a health practitioner; and
ii: any instructions from a health practitioner or from the manufacturer of the qualifying drug
b: because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.
1AB: It is a defence to proceedings for an offence against section 57A(3) 57B(3) 57C(3) or (4)
a: the person—
i: has a current and valid prescription for the qualifying drug that was written for that person by a health practitioner; and
ii: has complied with the instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug about driving, consuming alcohol or other prescription medicines, or both, while consuming the qualifying drug; or
b: the drug was administered by a health practitioner, and the person complied with the instructions (if any) given by the health practitioner.
1B: It is a defence to proceedings for an offence against section 60(1)﻿(d)
a: a pre-existing medical condition or pre-existing disability that precludes undergoing the test:
b: an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.
2: It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A 77 77A
3: In any proceedings against any person for an offence against section 52(1)﻿(c) section 121(2)
a: the breath screening test or evidential breath test indicated that,—
i: in the case of a person apparently younger than 20, the person’s breath did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's breath did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s breath did not exceed 250
b: any evidence given in respect of the results of a blood test indicates that,—
i: in the case of a person apparently younger than 20, the person’s blood did not contain alcohol; or
ii: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person's blood did not contain alcohol; or
iii: in any other case, the proportion of alcohol in the person’s blood did not exceed 50
3A: It is no defence to proceedings for an offence against section 60
a: there was or may have been an error in the result of the breath screening test , evidential breath test, or oral fluid test
b: the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
4: It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's breath—
a: that there was or may have been an error in the result of the breath screening test or evidential breath test
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.
5: It is no defence to proceedings for an offence against this Act in respect of the proportion of alcohol in a person's blood—
a: that there was or may have been an error in the result of the breath screening test or evidential breath test; or
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
6: It is no defence to proceedings for an offence against this Act in respect of the proportion of a qualifying drug in a person’s blood—
a: that there was or may have been an error in the result of the first oral fluid test or second oral fluid test; or
b: that the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require a second oral fluid test or a blood test. 1962 No 135 ss 58(6) 58I 63(3) Section 64(1) amended 7 November 2018 section 8 Land Transport Amendment Act 2016 Section 64(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 64(1AA) inserted 1 December 2014 section 7 Land Transport Amendment Act (No 2) 2014 Section 64(1A) inserted 1 November 2009 section 13 Land Transport Amendment Act 2009 Section 64(1A) amended 11 March 2023 section 16(1) Land Transport (Drug Driving) Amendment Act 2022 Section 64(1A) amended 1 November 2009 section 15(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 64(1A)﻿(a)﻿(ii) amended 1 November 2009 section 15(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 64(1AB) inserted 11 March 2023 section 16(2) Land Transport (Drug Driving) Amendment Act 2022 Section 64(1B) inserted 1 November 2009 section 13 Land Transport Amendment Act 2009 Section 64(2) amended 11 March 2023 section 16(3) Land Transport (Drug Driving) Amendment Act 2022 Section 64(2) amended 29 December 2001 section 5(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 64(3) substituted 7 August 2011 section 28 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 64(3)﻿(a)﻿(iii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 64(3)﻿(b)﻿(iii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 64(3A) inserted 22 June 2005 section 35 Land Transport Amendment Act 2005 Section 64(3A)﻿(a) amended 11 March 2023 section 16(4) Land Transport (Drug Driving) Amendment Act 2022 Section 64(4)﻿(a) amended 29 December 2001 section 5(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 64(6) inserted 11 March 2023 section 16(5) Land Transport (Drug Driving) Amendment Act 2022 Mandatory disqualification and assessment for repeat offences Heading replaced 1 July 2018 section 24 Land Transport Amendment Act 2017
65: Mandatory disqualification and assessment for repeat offences
1: This section applies to offences against any of sections 56 to 62
2: A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Director
a: the court convicts that person of a second or subsequent offence against any of sections 56 to 62
b: the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.
3: Despite subsection (2), the
a: an offence to which this section applies where either—
i: the proportion of alcohol in the person's breath, as ascertained by an evidential breath test, exceeded 1 000 micrograms of alcohol per litre of breath; or
ii: the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen, exceeded 200 milligrams of alcohol per 100 millilitres of blood; or
b: an offence against section 59 section 60
3A: The mandatory disqualification in subsection (2) is replaced by any alcohol interlock sentence ordered under section 65AC(1)
4: The court must make an order that requires a person to attend an assessment centre and that disqualifies that person from holding or obtaining a driver licence until the Director section 100
a: the court convicts that person of a third or subsequent offence to which this section applies; and
b: the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.
4A: The mandatory disqualification in subsection (4) is replaced by any alcohol interlock sentence ordered under section 65AC(1)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 1962 No 135 s 30A Section 65 heading replaced 1 July 2018 section 25(1) Land Transport Amendment Act 2017 Section 65(2) substituted 10 May 2011 section 29(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65(2) amended 1 April 2021 section 61 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65(3) amended 10 May 2011 section 29(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65(3A) inserted 1 July 2018 section 25(2) Land Transport Amendment Act 2017 Section 65(4) substituted 16 January 2006 section 36 Land Transport Amendment Act 2005 Section 65(4) amended 1 April 2021 section 61 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65(4A) inserted 1 July 2018 section 25(3) Land Transport Amendment Act 2017
65A: Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol
Section 65A repealed 1 July 2018 section 26 Land Transport Amendment Act 2017 Mandatory alcohol interlock sentence for repeat offences and certain first offences Heading inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AB: Qualifying offences
1: Section 65AC sections 56(1) 57(1) 57AA 57C(1) 58(1)﻿(a) 60(1)﻿(a) to (c) 61(1) 62(1)﻿(a)
a: the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court (whether or not section 65(2) or (4)
b: the offence for which the person is convicted involves either or both of the following:
i: the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69
ii: the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 73
2: However, section 65AI section 65AC
a: has a medical condition (as certified by an appropriately qualified health practitioner) that renders him or her incapable of providing a valid breath sample to activate an alcohol interlock device; or
b: usually lives in a non-serviced area and is not prepared to drive to a serviced area for an initial installation and any necessary service; or
c: has never held a New Zealand licence; or
d: holds a licence that has been revoked or is suspended (except one that is suspended under section 90 95 95A
e: is not likely, during the term of any alcohol interlock sentence that would otherwise apply, to—
i: have lawful possession of a motor vehicle to the extent of being able to use it and fit it with an alcohol interlock device; or
ii: have the type of possession described in subparagraph (i) of a motor vehicle that is technically able to be fitted with an alcohol interlock device. Section 65AB inserted 1 July 2018 section 26 Land Transport Amendment Act 2017 Section 65AB(1) amended 11 March 2023 section 17 Land Transport (Drug Driving) Amendment Act 2022
65AC: Alcohol interlock sentence
1: If this section applies, the court must order an alcohol interlock sentence.
2: An alcohol interlock sentence—
a: disqualifies the person from holding or obtaining a driver licence for the period required by section 65AE
b: authorises the person to apply for an alcohol interlock licence at the end of that period; and
c: disqualifies the person from holding or obtaining any licence except an alcohol interlock licence; and
d: authorises the person, after complying with the alcohol interlock licence requirements, to apply to replace the alcohol interlock licence with a zero alcohol licence.
3: Subsection (1) applies unless for special reasons relating to the qualifying offence the court thinks fit to order otherwise and, if so,—
a: section 94
b: an alcohol interlock sentence may not otherwise be substituted by a community-based sentence. Section 65AC inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AD: Injury or death
If a qualifying offence resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the qualifying offence. Section 65AD inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AE: Period of disqualification
The period of disqualification for an alcohol interlock sentence is the greatest of the following periods:
a: 28 days; and
b: any period when the person’s licence is expired or suspended under section 90 95 95A
c: any period when the person is in prison (because of the qualifying offence or otherwise); and
d: any period when the person is disqualified from holding or obtaining a driver licence, including—
i: under section 65AD
ii: under section 65AH(3)
iii: because of an existing disqualification (except a disqualification under section 65(2) or (4) see section 65(3A) and (4A) Section 65AE inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AF: Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence
A person who is subject to an alcohol interlock sentence and who does not apply for an alcohol interlock licence is disqualified from holding or obtaining a driver licence. Section 65AF inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AG: Alcohol interlock licence requirements
1: An alcohol interlock licence replaces any licence held by a person.
2: An alcohol interlock licence requires a person holding it to drive only a motor vehicle or vehicles to which an alcohol interlock device is fitted.
3: A person may apply under section 100A
a: every motor vehicle the person has driven for 12 months (or more) had an alcohol interlock device fitted and operating; and
b: in relation to a person who is required to attend an assessment centre under section 65
c: during the previous 6 months, the person—
i: has not attempted to drive while the person’s breath contained a proportion of alcohol above the level to which the device is set; and
ii: has not committed a qualifying offence or an offence against section 55A
iii: has complied with any relevant regulations made under this Act.
4: The 6-month period referred to in subsection (3)﻿(c) may be reduced to 3 months if the person has been assessed at an assessment centre (whether the attendance was voluntary or ordered by a court) as a fit person to hold a driver licence. Section 65AG inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AH: When court may take alcohol interlock sentence into account
Fines, imprisonment, assessments, or community-based sentences
1: A court must order any fine, imprisonment, assessment, or community-based sentence that is appropriate for a qualifying offence or a concurrent offence regardless of the requirement to impose an alcohol interlock sentence.
2: However, the court may take into account the cost of an alcohol interlock sentence and may discount the amount of any fine. Disqualifications
3: For a concurrent offence,— Injury or death
a: that resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the concurrent offence: No injury or death
b: that did not result in injury or death, the court may, taking into account the alcohol interlock sentence that must be ordered for the qualifying offence under section 65AC Section 65AH inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AI: Exceptions: persons who are not to be given alcohol interlock sentence
If this section applies because an exception described in section 65AB(2)
a: disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence; and
b: order any fine, imprisonment, assessment, or community-based sentence that is appropriate for the qualifying offence; and
c: if a disqualification is ordered, authorise the person to apply for a zero alcohol licence at the end of the period of disqualification. Section 65AI inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AJ: Effect of subsequent qualifying offences on alcohol interlock sentence
1: This section applies to a person with an alcohol interlock sentence who is convicted of a subsequent qualifying offence.
2: The court must replace the alcohol interlock sentence with a new alcohol interlock sentence under section 65AC
a: section 65AC(3)
b: an exception described in section 65AB(2) section 65AI
3: Sections 65AC to 65AI Section 65AJ inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65AK: Effect of other subsequent offences on alcohol interlock licence
1: This section applies to a person with an existing alcohol interlock licence—
a: who is convicted of a subsequent offence that is not a qualifying offence; and
b: who is disqualified under this Act or under section 124
2: In order to continue the existing alcohol interlock licence, the court must authorise the person to apply for a new alcohol interlock licence at the end of the disqualification referred to in subsection (1)﻿(b).
3: Sections 65AG 65AJ
4: When the person applies under section 100A(1) Director section 65AG Section 65AK inserted 1 July 2018 section 26 Land Transport Amendment Act 2017 Section 65AK(4) amended 1 April 2021 section 62 Land Transport (NZTA) Legislation Amendment Act 2020 Mandatory zero alcohol requirements for repeat offences Heading inserted 1 July 2018 section 26 Land Transport Amendment Act 2017
65B: Mandatory zero alcohol requirements for repeat offences
and certain first offences
1: This section applies if a court has authorised a person to apply for a zero alcohol licence under any of the following sections:
a: section 65AC(2)﻿(d)
b: section 65AI(c)
c: section 100B(2)﻿(b)
2: A zero alcohol licence has effect for a period of 3 years from the date the licence is issued.
3: A person authorised under a section referred to in subsection (1)
a: in the case of a person who is subject to 1 or more orders of disqualification, no earlier than the day after the end of the last period of disqualification to which the person is subject; or
b: in the case of a person who is subject to an alcohol interlock sentence Director section 100A(1)
4: A person who has been authorised to apply for a zero alcohol licence and who does not apply for a zero alcohol licence is disqualified from holding or obtaining a driver licence. Section 65B inserted 10 September 2012 section 30 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 65B heading amended 1 July 2018 section 27(1) Land Transport Amendment Act 2017 Section 65B(1) replaced 1 July 2018 section 27(2) Land Transport Amendment Act 2017 Section 65B(2) replaced 1 July 2018 section 27(2) Land Transport Amendment Act 2017 Section 65B(3) amended 1 July 2018 section 27(3) Land Transport Amendment Act 2017 Section 65B(3)﻿(b) amended 1 April 2021 section 63 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65B(3)﻿(b) amended 1 July 2018 section 27(4) Land Transport Amendment Act 2017 Section 65B(4) replaced 1 July 2018 section 27(5) Land Transport Amendment Act 2017 Name suppression Heading repealed 5 March 2012 section 393 Criminal Procedure Act 2011
66: Names of drivers convicted of alcohol or drug-related offences may not be suppressed
Section 66 repealed 5 March 2012 section 393 Criminal Procedure Act 2011 Blood test fee
67: Blood test fee
1: The following persons who undergo a blood test are liable to pay the blood test fee that applied on the date of that test and any associated medical expenses:
a: any person who—
i: elects or is required to undergo the blood test under section 70A(1) 72(1)﻿(a), (b), (c), or (d)
ii: before undergoing the blood test is advised in accordance with section 69(4A)﻿(d) 72(1D) 72(1E)
aa: any person who—
i: elects or is required to undergo a blood test under section 71D 72(1)﻿(e), (f), (g), or (h)
ii: is advised in accordance with section 71A(5)﻿(c) 71D(2) 72(1F)
iii: commits an offence against section 57A(1) or (2) 57B(1) or (2) 57C(1) or (2)
b: any person who undergoes a blood test under section 73
1A: Subsection (1) does not apply if the result of the blood test indicates that the person has committed an infringement offence against section 56(2B)
1B: The blood test fee and any associated medical expenses payable by a person under subsection (1),—
a: in the case of a person who is convicted of an offence against any of sections 56(2) 57(2) 57AA 57A(1) 57B(1) 57C(1) 58 61(1)﻿(b) 61(2) 62
b: in all other cases, are recoverable from the person as a debt due to the Crown.
1C: An enforcement officer may waive or refund the blood test fee and any associated medical expenses payable or paid by a person under subsection (1) if—
a: the result of the blood test does not indicate that the person contravened a specified blood-alcohol limit; and
b: the blood test—
i: was taken under section 72(1)﻿(a)
A: a pre-existing medical condition or pre-existing disability that precluded undergoing the test; or
B: an injury, sustained in a motor vehicle accident that gave rise to the obligation to undergo the test; or
ii: was taken under section 73
2: For the purposes of subsection (1), the Minister of Police may from time to time, by notice (including prescribing different fees for different classes of persons)
3: The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.
4: A notice under subsection (2) is secondary legislation ( see Part 3 1962 No 135 s 30AB(4) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67(1) replaced 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1)﻿(a)﻿(i) amended 11 March 2023 section 18(1) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1)﻿(aa) inserted 11 March 2023 section 18(2) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1A) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1B) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(1B)﻿(a) amended 11 March 2023 section 18(3) Land Transport (Drug Driving) Amendment Act 2022 Section 67(1C) inserted 1 December 2014 section 8 Land Transport Amendment Act (No 2) 2014 Section 67(2) substituted 1 November 2009 section 14(4) Land Transport Amendment Act 2009 Section 67(2) amended 11 March 2023 section 18(4) Land Transport (Drug Driving) Amendment Act 2022 Section 67(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(3) added 1 November 2009 section 14(4) Land Transport Amendment Act 2009 Section 67(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Enforcement procedures for offences involving intoxication
68: Who must undergo breath screening test
1: An enforcement officer may require any of the following persons to undergo a breath screening test without delay:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may not require a person who is in a hospital or medical centre
3: A person who has undergone a breath screening test under this section must remain at the place where the person underwent the test until after the result of the test is ascertained, and an enforcement officer may arrest the person without warrant if the person refuses or fails to remain at that place.
4: If an enforcement officer is entitled to require a person to undergo a breath screening test, the officer may also require that person to undergo a test using a passive breath-testing device, which test is one where the officer holds a passive breath-testing device near the person's mouth for the purpose of ascertaining whether or not there is any alcohol in the person's breath.
5: The use or non-use of a passive breath-testing device does not of itself affect the validity of a breath screening test.
6: An enforcement officer may require a person to undergo a breath screening test whether or not a person has already undergone an oral fluid test under any of sections 71A to 71C 1962 No 135 s 58A Section 68(2) amended 7 November 2018 section 9 Land Transport Amendment Act 2016 Section 68(6) inserted 11 March 2023 section 19 Land Transport (Drug Driving) Amendment Act 2022
69: Who must undergo evidential breath test
1: An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if,
a: in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68
aa: in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68
ab: in the case of any other person, the person has undergone a breath screening test under section 68 250
b:
c: the person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68
d: the person could be required to undergo a breath screening test without delay under section 68
2: If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).
3: For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—
a: it is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or
b: it is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.
4: If a person—
a: has accompanied an enforcement officer to a place under this section; or
b: has been arrested under subsection (6) and taken to or detained at a place,— an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).
4A: An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—
a: that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)﻿(a)
b: that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and
c: of the infringement fee payable for a breach of section 56(2B)
d: that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.
5: A person must—
a: accompany the officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:
c: if the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
6: An enforcement officer may arrest without warrant a person who contravenes subsection (5).
7: An enforcement officer may not require a person who is in a hospital or medical centre 1962 No 135 s 58B Section 69(1) amended 7 August 2011 section 32(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)﻿(a) substituted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)﻿(aa) inserted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)﻿(ab) inserted 7 August 2011 section 32(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(1)﻿(ab) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 69(1)﻿(b) repealed 7 August 2011 section 32(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 69(4A) inserted 1 December 2014 section 9 Land Transport Amendment Act (No 2) 2014 Section 69(7) amended 7 November 2018 section 10 Land Transport Amendment Act 2016
70: Person may be required to undergo further evidential breath test if initial test fails to produce result
1: If for any reason an evidential breath test carried out under section 69 section 72(1)﻿(c)
2: A requirement made under subsection (1) is deemed to be a requirement under section 69(4)
70A: Who has right to elect blood test after positive evidential breath test
1: A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)﻿(a)
a: the result of the person's evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
b: the person is apparently younger than 20; or
c: the person holds an alcohol interlock licence or a zero alcohol licence.
2: A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person's positive evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.
3: Subsection (2) does not apply to a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence. Section 70A replaced 1 December 2014 section 10 Land Transport Amendment Act (No 2) 2014 Section 70A heading replaced 11 March 2023 section 20 Land Transport (Drug Driving) Amendment Act 2022
71: Meaning of apparently younger than 20
1: For the purposes of section 69(1)﻿(aa) younger than 20
a: the person produces a driver licence showing that the person is younger than 20; or
b: the person produces a driver licence showing that the person is 20 or older, but the officer has good cause to suspect that the licence has been issued to some other person or is invalid or that the person who produced the licence is younger than 20; or
c: the person fails to produce a driver licence and is unable to satisfy the officer by some other means that the person is 20 or older.
2: An enforcement officer is not obliged to take any further steps, other than requiring the production of a driver licence, to ascertain the age of a person for the purposes of section 69 1962 No 135 s 58B(1A) Section 71(1) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Enforcement procedures for offences involving use of qualifying drugs Heading inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71A: Who must undergo first oral fluid test
1: An enforcement officer may require any of the following persons to undergo a first oral fluid test without delay:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer—
a: may require a person to undergo a first oral fluid test whether or not the person has already undergone a breath screening test under section 68 or an evidential breath test under section 69
b: must not require a person to undergo a first oral fluid test if an enforcement officer has required the person to undergo a compulsory impairment test under section 71F(1)
3: An enforcement officer may require the person—
a: to remain in the place where stopped to undergo the first oral fluid test; or
b: if it is not practicable for the person to undergo an oral fluid test at the place where stopped, to accompany an enforcement officer to a place where it is likely that the person can undergo a first oral fluid test.
4: If it is not practicable for a person to undergo a first oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (3)﻿(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a first oral fluid test.
5: An enforcement officer who requires a person to undergo a first oral fluid test under this section must, without delay, advise the person that,—
a: if the person refuses to undergo a first oral fluid test under this section or a second oral fluid test under section 71B section 72(1)﻿(e)
b: if the result of a blood test indicates the presence of alcohol, 1 or more qualifying drugs, or both alcohol and 1 or more qualifying drugs, the person may be issued with an infringement notice or charged with an offence, depending on—
i: the proportion of any alcohol in the person’s blood; and
ii: the blood concentration level and type of the qualifying drugs (if any) in the person’s blood; and
c: the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1) 57B(1) 57C(1) section 57A(2), 57B(2), or 57C(2)
6: A person must—
a: accompany an enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
c: if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
7: An enforcement officer may arrest without warrant a person who contravenes subsection (6).
8: An enforcement officer may require a person who has been arrested under subsection (7) and taken to or detained at a place to undergo a first oral fluid test at that place.
9: An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an oral fluid test under this section. Section 71A replaced 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71B: Who must undergo second oral fluid test
1: An enforcement officer must require a person to undergo a second oral fluid test without delay if the person has undergone a first oral fluid test and the result of the first oral fluid test is positive unless the person is instead required to undergo a compulsory impairment test in the circumstances described in section 71F(5)
2: An enforcement officer may require the person—
a: to remain in the place where the person underwent the first oral fluid test to undergo the second oral fluid test; or
b: if it is not practicable for the person to undergo a second oral fluid test at the place where the person underwent the first oral fluid test, to accompany an enforcement officer to a place where it is likely that the person can undergo a second oral fluid test.
3: If it is not practicable for a person to undergo a second oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (2)﻿(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a second oral fluid test.
4: A person must—
a: accompany an enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
c: if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.
5: An enforcement officer may arrest without warrant a person who contravenes subsection (4).
6: An enforcement officer may require a person who has been arrested under subsection (5) and taken to or detained at a place to undergo a second oral fluid test at that place. Section 71B inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71C: Person must undergo further oral fluid test if either first or second oral fluid test fails to produce result
1: An enforcement officer must require a person to undergo without delay a further oral fluid test if—
a: a first oral fluid test carried out under section 71A
b: a second oral fluid test carried out under section 71B
2: A person must remain at the place where the person underwent the test that failed to produce a result until after the result of the further oral fluid test is ascertained.
3: An enforcement officer may arrest without warrant a person who contravenes subsection (2).
4: An enforcement officer may require a person who has been arrested under subsection (3) and taken to or detained at a place to undergo a further oral fluid test at that place.
5: A positive result of a further oral fluid test required under subsection (1) must,—
a: if required following a first oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the first oral fluid test; or
b: if required following a second oral fluid test that failed to produce a result, be treated for all purposes under this Act as the result of the second oral fluid test.
6: A person may be required to undergo only 1 further oral fluid test under subsection (1). Section 71C inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71D: Person has right to elect blood test after 2 positive oral fluid tests
1: A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77A(3)﻿(a)
a: the person has undergone a first oral fluid test and a second oral fluid test that have produced positive results; and
b: the results of both tests indicate the use of 1 or more of the same qualifying drugs.
2: An enforcement officer who advises a person of the matters specified in section 77A(3)﻿(a) section 57A(1) 57B(1) 57C(1) Section 71D inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71E: Person may be required to accompany enforcement officer to undergo blood test
1: An enforcement officer may require the following persons to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test when required to do so by the officer:
a: a person who fails or refuses to undergo an oral fluid test without delay after having been required to do so by the officer under any of sections 71A to 71C
b: a person who has undergone a first oral fluid test and a second oral fluid test that have produced positive results if—
i: the person was the driver of a motor vehicle at the time an accident occurred involving the motor vehicle or an enforcement officer has good cause to suspect that the person was in the motor vehicle at the time of the accident; and
ii: the enforcement officer has good cause to suspect that another person has been injured or killed as a result of the accident:
c: a person who has elected to have a blood test under section 71D
d: a person who fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F
2: If it is not practicable for a person to undergo a blood test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a blood test.
3: The person must—
a: accompany the enforcement officer to a place when required to do so under this section:
b: if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to provide a blood specimen for collection under section 72 73
4: An enforcement officer may arrest without warrant a person who contravenes subsection (3). Section 71E inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71F: Who must undergo compulsory impairment test
1: An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may require a person specified in subsection (1) to—
a: remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
b: accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.
3: A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until the result of the test is ascertained.
4: An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).
5: An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any of the following:
a: any breath screening test, regardless of the result of the test (or a failure of the test to produce a result):
b: any evidential breath test, regardless of the result of the test (or a failure of the test to produce a result):
c: a first oral fluid test that—
i: does not produce a positive result; or
ii: produces a positive result that indicates the use of more than 1 qualifying drug:
d: a second oral fluid test that does not produce a positive result.
6: An enforcement officer must not exercise the powers in subsection (1) and (2) in addition to either of the following:
a: a first oral fluid test that produces a positive result that indicates the use of only 1 qualifying drug:
b: a second oral fluid test that produces a positive result. Section 71F inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
71G: Approval of oral fluid tests and oral fluid testing devices
1: The Minister of Police may, by notice, approve—
a: a kind of device that may be used as an oral fluid testing device for the purposes of testing oral fluid for the presence of 1 or more specified qualifying drugs:
b: the manner in which an oral fluid test may be carried out by means of an oral fluid testing device.
2: Before giving a notice under subsection (1), the Minister of Police must—
a: consult the Minister of Transport and the Science Minister; and
b: have regard to the accuracy of the device; and
c: be satisfied that any device proposed to be approved under subsection (1)﻿(a) and used in a manner proposed to be approved under subsection (1)﻿(b) will return a positive result only if the device detects the presence of a qualifying drug at a level that indicates recent use of a specified qualifying drug.
3: In determining for the purposes of subsection (2)﻿(c) whether a device will return a positive result only if the device detects the presence of a qualifying drug at a level that indicates recent use of a specified qualifying drug, the Minister must have regard to any relevant New Zealand Standards or joint Australian/New Zealand Standards.
4: A notice made under subsection (1) for the purposes of approving a kind of device or a test—
a: must specify, for each specified qualifying drug, the concentration level of the qualifying drug in the person’s oral fluid at or above which the result of the test will appear positive for that qualifying drug; and
b: may—
i: define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:
ii: provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.
5: In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
a: appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
b: is printed out by the device on a card or on paper; or
c: appears on printed matter that—
i: accompanies the device; and
ii: is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
iii: is issued by or on behalf of the manufacturer.
6: In this section, specified qualifying drug
7: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71G inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022 Enforcement procedures involving taking of blood specimens Heading inserted 11 March 2023 section 21 Land Transport (Drug Driving) Amendment Act 2022
72: Who must give blood specimen at places other than hospital or
medical centre
1: A person must permit a health practitioner
a: the person fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 69
b: the person has undergone an evidential breath test under section 69(4)
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)﻿(a)
c: an evidential breath testing device is not readily available at the place to which the person has accompanied an enforcement officer under section 69
d: the officer has arrested the person under section 120(1) sections 56 to 62
i: a health practitioner
ii: the person has refused to be examined by a health practitioner ; or
e: the person fails or refuses to undergo without delay an oral fluid test after having been required to do so by an enforcement officer under any of sections 71A to 71C
f: the person has undergone a second oral fluid test under section 71B
i: it appears to the officer that the test is positive; and
ii: within 10 minutes of being advised by an enforcement officer of the matters specified in section 77A(3)﻿(a)
g: the person has undergone 2 oral fluid tests under any of sections 71A to 71C section 71E(1)﻿(b) or (2)
h: the person fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F
1AA: Subsection (1)﻿(b) does not apply in the case of a person (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) if the result of the evidential breath test under section 69(4)
1A: Subsection (1)﻿(h)
1B: Subsection (1)﻿(h) section 68 section 69 sections 71A to 71C
1C: An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 section 69 sections 71A to 71C
1D: An enforcement officer who advises a person of the matters specified in section 77(3)﻿(a)
1E: An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1) (c) or (d)
1F: An enforcement officer who requires a person to permit the taking of a blood specimen under subsection (1)﻿(e), (f), (g), or (h) must advise the person, without delay, that the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1) 57B(1) 57C(1)
2: A person who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a health practitioner
3: If it is not practicable for a blood specimen to be taken from a person by a health practitioner health practitioner
4: If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure
a: the person from whom the specimen was taken must permit a health practitioner to do so health practitioner
b: a further blood specimen so taken is to be treated as part of the original blood specimen taken from the person.
5: An enforcement officer may arrest a person without warrant if the person—
a: fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or
b: having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a health practitioner 1962 No 135 s 58C Section 72 heading amended 7 November 2018 section 11(1) Land Transport Amendment Act 2016 Section 72(1) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)﻿(b) amended 29 December 2001 section 7 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 72(1)﻿(d)﻿(i) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1)﻿(d)﻿(i) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)﻿(d)﻿(ii) amended 7 November 2018 section 11(2) Land Transport Amendment Act 2016 Section 72(1)﻿(d)﻿(ii) amended 1 November 2009 section 16(1) Land Transport Amendment Act 2009 Section 72(1)﻿(d)﻿(ii) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)﻿(e) replaced 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)﻿(f) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)﻿(g) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1)﻿(h) inserted 11 March 2023 section 22(1) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1AA) inserted 1 December 2014 section 11(1) Land Transport Amendment Act (No 2) 2014 Section 72(1A) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1A) amended 11 March 2023 section 22(2) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1B) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1B) amended 11 March 2023 section 22(2) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1B) amended 11 March 2023 section 22(3) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1C) inserted 1 November 2009 section 16(2) Land Transport Amendment Act 2009 Section 72(1C) amended 11 March 2023 section 22(3) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1D) inserted 1 December 2014 section 11(2) Land Transport Amendment Act (No 2) 2014 Section 72(1E) inserted 1 December 2014 section 11(2) Land Transport Amendment Act (No 2) 2014 Section 72(1E) amended 11 March 2023 section 22(4) Land Transport (Drug Driving) Amendment Act 2022 Section 72(1F) inserted 11 March 2023 section 22(5) Land Transport (Drug Driving) Amendment Act 2022 Section 72(2) amended 7 November 2018 section 11(3) Land Transport Amendment Act 2016 Section 72(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(3) amended 7 November 2018 section 11(4) Land Transport Amendment Act 2016 Section 72(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(4) amended 5 November 2011 section 33(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 72(4)﻿(a) amended 7 November 2018 section 11(5) Land Transport Amendment Act 2016 Section 72(4)﻿(a) amended 5 November 2011 section 33(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 72(4)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(5)﻿(b) amended 7 November 2018 section 11(6) Land Transport Amendment Act 2016 Section 72(5)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
73: Who must give blood specimen in hospital or
medical centre
1: A person who is under examination, care, or treatment in a hospital or medical centre
a: the health practitioner
b: another health practitioner
2: If a person under examination, care, or treatment in a hospital or medical centre
a: the health practitioner
b: another health practitioner
3: The health practitioner medical centre
a: may take a blood specimen or health practitioner
b: must either take a blood specimen or cause a blood specimen to be taken by another health practitioner whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.
4: If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure health practitioner health practitioner
5: Despite subsection (3) health practitioner
a: has reasonable grounds to suspect that the person is in the hospital or medical centre
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
b: has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
c: tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.
6: If a blood specimen is taken under this section from a person who is unconscious, the health practitioner
7: No civil or criminal proceedings may be taken against the Crown, Health New Zealand laboratory
8: Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen. 1962 No 135 s 58D Section 73 heading amended 7 November 2018 section 12(1) Land Transport Amendment Act 2016 Section 73(1) amended 7 November 2018 section 12(2)﻿(a) Land Transport Amendment Act 2016 Section 73(1)﻿(a) amended 7 November 2018 section 12(2)﻿(b) Land Transport Amendment Act 2016 Section 73(1)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(1)﻿(b) amended 7 November 2018 section 12(2)﻿(b) Land Transport Amendment Act 2016 Section 73(1)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(2) amended 7 November 2018 section 12(3)﻿(a) Land Transport Amendment Act 2016 Section 73(2)﻿(a) amended 7 November 2018 section 12(3)﻿(b) Land Transport Amendment Act 2016 Section 73(2)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(2)﻿(b) amended 7 November 2018 section 12(3)﻿(b) Land Transport Amendment Act 2016 Section 73(2)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3) amended 7 November 2018 section 12(4)﻿(a) Land Transport Amendment Act 2016 Section 73(3) amended 7 November 2018 section 12(4)﻿(b) Land Transport Amendment Act 2016 Section 73(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3)﻿(a) amended 7 November 2018 section 12(4)﻿(a) Land Transport Amendment Act 2016 Section 73(3)﻿(a) amended 5 November 2011 section 34(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(3)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(3)﻿(b) amended 7 November 2018 section 12(4)﻿(a) Land Transport Amendment Act 2016 Section 73(3)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(4) amended 7 November 2018 section 12(5) Land Transport Amendment Act 2016 Section 73(4) amended 5 November 2011 section 34(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(5) amended 7 November 2018 section 12(6) Land Transport Amendment Act 2016 Section 73(5) amended 5 November 2011 section 34(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(5) amended 22 June 2005 section 37(a) Land Transport Amendment Act 2005 Section 73(5) amended 22 June 2005 section 37(b) Land Transport Amendment Act 2005 Section 73(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 73(5)﻿(a) substituted 1 November 2009 section 17 Land Transport Amendment Act 2009 Section 73(5)﻿(a) amended 7 November 2018 section 12(7) Land Transport Amendment Act 2016 Section 73(6) amended 7 November 2018 section 12(8) Land Transport Amendment Act 2016 Section 73(7) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 73(7) amended 5 November 2011 section 34(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 73(7) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000
73A: Purposes for which blood specimen taken under section 72 or 73 may be used as evidence
1: Evidence of alcohol or evidence of use of any 1 or more qualifying drugs in a blood specimen taken under section 72 73 see also sections 77(2) 77A(1)
2: Neither of the following may be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975
a: a positive result of an oral fluid test taken under any of sections 71A to 71C
b: a blood specimen taken under section 72 73 Section 73A replaced 11 March 2023 section 23 Land Transport (Drug Driving) Amendment Act 2022
74: Procedure for dealing with blood specimens
1: A blood specimen taken under section 72 73
2:
3: In the case of a blood specimen taken under section 72 the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
4: In the case of a blood specimen taken under section 73 health practitioner
a: within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure
b: if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give
i: identifying the approved laboratory to whom the blood specimen was (or is being) delivered or posted; and
ii: naming the person from whom the blood specimen was taken.
5: If a person from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—
a: the person (or the person's solicitor or counsel) may apply to the Commissioner in accordance with subsection (7); and
b: if the application complies with subsection (7),—
i: the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory
ii: that laboratory must send by
6: If an application under subsection (5) does not comply with subsection (7), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory
7: An application under subsection (5)﻿(a) must—
a: be made in writing to the Commissioner not later than 28 days after—
i: the date on which a summons in respect of an offence against this Act (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
ii: if the defendant is arrested under a warrant under section 34
iia: in the case of an infringement offence, the date on which the defendant is served with an infringement notice in respect of the infringement offence; or
iii: in any case to which subparagraph (i), (ii), or (iia) does not apply, the date on which the defendant is first charged in court with any such offence; and
b: state the full name and address and the occupation of the person and the date of the alleged offence; and
c: identify the private analyst to whom the
8: A blood specimen sent to an approved laboratory 1962 No 135 s 58F Section 74(1) substituted 5 November 2011 section 35(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(2) repealed 5 November 2011 section 35(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(3) amended 30 November 2022 section 65(1) Statutes Amendment Act 2022 Section 74(3) amended 5 November 2011 section 35(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4) amended 7 November 2018 section 13 Land Transport Amendment Act 2016 Section 74(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 74(4)﻿(a) amended 30 November 2022 section 65(2) Statutes Amendment Act 2022 Section 74(4)﻿(a) amended 5 November 2011 section 35(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4)﻿(b) amended 5 November 2011 section 35(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(4)﻿(b)﻿(i) substituted 5 November 2011 section 35(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)﻿(b)﻿(i) amended 5 November 2011 section 35(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)﻿(b)﻿(ii) substituted 5 November 2011 section 35(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(5)﻿(b)﻿(ii) amended 30 November 2022 section 65(3) Statutes Amendment Act 2022 Section 74(6) amended 5 November 2011 section 35(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 74(7)﻿(a)﻿(ii) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(7)﻿(a)﻿(iia) inserted 1 December 2014 section 12 Land Transport Amendment Act (No 2) 2014 Section 74(7)﻿(a)﻿(iii) replaced 1 December 2014 section 12 Land Transport Amendment Act (No 2) 2014 Section 74(7)﻿(c) amended 26 March 2015 section 4 Land Transport Amendment Act 2015 Section 74(8) amended 5 November 2011 section 35(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Evidential provisions
75: Certificates in blood-alcohol
and drug-driving
1: Except as provided in section 79
2: This section applies to a certificate purporting to be signed by a health practitioner
a: a specimen of venous blood was taken by the practitioner or medical officer in accordance with the blood specimen collecting procedure specified in the certificate from a person named in the certificate; and
b: for the purposes of the specified blood specimen collecting procedure,—
i: the specimen was sufficient; or
ii: the specimen was insufficient and the practitioner or medical officer took a further specimen; and
c: in accordance with the specified blood specimen collecting procedure, the practitioner or medical officer kept the specimen in the appropriate container or containers (as applicable); and
d: each such container was received by the practitioner or medical officer in a sealed blood specimen collecting kit; and
e: the practitioner or medical officer handed each such container to an enforcement officer named in the certificate.
3: This section also applies to a certificate purporting to be signed by a health practitioner
a: the person named in the certificate was in a hospital or medical centre
b: the practitioner, being a health practitioner health practitioner section 73
c: the practitioner has reasonable grounds to suspect that the person is in the hospital or medical centre
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
d: before taking the blood specimen or causing the blood specimen to be taken from the person, the practitioner examined the person and was satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
e: the practitioner either—
i: told the person that the blood specimen was being or had been taken under section 73
ii: if the person was unconscious when the specimen was taken, notified the person in writing as soon as practicable that the blood specimen was taken under section 73
4: This section also applies to a certificate purporting to be signed by a health practitioner
a: all the matters referred to in paragraphs (a) to (d) of subsection (2); and
b: that the practitioner or medical officer sent or caused to be sent by the specimen to a specified approved laboratory section 74
c: that, if at the time the blood specimen was taken more than 1 approved laboratory exists, the practitioner or medical officer has notified the Commissioner in writing of the approved laboratory to which the specimen was delivered or posted.
5: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that—
a: a blood specimen in a sealed container
b: on analysis of the blood specimen by an analyst specified in the certificate, the presence or
c: no such deterioration or congealing was found as would prevent a proper analysis.
6: This section also applies to a certificate purporting to be signed by an approved analyst and certifying that, following an application under section 74
7: For the purposes of this section, it is not necessary for the person making a certificate to specify his or her entitlement to give the certificate if the certificate indicates that the person belongs to the general category of persons who may make such a certificate. 1962 No 135 s 58G Section 75 heading amended 11 March 2023 section 24 Land Transport (Drug Driving) Amendment Act 2022 Section 75(2) substituted 5 November 2011 section 36(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(2) amended 7 November 2018 section 14(1) Land Transport Amendment Act 2016 Section 75(3) amended 7 November 2018 section 14(2)﻿(a) Land Transport Amendment Act 2016 Section 75(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(3)﻿(a) amended 7 November 2018 section 14(2)﻿(b) Land Transport Amendment Act 2016 Section 75(3)﻿(b) amended 7 November 2018 section 14(2)﻿(a) Land Transport Amendment Act 2016 Section 75(3)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(3)﻿(c) substituted 5 November 2011 section 36(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(3)﻿(c) amended 7 November 2018 section 14(2)﻿(b) Land Transport Amendment Act 2016 Section 75(4) amended 7 November 2018 section 14(3) Land Transport Amendment Act 2016 Section 75(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(4)﻿(b) amended 30 November 2022 section 66(1) Statutes Amendment Act 2022 Section 75(4)﻿(b) amended 5 November 2011 section 36(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(4)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 75(4)﻿(c) substituted 5 November 2011 section 36(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(5)﻿(a) amended 30 November 2022 section 66(2) Statutes Amendment Act 2022 Section 75(5)﻿(a) amended 5 November 2011 section 36(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 75(5)﻿(b) amended 1 November 2009 section 19 Land Transport Amendment Act 2009 Section 75(6) amended 30 November 2022 section 66(3) Statutes Amendment Act 2022 Section 75(6) amended 5 November 2011 section 36(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011
75A: Certificates of compliance for evidential breath-testing devices
1: An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.
2: At any trial
3: Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.
4: In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—
a: must be treated as such a certificate or certified copy; and
b: is conclusive evidence of the sufficiency of the authority of the person who signed the document.
5: After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice
6: Without limiting subsection (5),—
a: in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5) must be given in conjunction with the notice approving that kind of device:
b: a notice under subsection (5) must specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
c: a notice under subsection (5) must specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
d: a notice under subsection (5) must require a certificate of compliance to include a statement to the effect that the device is being maintained within the manufacturer's specifications.
7: A notice under subsection (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 75A inserted 29 December 2001 section 8 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 75A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 75A(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 75A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
76: Presumptions relating to blood specimens
1: In proceedings for an offence against this Act it is to be presumed, in the absence of proof to the contrary, that,—
a: if a certificate referred to in section 75
b: every approved analyst who signed a certificate referred to in section 75(5) was duly authorised to sign it:
c: if the container health practitioner container
2: On the request of a person from whom a blood specimen has been taken under section 72 section 73 1962 No 135 s 58G Section 76(1)﻿(c) amended 7 November 2018 section 15 Land Transport Amendment Act 2016 Section 76(1)﻿(c) amended 5 November 2011 section 37 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 76(1)﻿(c) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
77: Presumptions relating to alcohol-testing
1: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which an evidential breath test was undergone by the defendant, it is to be conclusively presumed that the proportion of alcohol in the defendant's breath at the time of the alleged offence was the same as the proportion of alcohol in the defendant's breath indicated by the test.
2: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 section 73
3: Except as provided in subsections (3B) and (4), the result of a positive evidential breath test is not admissible in evidence in proceedings for an offence against any of sections 56 to 62
a: the person who underwent the test is not advised by an enforcement officer, without delay after the result of the test is ascertained,—
i: that the test was positive; and
ii: of the consequences specified in subsection (3A), so far as applicable, if he or she does not request a blood test within 10 minutes; or
b: the person who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and
ii: complies with section 72(2)
3A: The consequences referred to in subsection (3)﻿(a)﻿(ii) are—
a: that the positive test could of itself be conclusive evidence to lead to that person's conviction for an offence against this Act if—
i: the test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
ii: the person is younger than 20 and the proportion of alcohol in the person's breath exceeds 150 micrograms of alcohol per litre of breath; or
iii: the person holds an alcohol interlock licence or a zero alcohol licence:
b: that the positive test could of itself be conclusive evidence that the person has committed an infringement offence against this Act if the person is younger than 20 and the test indicates that the person's breath contains alcohol but the proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.
3B: Subsection (3) does not apply if the result of a positive evidential breath test indicates that the proportion of alcohol in a person's breath (other than a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence) exceeds 250 micrograms of alcohol per litre of breath, but does not exceed 400 micrograms of alcohol per litre of breath.
4: Subsection (3)﻿(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.
5:
6: If it is proved in proceedings for an offence against section 60 section 13 1962 No 135 s 58(4), (5), (6) Section 77(3) replaced 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(3A) inserted 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(3B) inserted 1 December 2014 section 13 Land Transport Amendment Act (No 2) 2014 Section 77(5) repealed 29 December 2001 section 9(2) Land Transport (Road Safety Enforcement) Amendment Act 2001
77A: Presumptions relating to drug testing
1: For the purposes of proceedings for an offence against this Act arising out of the circumstances in respect of which a blood specimen was taken from the defendant under section 72 73
2: For the purposes of proceedings for an infringement offence against section 57A(3) 57B(3) 57C(3)
3: However, except as provided in subsection (4), the positive results of a first oral fluid test and a second oral fluid test are not admissible in evidence in proceedings for an infringement offence against section 57A(3) 57B(3) 57C(3)
a: the person who underwent the tests is not advised by an enforcement officer, without delay after the result of the second oral fluid test is ascertained,—
i: that the second oral fluid test was positive; and
ii: that the person will be presumed to have committed an infringement offence against this Act if the person does not request a blood test within 10 minutes; or
b: the person who underwent the test—
i: advises an enforcement officer, within 10 minutes of being advised of the matters specified in paragraph (a), that the person wishes to undergo a blood test; and
ii: complies with section 72(2)
4: Subsection (3)﻿(a) does not apply if the person who underwent the test fails or refuses to remain at the place where the person underwent the test until the person can be advised of the result of the test.
5: The result of an oral fluid test is not admissible in evidence in proceedings for any offence against this Act other than an offence under section 57A(3) 57B(3) 57C(3)
6: If it is proved in proceedings for an offence against section 60 section 13 Section 77A inserted 11 March 2023 section 25 Land Transport (Drug Driving) Amendment Act 2022
78: Presumptions as to age of driver
If a certificate referred to in section 143 1962 No 135 s 58G(5)
79: Circumstances in which certificate not admissible in proceedings
1: No certificate referred to in subsection (2) or subsection (3) or subsection (4) of section 75 health practitioner health practitioner
2: No certificate referred to in section 75(5) presence or
a: application has been made in accordance with section 74
b: but this subsection does not apply in respect of a specimen destroyed under the authority of section 74(8)
3: No certificate referred to in subsection (5) or subsection (6) of section 75 presence or
a: in the case of a certificate referred to in that subsection (5), the person who made the analysis or the approved analyst who gave the certificate ought to appear as a witness at the hearing; or
b: in the case of a certificate referred to in that subsection (6), the person who posted or delivered
4: The court may not make an order under subsection (3) unless the application made by the defendant under that subsection is accompanied by an affidavit, sworn by the private analyst who is specified in the defendant's application under section 74
a: since the date given to the private analyst as the date on which application was made under section 74
b: the blood specimen received by the private analyst relating to the defendant—
i: was not suitable for analysis; or
ii: was suitable for analysis but, for specified reasons, that analysis was not carried out; or
iii: was suitable for analysis and that analysis was carried out but, for specified reasons, the results of the analysis are not available; or
c: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain, in the case of a certificate that certified the presence of or a specified proportion of alcohol,—
i: in the case of a defendant who (at the time of the commission of the offence) was younger than 20 or held an alcohol interlock licence or a zero alcohol licence, no alcohol; or
ii: in any other case, not more than 50 milligrams of alcohol per 100 millilitres of blood; or
d: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain, in the case of a certificate that certified the presence of or a specified proportion of alcohol, 20 milligrams or more of alcohol per 100 millilitres of blood more or less than the proportion of alcohol per 100 millilitres of blood specified in the certificate referred to in section 75(5)
e: the blood specimen received by the private analyst relating to the defendant has been analysed and found to contain,—
i: if a certificate certified that there is evidence of use of a listed qualifying drug, a blood concentration level equal to or less than the tolerance level for the drug; or
ii: if a certificate certified that there is evidence of use of an unlisted qualifying drug, no presence of the qualifying drug.
5: Where a blood specimen is destroyed in accordance with section 74(8) 1962 No 135 s 58H Section 79(1) amended 7 November 2018 section 16 Land Transport Amendment Act 2016 Section 79(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 79(2) amended 1 November 2009 section 20(1) Land Transport Amendment Act 2009 Section 79(2)﻿(a) amended 5 November 2011 section 39(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(2)﻿(b) amended 5 November 2011 section 39(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(3) amended 5 November 2011 section 39(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(3) amended 1 November 2009 section 20(2) Land Transport Amendment Act 2009 Section 79(3)﻿(b) amended 5 November 2011 section 39(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79(4)﻿(c) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022 Section 79(4)﻿(d) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022 Section 79(4)﻿(e) replaced 11 March 2023 section 26 Land Transport (Drug Driving) Amendment Act 2022
6A: Offences relating to transport services and penalties
Part 6A inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79A: Offence to carry on transport service without licence
1: A person commits an offence if the person carries on (or, in relation to a small passenger service operator, facilitates) any transport service without the appropriate current licence.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
3: A person who is convicted of a second or subsequent offence against subsection (1) is liable on transport service vehicle Director
4: Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.
5: Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.
6: A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
7: The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.
8: The Director Director the Director 1989 No 74 s 5(2), (5), (6) Section 79A inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79A(1) replaced 1 October 2017 section 79(1) Land Transport Amendment Act 2017 Section 79A(3) amended 1 April 2021 section 64(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 79A(3) amended 1 October 2017 section 79(2) Land Transport Amendment Act 2017 Section 79A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 79A(8) amended 1 April 2021 section 64(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 79A(8) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
79AB: Offence to drive vehicle used in transport service without licence
1: A transport service driver commits an offence if the driver uses a vehicle in a transport service and there is no relevant transport service licence held by any of the following:
a: the driver:
b: a transport service operator on whose behalf the driver is driving:
c: a facilitator who facilitated the driver to connect with passengers of the service.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. Section 79AB inserted 1 October 2017 section 80 Land Transport Amendment Act 2017
79B: Provision of incorrect information
A licence holder or person having control of a transport service who notifies the Director 1989 No 74 s 18(6) Section 79B inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79B amended 1 April 2021 section 65 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79B amended 1 July 2013 section 413 Criminal Procedure Act 2011
79C: Failure to present vehicle for inspection
1: A transport service licence holder commits an offence if the holder fails to present a transport service vehicle used in the service for inspection when required to do so by the Director
1A: A driver of a small passenger service vehicle commits an offence if the driver fails to present the vehicle for inspection when required to do so by the Director
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. Section 79C inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79C(1) replaced 1 October 2017 section 81 Land Transport Amendment Act 2017 Section 79C(1) amended 1 April 2021 section 66 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79C(1A) inserted 1 October 2017 section 81 Land Transport Amendment Act 2017 Section 79C(1A) amended 1 April 2021 section 66 Land Transport (NZTA) Legislation Amendment Act 2020
79D: Contravention of section 30K
1: A person commits an offence if the person applies for a transport service licence while disqualified from holding or obtaining a transport service licence.
2: If a person is convicted of an offence against subsection (1),—
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the court must order the person to be disqualified from holding or obtaining a transport service licence for 6 months or more.
3: The imposition of a mandatory disqualification under this section is subject, with all necessary modifications, to the criteria specified in section 81 Section 79D inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79E: Liability of persons who use unlicensed transport service
1: A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—
a: the operator of the transport service did not hold an appropriate transport service licence; or
b: the operator of the transport service was disqualified from holding or obtaining a transport service licence; or
c: the transport service licence of the operator was suspended or revoked.
1A: Subsection (1) does not apply to an enforcement officer acting in the performance or intended performance of the officer’s official duties as an employee or agent of the Agency.
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000. Section 79E inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79E(1A) inserted 1 October 2017 section 82 Land Transport Amendment Act 2017
79F: Contravention of section 30M
1: A person who holds a goods service licence commits an offence if the person fails to comply with or contravenes any condition imposed in respect of the holder's licence under section 30M
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000. 1989 No 74 s 8(4) Section 79F inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79G: Contravention of section 87G
1: A person commits an offence if the person, having been prohibited under section 87G(1)﻿(b)
2: A person commits an offence if the person, having been prohibited under section 87G(1)﻿(c)
3: The maximum penalty on conviction for an offence against subsections (1) and (2) is a fine not exceeding $2,000 and disqualification from holding or obtaining a driver licence for such period (if any) as the court thinks fit.
4: A person commits an offence if the person applies for or obtains a driver licence, other than a driver licence that relates principally to the use of private motor vehicles, while the person is disqualified under section 87G(1)﻿(a)
5: The maximum penalty on conviction for an offence against subsection (4) is a fine not exceeding $500. 1989 No 74 s 17(3)–(5) Section 79G inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79H: Contravention of section 128A
1: A person who holds a small passenger service licence section 128A
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1989 No 74 s 37(3) Section 79H inserted 1 October 2007 section 38 Land Transport Amendment Act 2005 Section 79H(1) amended 1 October 2017 section 83 Land Transport Amendment Act 2017
79HA: Failure to keep or produce records
1: A person commits an offence if the person fails or refuses to comply with any of the requirements of section 30Q
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $100,000. Section 79HA inserted 1 October 2017 section 84 Land Transport Amendment Act 2017
79I: Contravention of section 128B
1: A person who holds a vehicle recovery service licence or a driver of a vehicle recovery service vehicle commits an offence if the person or the driver acts in contravention of or fails to comply with any direction given by an enforcement officer under section 128B
2: The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000. 1989 No 74 s 38(3) Section 79I inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79J: Liability of employers and principal
If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—
a: the other person—
i: knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and
ii: failed to take the steps that were reasonably practicable to prevent the commission of the offence; and
b: the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence. 1989 No 74 s 5(3) Section 79J inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79K: Liability of directors of bodies corporate
If a body corporate is convicted of an offence against this Part, every director of the body corporate also commits the offence and is liable to the same penalty if it is proved that—
a: the act or omission that constituted the offence took place with his or her express or implied authority; and
b: he or she failed to take all reasonable steps to prevent or stop that act, or remedy that omission. 1989 No 74 s 5(4) Section 79K inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79L: Court may require convicted transport service licence holder to sit examination
The court may require a transport service licence holder to sit, or re-sit, the Certificate of Knowledge of Law and Practice examination if the transport service licence holder is convicted of—
a: an offence under this Part or any regulations pertaining to the operation of a licensed transport service; or
b: any other offence under this Act that is applicable to a vehicle used in a licensed transport service. Section 79L inserted 1 October 2007 section 38 Land Transport Amendment Act 2005
79M: Penalties for failure to pay service fares, etc
1: A person who fails to pay a passenger service fare that the person is liable to pay commits an infringement offence.
2: A person commits an infringement offence if, in relation to a public transport service fare that the person is liable to pay, the person—
a: fails to pay the fare; or
b: fails to provide (in response to an enforcement officer’s direction given in accordance with section 128F(1)
3: A person commits an offence if, in relation to a public transport service fare that the person is liable to pay, the person—
a: fails to provide (in response to an enforcement officer’s direction given in accordance with section 128F(2)﻿(a)
b: boards, or fails or refuses to disembark, the public transport service in contravention of an enforcement officer’s direction given in accordance with section 128F(2)﻿(b)
4: It is a defence to an offence against subsection (1) or (2)﻿(a) or (b) if a person made reasonable attempts to pay the fare and there were no available means of paying.
5: The maximum penalty on conviction for an offence against subsection (1) or (2)﻿(a) or (b) is a fine not exceeding $500.
6: The maximum penalty on conviction for an offence against subsection (3)﻿(a) or (b) is a fine not exceeding $1,000.
7: For the purposes of this section, public transport service section 5 Section 79M replaced 11 August 2017 section 37 Land Transport Amendment Act 2017
6B: Offences relating to work time and logbooks
Part 6B inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
1: Work time
Subpart 1 inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
79N: Failure to keep or produce records or comply with conditions of exemption or approval
Every person commits an offence who fails or refuses to comply with any of the requirements of section 30ZD section 30ZA(1)﻿(a) or (c)
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or such greater period as the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward; or
b: in any other case, to a fine not exceeding $100,000. 1962 No 135 s 70B(7) Section 79N inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79N(a) amended 7 August 2011 section 40(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79N(a)﻿(i) amended 7 August 2011 section 40(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79N(a)﻿(ii) amended 7 August 2011 section 40(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79O: Failure to comply with prescribed work time restrictions or rest time requirements
Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—
a: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes in a cumulative work day or less than 120 minutes in a cumulative work period
i: the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
A: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
B: is used in the relevant transport service ; or
C: is used to carry goods for hire or reward; or
ii: the person must complete a work time and log-book course approved by the Director
b: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward; or
c: in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is used to carry goods for hire or reward. Section 79O inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79O(a) amended 1 October 2007 section 7 Land Transport Amendment Act 2007 Section 79O(a)﻿(i) amended 7 August 2011 section 41(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)﻿(i)﻿(A) amended 7 August 2011 section 41(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)﻿(i)﻿(B) amended 7 August 2011 section 41(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(a)﻿(ii) amended 1 April 2021 section 67 Land Transport (NZTA) Legislation Amendment Act 2020 Section 79O(b) amended 7 August 2011 section 41(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(b)﻿(i) amended 7 August 2011 section 41(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(b)﻿(ii) amended 7 August 2011 section 41(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c) amended 7 August 2011 section 41(7) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c)﻿(i) amended 7 August 2011 section 41(8) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79O(c)﻿(ii) amended 7 August 2011 section 41(9) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79P: Defences to work time offences
1: It is a defence in any proceedings for an offence under this subpart if the defendant proves that the failure to comply with subpart 1
a: circumstances that could not reasonably have been foreseen by the defendant; or
b: an emergency.
2: For the purposes of subsection (1), emergency
a: a state of emergency declared under the Civil Defence Emergency Management Act 2002
b: an incident attended by an emergency service; or
c: an event requiring immediate action to save life or prevent serious injury.
3: It is not a defence in any proceedings for an offence against section 79O
4: It is not a defence in any proceedings for an offence against section 79O 1962 No 135 s 70B(8) Section 79P inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79P(3) added 7 August 2011 section 42 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79P(4) added 7 August 2011 section 42 Land Transport (Road Safety and Other Matters) Amendment Act 2011
79PA: Matters to be taken into account in imposing penalty for offence against section 79O
In determining the penalty to be imposed for an offence against section 79O
a: the cumulative effect of abbreviated, broken, or omitted periods of rest time:
b: the accumulated hours of work time:
c: the degree of risk to the public. Section 79PA inserted 7 August 2011 section 43 Land Transport (Road Safety and Other Matters) Amendment Act 2011
2: Logbooks
Subpart 2 inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
79Q: Failure to discharge duties regarding logbooks
Every person who fails or refuses to comply with any requirement of or demand made under section 30ZH
a: in the case of a driver, to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service; or
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70C(8) Section 79Q inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79Q(a) amended 7 August 2011 section 44(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79Q(a)﻿(i) amended 7 August 2011 section 44(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79Q(a)﻿(ii) amended 7 August 2011 section 44(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79R: Offences and proceedings concerning logbooks
1: Every person commits an offence who—
a: maintains a logbook under section 30ZF
b: makes or causes to be made any false statement in a logbook or allows any omission to occur in the logbook.
2: Every person commits an offence who, being the driver of a vehicle to which section 30ZF section 30ZG
a: on demand by an enforcement officer fails to produce without delay all logbooks that are so demanded; or
b: on demand by an enforcement officer produces any logbook that is false in a material particular, whether or not the driver knows of the falsehood; or
c: on demand by an enforcement officer produces any logbook—
i: that omits a material particular, whether or not the driver knows of the omission; or
ii: in which any material particular is entered illegibly or in such a manner that the matters specified in the rules cannot be readily ascertained.
3: Every person, not being the driver of the vehicle, commits an offence where the person requires, directs, or allows a vehicle to which section 30ZF section 30ZG
a: a logbook is not maintained in respect of the driving of that vehicle, whether or not the person knows that a logbook is not maintained; or
b: the logbook maintained in respect of the driving of that vehicle is false in a material particular, whether or not the person knows of the falsehood; or
c: the logbook maintained in respect of the driving of that vehicle omits a material particular, whether or not the person knows of the omission.
4: Every person who commits an offence against this section is liable on conviction,—
a: in the case of a driver to a fine not exceeding $2,000, and the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle
i: requires a class 2, 3, 4, or 5 licence (as specified in the rules) ; or
ii: is used in the relevant transport service ; or
iii: is—
A: a heavy motor vehicle; and
B: used to carry goods for hire or reward:
b: in any other case, to a fine not exceeding $25,000. 1962 No 135 s 70D(1)–(3), (10) Section 79R inserted 1 October 2007 section 39 Land Transport Amendment Act 2005 Section 79R(4)﻿(a) amended 7 August 2011 section 45(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79R(4)﻿(a)﻿(i) amended 7 August 2011 section 45(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 79R(4)﻿(a)﻿(ii) amended 7 August 2011 section 45(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
79S: Defences to logbook offences
1: It is a defence to a charge under section 79R(1)
2: In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1)
a: reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and
b: as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2)
3: Except as provided in subsection (4), subsection (2) does not apply unless within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (2); and
b: specifying the reasonable steps that the defendant will claim to have taken.
4: In any proceedings relating to a charge to which subsection (2) applies, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (2). 1962 No 135 s 70D(4)–(7) Section 79S inserted 1 October 2007 section 39 Land Transport Amendment Act 2005
6C: Offences relating to chain of responsibility
Part 6C inserted 1 October 2007 section 40 Land Transport Amendment Act 2005
79T: Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to—
a: exceed any applicable speed limit if that—
i: person knew, or should have known, that the speed limit would be, or would likely be, exceeded; and
ii: driver is a driver to whom subpart 1
b: exceed the maximum work time prescribed in this Act or the rules if that person knew, or should have known, that the maximum work time would be, or would likely be, exceeded; or
c: fail to comply with the rest time requirements prescribed in this Act or the rules if that person knew, or should have known, that the rest time requirements would not be, or would likely not be, complied with; or
d: fail to maintain a logbook in the prescribed manner if that person knew, or should have known, that the failure to maintain the logbook would contravene subpart 2 Section 79T inserted 1 October 2007 section 40 Land Transport Amendment Act 2005
79U: Offence to cause or require driver to breach maximum gross weight limits
Every person commits an offence, and is liable on conviction to a fine not exceeding $25,000, who, by act or omission, directly or indirectly causes or requires (whether or not the sole cause) a driver to operate a vehicle or combination of vehicles in breach of the applicable maximum gross weight limits for that vehicle or combination of vehicles if that person knew, or should have known, that the breach would, or would be likely to, occur. Section 79U inserted 22 June 2005 section 41 Land Transport Amendment Act 2005
79V: Search warrants in relation to offences against section 79T or 79U
1: An issuing officer (within the meaning of section 3 subpart 3
a: to suspect that an offence has been, is being, or will be committed against section 79T 79U
b: to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 119 Section 79V replaced 26 March 2015 section 5 Land Transport Amendment Act 2015
7: Disqualification, demerit points, licence suspension, and vehicle impoundment
Disqualification
80: General penalty of disqualification may be imposed if offence involves road safety
1: If a person is convicted of an offence against this Act, and the court is satisfied that the offence relates to road safety, the court may order that the person be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.
2: The power conferred by subsection (1) is in addition to, and does not limit, any other powers of the court. 1962 No 135 s 30(1)
81: Mandatory disqualification: court’s discretion if special reasons relating to offence
1: If any provision of this Act (other than section 63 or transport service licence
2: Nothing in any provision referred to in subsection (1) or in section 65 or transport service licence
3: This section is subject to section 94 (which allows a court to substitute disqualification with a community-based sentence) Section 81 heading replaced 1 July 2018 section 28(1) Land Transport Amendment Act 2017 Section 81(1) amended 1 October 2007 section 42(1) Land Transport Amendment Act 2005 Section 81(2) amended 1 October 2007 section 42(2)﻿(a) Land Transport Amendment Act 2005 Section 81(2) amended 1 October 2007 section 42(2)﻿(b) Land Transport Amendment Act 2005 Section 81(3) amended 1 July 2018 section 28(2) Land Transport Amendment Act 2017
82: Effect of disqualification
1: If a person is disqualified from holding or obtaining a driver licence, the licence is suspended while the disqualification continues in force.
2: If a person who holds a particular class of driver licence or a particular endorsement for a driver licence is disqualified from holding or obtaining a licence of that class or that endorsement, the authority conferred by that licence or endorsement is suspended while the disqualification continues in force. 1962 No 135 s 33(1)
82A: Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months
1: This section applies to a person if—
a: the person’s driver licence is suspended for any period (other than under section 95
b: the person’s disqualification does not exceed 12 months.
2: If this section applies, a person’s driver licence remains of no effect when the period of suspension or disqualification ends until—
a: the person applies to the Director
b: the Director Section 82A inserted 10 May 2011 section 48(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 82A(2)﻿(a) amended 1 April 2021 section 68 Land Transport (NZTA) Legislation Amendment Act 2020 Section 82A(2)﻿(b) amended 1 April 2021 section 68 Land Transport (NZTA) Legislation Amendment Act 2020
82B: Transitional provision concerning application of section 82A
To avoid doubt, section 82A Section 82B inserted 10 May 2011 section 48(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011
82C: Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence
1: This section applies to a person whose alcohol interlock licence or zero alcohol licence (as the case may be) has expired.
2: If this section applies, a person’s driver licence remains of no effect when the alcohol interlock licence or zero alcohol licence expires until—
a: the person applies to the Director
b: the Director Section 82C inserted 10 September 2012 section 48(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 82C(2)﻿(a) amended 1 April 2021 section 69 Land Transport (NZTA) Legislation Amendment Act 2020 Section 82C(2)﻿(b) amended 1 April 2021 section 69 Land Transport (NZTA) Legislation Amendment Act 2020
83: Holder to undergo
approved tests or courses
1: If a person is disqualified from holding or obtaining a driver licence for a period of more than 12 months or for 2 or more cumulative periods totalling more than 12 months,—
a: the licence continues to be of no effect after the disqualification ends until the person applies for the same class of licence and the person qualifies for the licence by any or all (as the case may be) of the following:
i: completing any courses approved by the Director
ii: passing the tests and examinations approved by the Director
b: the Director
1A: If a person to whom subsection (1) applies has passed the appropriate theory test, the Director
a: issue a new licence to that person with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules; or
b: endorse that person's existing licence with the supervisory condition (if any) applicable to a learner licence for that class of vehicle as specified in the rules.
2: Subsection (1) applies to a person who has been authorised to obtain a limited licence by an order of a court made under section 105 1962 No 135 s 33(2), (5) Section 83 heading amended 16 January 2006 section 43(1) Land Transport Amendment Act 2005 Section 83(1)﻿(a) substituted 16 January 2006 section 43(2) Land Transport Amendment Act 2005 Section 83(1)﻿(a)﻿(i) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)﻿(a)﻿(ii) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)﻿(b) amended 1 April 2021 section 70(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 83(1)﻿(b) amended 1 December 2009 section 19 Land Transport (Enforcement Powers) Amendment Act 2009 Section 83(1A) inserted 16 January 2006 section 43(3) Land Transport Amendment Act 2005 Section 83(1A) amended 1 April 2021 section 70(2) Land Transport (NZTA) Legislation Amendment Act 2020
84: New licence
1: This section applies if—
a: section 82A 83(1)
b: the person—
i: applies for a class of licence that the person held immediately before that person was disqualified; and
ii: qualifies for that class of licence by any or all of the following:
A: completing any courses approved by the Director
B: passing the tests and examinations approved by the Director
2: If this section applies, then the Director
3: A class of licence to drive a motorcycle does not entitle a person to drive a motor vehicle other than a motor vehicle authorised by that class of licence. Section 84 heading amended 10 May 2011 section 49(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84 substituted 16 January 2006 section 44 Land Transport Amendment Act 2005 Section 84(1)﻿(a) amended 10 May 2011 section 49(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84(1)﻿(b)﻿(ii)﻿(A) amended 1 April 2021 section 71(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 84(1)﻿(b)﻿(ii)﻿(B) amended 1 April 2021 section 71(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 84(2) substituted 10 May 2011 section 49(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 84(2) amended 1 April 2021 section 71(2) Land Transport (NZTA) Legislation Amendment Act 2020
85: When disqualification starts
1: If an order is made by a court under any Act disqualifying a person from holding or obtaining a driver licence, the period of disqualification starts on the day the order is made unless the court otherwise directs or that Act otherwise provides.
2: The person disqualified does not commit the offence of driving while disqualified contrary to section 32(1)﻿(a)
3: In the case of a person who is at the time of the order already disqualified from holding or obtaining a driver licence, the period of disqualification ordered starts when the order or the last of the orders to which the person is already subject ceases to have effect. 1962 No 135 s 36
86: Term of disqualification if person already disqualified
1: If—
a: a person is convicted of an offence that renders the person liable to be disqualified from holding or obtaining a driver licence; and
b: at the time of the commission of the offence, the person was already disqualified or was the holder of a limited licence issued under section 105 the court must order the person to be disqualified from holding or obtaining a driver licence for a period of 6 months, unless the court for special reasons relating to the offence thinks fit to order otherwise or the court makes an order under section 94
1A: Subsection (1) does not apply if an alcohol interlock sentence is ordered under section 65AC(1)
2: Nothing in subsection (1) restricts the power of the court to impose any other penalty specified for the offence, and the imposition of a penalty under that subsection does not limit or affect any duty or power of the court to order a longer period of disqualification. 1962 No 135 s 31 Section 86(1A) inserted 1 July 2018 section 29 Land Transport Amendment Act 2017
87: Particulars of
certain court orders Director
1: This section applies to the following orders:
a: an order disqualifying a person from holding or obtaining a driver licence:
b: an order under section 65AC
c: an order authorising the person to apply for a zero alcohol licence under section 65AC(2)﻿(d) 65AI(c) 100B(2)﻿(b)
d: an order under section 99
e: an order under section 105
2: If a court makes an order to which this section applies, the Registrar of the court must notify the Director
3: A failure to comply with the notification requirements in subsection (1) does not affect the validity of the order concerned. Section 87 heading amended 1 April 2021 section 72(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87(1) replaced 10 September 2012 section 50(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87(1)﻿(b) amended 1 July 2018 section 30(1) Land Transport Amendment Act 2017 Section 87(1)﻿(c) replaced 1 July 2018 section 30(2) Land Transport Amendment Act 2017 Section 87(2) inserted 10 September 2012 section 50(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87(2) amended 1 April 2021 section 72(2) Land Transport (NZTA) Legislation Amendment Act 2020 Disqualification of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87A: Disqualification of transport service driver
If the Director subpart 2 Director 1989 No 74 s 15(1) Section 87A inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87A amended 1 April 2021 section 73 Land Transport (NZTA) Legislation Amendment Act 2020
87B: Disqualification of holder of transport service licence from holding transport service licence
If the Director Director
a: holding or obtaining a transport service licence:
b: having any form of control of a transport service. Section 87B inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87B amended 1 April 2021 section 74 Land Transport (NZTA) Legislation Amendment Act 2020 Section 87B amended 1 October 2017 section 85 Land Transport Amendment Act 2017
87C: Procedure for disqualifying person under section 87A or section 87B
Subpart 5 section 87A section 87B 1989 No 74 s 15(2) Section 87C inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Suspension of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87D: Immediate suspension of transport service driver and other persons in interests of public safety
1: If the circumstances described in subsection (2) apply, the Director immediately
a: driving any vehicle used in a transport service (other than a rental service) or a specified class of transport service:
b: being a driving instructor or testing officer, as the case may be.
2: The circumstances referred to in subsection (1) are—
a: the Director
i: the person concerned is not a fit and proper person within the meaning of subpart 2
ii: the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver, driving instructor, or testing officer, as the case may be; or
b: the person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver, or driving instructor, or testing officer, as the case may be.
3: In this section and sections 87E 87F driving instructor Part 5 testing officer Part 5 1989 No 74 s 16(1) Section 87D inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87D(1) amended 1 April 2021 section 75(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87D(1) amended 10 May 2011 section 51 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87D(2)﻿(a) amended 1 April 2021 section 75(2) Land Transport (NZTA) Legislation Amendment Act 2020
87E: Procedure for suspending persons under section 87D
1: If the Director section 87D
a: inform the person of the grounds of the suspension; and
b: advise the person that—
i: the suspension has effect from the day on which the notice was received by the person, or any later date that is specified in the notice; and
ii: the person may make submissions on the matter to the Director and that the person has a section 106
2: The Director Section 87E substituted 10 May 2011 section 52 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 87E(1) amended 1 April 2021 section 76(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87E(1)﻿(b)﻿(ii) amended 1 April 2021 section 76(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87E(2) amended 1 April 2021 section 76(3) Land Transport (NZTA) Legislation Amendment Act 2020
87F: Term of suspension
1: A suspension under section 87D Director
2: The Director section 87D
3: If any suspension has been imposed in respect of a person to whom section 87D(2)﻿(b)
a: the charge is withdrawn in circumstances where it is not replaced with another charge based on the same circumstances; or
b: the person is found not guilty of the offence charged. 1989 No 74 s 16(1), (3), (4) Section 87F inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87F(1) amended 1 April 2021 section 77 Land Transport (NZTA) Legislation Amendment Act 2020 Section 87F(2) amended 1 April 2021 section 77 Land Transport (NZTA) Legislation Amendment Act 2020 Effect of disqualification or suspension of transport service driver and other persons Heading inserted 1 October 2007 section 45 Land Transport Amendment Act 2005
87G: Effect of disqualification or suspension of transport service driver and other persons
1: If the Director section 87A section 87D Director
a: revoke or suspend any driver licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and
b: prohibit the person from driving any vehicle used in a transport service (other than a rental service vehicle) or a specified class of transport service, even though the person may obtain or continue to hold a driver licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a transport service vehicle; and
c: prohibit the person from carrying out duties or activities as a driving instructor or testing officer.
2: Nothing in this section or in any of sections 87A to 87F Director 1989 No 74 s 17(1), (2) Section 87G inserted 1 October 2007 section 45 Land Transport Amendment Act 2005 Section 87G(1) amended 1 April 2021 section 78(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 87G(2) amended 1 April 2021 section 78(2) Land Transport (NZTA) Legislation Amendment Act 2020 Demerit points system
88: Demerit points to be recorded by
Director
1: If a person is convicted of an offence (other than an offence detected by approved vehicle surveillance equipment) concerning the driving of a motor vehicle, the Director demerit points
2: The Registrar of the court must send to the Director
3: If a person is convicted of 2 or more offences arising out of the same set of circumstances,—
a: demerit points must be recorded in relation to 1 offence only; and
b: if those offences do not carry the same number of points, points must be recorded for the offence or one of the offences that carries the greatest number of points.
4: Demerit points recorded under subsection (1) have effect on and from the date of the commission of the offence for which the points are recorded.
5: For the purposes of subsections (1) and (4), the provisions of subsection (6) apply to an infringement offence in respect of which—
a: an infringement fee is paid to the enforcement authority, at the address for payment specified in the infringement notice, before a reminder notice is served or within 43 days after service of such a reminder notice; or
b: the enforcement authority enters into an arrangement to pay under section 21(3A)
6: The provisions referred to in subsection (5) are as follows:
a: the date on which the infringement notice was issued is to be treated as the date on which the offence was committed; and
b: a 1962 No 135 ss 42A(10) 44 Section 88 heading amended 1 April 2021 section 79(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(1) amended 1 April 2021 section 79(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(2) amended 1 April 2021 section 79(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 88(5) substituted 23 July 2011 section 6 Land Transport Amendment Act 2011 Section 88(6) added 23 July 2011 section 6 Land Transport Amendment Act 2011 Section 88(6)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
89: Notice of demerit points
1: If 50 or more demerit points have been recorded against a person, the Director
a: the number of demerit points recorded against that person; and
b: the consequences of further demerit points being recorded against that person.
2: No suspension imposed under section 90
a: a notice under subsection (1) was not given to that person or was given to that person after the imposition of that suspension or disqualification; or
b: a notice given under that subsection was not received by that person or was received by that person after the imposition of that suspension or disqualification.
3: If a notice given under subsection (1) is sent by ordinary post addressed to the defendant at the defendant's last known place of residence or business or postal address, then, unless the contrary is shown, the notice is served when the notice would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the notice was properly addressed and posted. 1962 No 135 s 47 Section 89(1) amended 1 April 2021 section 80 Land Transport (NZTA) Legislation Amendment Act 2020
90: Suspension of licence or disqualification from driving under demerit points system
1: If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Director
a: the person has accumulated 100 or more demerit points; and
b: the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.
1A: An enforcement officer may also give a notice described in subsection (1) in the circumstances described in that subsection (whether or not the person has received a notice from the Director
2: The notice given under subsection (1) or (1A) served, including at the roadside,
a: the Director
b: a person approved for the purpose by the Director
c: an enforcement officer.
3: If the person holds a current driver licence, the effect of a notice given under subsection (1) or (1A)
a: is suspended for a period of 3 months
b: remains of no effect when the period of suspension ends until the person applies to the Director Director
4: A person whose driver licence has been suspended under subsection (3) may not hold or obtain a driver licence while the suspension is in force.
5: If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months
6: A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person. Section 90 substituted 10 May 2011 section 53(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 90(1) amended 1 April 2021 section 81(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(1A) inserted 11 August 2017 section 91(1) Land Transport Amendment Act 2017 Section 90(1A) amended 1 April 2021 section 81(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(2) amended 11 August 2017 section 91(2)﻿(a) Land Transport Amendment Act 2017 Section 90(2) amended 11 August 2017 section 91(2)﻿(b) Land Transport Amendment Act 2017 Section 90(2)﻿(a) amended 1 April 2021 section 81(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(2)﻿(b) amended 1 April 2021 section 81(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(3) amended 11 August 2017 section 91(3) Land Transport Amendment Act 2017 Section 90(3)﻿(a) amended 11 August 2017 section 91(4) Land Transport Amendment Act 2017 Section 90(3)﻿(b) amended 1 April 2021 section 81(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 90(5) amended 11 August 2017 section 91(4) Land Transport Amendment Act 2017
91: Cancellation and reinstatement of demerit points
1: When 2 years have elapsed since the commission of an offence in respect of which demerit points were recorded, the entry of the points made in respect of that offence ceases to have effect in relation to the person who committed that offence; but if demerit points were recorded in respect of 2 or more offences committed by that person, the entry ceases to have effect when 2 years have elapsed since the commission of the most recent of those offences.
2: If a suspension under section 90 Director
3: The Director
4: If a person's suspension or disqualification is removed on appeal, the Director 1962 No 135 s 46 Section 91(2) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Section 91(3) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Section 91(4) amended 1 April 2021 section 82 Land Transport (NZTA) Legislation Amendment Act 2020 Driver licence stop orders Heading inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91A: Interpretation
In this section and in sections 91C to 91H defendant Oranga Tamariki Act 1989 resolved section 79 served personally section 91B(1)﻿(a) traffic fine
a: means any amount of money that a person is for the time being obliged to pay under a sentence imposed or an order made, or deemed to be made, by a court in respect of a traffic offence, whether the amount payable under that sentence or order is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
b: includes an offender levy imposed under section 105B
c: does not include any amount of money adjudged or ordered to be paid in a civil proceeding traffic offence
a: any offence against this Act, the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 the Road User Charges Act 1977 Road User Charges Act 2012 Land Transport Management Act 2003 secondary legislation (including bylaws)
b: any offence against any secondary legislation (including bylaws) warning notice section 91D Section 91A inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91A defendant amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 91A traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 91A traffic offence amended 26 March 2015 section 6 Land Transport Amendment Act 2015 Section 91A traffic offence amended 28 October 2021 section 3 Secondary Legislation Act 2021
91B: Ways in which warning notice or driver licence stop order
or details of related fines
1: A warning notice or a driver licence stop order , or notice of details of the fines to which that order relates,
a: by an employee or agent of the Ministry of Justice or an enforcement officer delivering it to the defendant personally or bringing it to the defendant's notice if the defendant refuses to accept it:
b: by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at his or her place of residence, with another person who appears to be of or over the age of 14 years:
c: by an employee or agent of the Ministry of Justice or an enforcement officer leaving it for the defendant, at the defendant’s place of business or place of work, with another person:
d: by the chief executive of the Ministry of Justice sending it to the defendant by prepaid post addressed to the defendant at the defendant's last known place of residence or business or place of work:
e: if the defendant has a known electronic address, by the chief executive of the Ministry of Justice sending it to the defendant at that address in electronic form.
2: An endorsement on a copy of a warning notice or a driver licence stop order , or notice of details of the fines to which that order relates
3: If a warning notice or driver licence stop order , or notice of details of the fines to which that order relates,
4: If a warning notice or driver licence stop order, or notice of details of the fines to which that order relates, is served in electronic form under subsection (1)﻿(e), then, unless the contrary is shown,—
a: the notice or order, or notice of details, is served at the time the electronic communication containing the notice or order, or notice of details, first enters an information system outside the control of its originator; and
b: in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.
5: In this section, information system Section 91B inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91B heading amended 14 November 2018 section 149(1) Courts Matters Act 2018 Section 91B(1) amended 14 November 2018 section 149(2) Courts Matters Act 2018 Section 91B(2) amended 14 November 2018 section 149(3) Courts Matters Act 2018 Section 91B(3) amended 14 November 2018 section 149(4) Courts Matters Act 2018 Section 91B(4) inserted 14 November 2018 section 149(5) Courts Matters Act 2018 Section 91B(5) inserted 14 November 2018 section 149(5) Courts Matters Act 2018
91C: Liability to driver licence stop order
A defendant who is obliged to pay a traffic fine is liable to the imposition of a driver licence stop order if—
a: the defendant has breached the provisions of an enactment or the terms of a sentence, an order, or a direction by failing to pay the traffic fine within the time provided or fixed by the enactment, sentence, order, or direction; and
b: the defendant's obligation to pay the fine is neither discharged, by payment in full or remission in full, nor resolved. Section 91C inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91D: Warning notice to be served on defendant
1: If a defendant is liable to the imposition of a driver licence stop order, the chief executive of the Ministry of Justice must arrange for a warning notice to be served on the defendant.
2: The notice must—
a: explain why the defendant is liable to the imposition of a driver licence stop order and provide details of the unpaid traffic fine to which the liability relates; and
b: if the defendant’s liability is related to the cancellation or revocation of a payment arrangement, deduction notice, or an attachment order, give the reason for the cancellation or revocation; and
c: state that a driver licence stop order will not be imposed if, before the close of the 14th day after service of the notice, the unpaid traffic fine is paid in full, or remitted in full, or the defendant's obligation to pay the fine is resolved.
3: No driver licence stop order imposed on a person is invalid merely because a notice under subsection (1) was not received by that person or was received by that person after the driver licence stop order was imposed on the person. Section 91D inserted 1 November 2013 section 7 Land Transport Amendment Act 2011
91E: Imposition of driver licence stop order
1: If, following the expiry of the period of 14 days after service of the notice sent to a defendant under section 91D
2: The chief executive of the Ministry of Justice may, on 1 or more occasions, reissue a driver licence stop order that has previously been issued or reissued for service but that is not yet in effect.
2A: An enforcement officer may also impose an order and issue it for service in the circumstances described in subsection (1) (whether or not the person has received the order from the chief executive of the Ministry of Justice).
3: An order imposed under subsection (1) or (2A)
a: the name of the defendant; and
b: that the notice of details of the traffic fine in respect of which the order is imposed and the amount owing on that fine will be served on the defendant either at the same time as the order is served or as soon as practicable after the order is served; and
c: that the order will stay in effect until the defendant's obligation to pay the traffic fine is discharged by payment in full or remission in full, or until it is resolved; and
d: that, immediately after the order takes effect, any driver licence held by the defendant, including any limited licence issued under section 105 section 91G section 91H
e: that if the order is served personally by an employee or agent of the Ministry of Justice or by an enforcement officer (including at the roadside), the defendant must surrender any driver licence held by the defendant to that employee, agent, or enforcement officer; and
f: that if the order is served, but is not served personally, the defendant must post or deliver any driver licence held by the defendant to an employee or agent of the Ministry of Justice at an office of that Ministry or at the District Court
g: if the defendant does not hold a current driver licence when the order takes effect, that—
i: the defendant is disqualified from holding or obtaining a driver licence (including any limited licence) until the driver licence stop order is cancelled in accordance with section 91G section 91H
ii: if the defendant is authorised to obtain a limited licence, the limited licence may not be issued by the Director
4: When the order is issued for service, the defendant becomes liable to pay a single fee for the order, and that single fee—
a: is deemed to be imposed when the order is first issued, regardless of the number of times that the same order may subsequently be reissued; and
b: is not affected by the number of fines in respect of which the order is issued, so that if, for example, the order is issued for 2 fines, the fee is 1 fee and not 2 fees; and
c: is, for enforcement purposes, deemed to be a fine.
5: The amount of the fee deemed to be imposed by subsection (4) is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957 Section 91E inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91E(2A) inserted 14 November 2018 section 150(1) Courts Matters Act 2018 Section 91E(3) amended 14 November 2018 section 150(2) Courts Matters Act 2018 Section 91E(3)﻿(b) replaced 14 November 2018 section 150(3) Courts Matters Act 2018 Section 91E(3)﻿(e) replaced 14 November 2018 section 150(4) Courts Matters Act 2018 Section 91E(3)﻿(f) amended 1 March 2017 section 261 District Court Act 2016 Section 91E(3)﻿(g)﻿(ii) amended 1 April 2021 section 83 Land Transport (NZTA) Legislation Amendment Act 2020
91F: Effect of driver licence stop order
1: A driver licence stop order that is imposed on a defendant takes effect—
a: if the order is served personally on the defendant, immediately after the order is so served:
b: if the order is served, but is not served personally, on the defendant and the defendant posts or delivers the driver licence to an employee or agent of the Ministry of Justice, immediately after that employee or agent receives the defendant's driver licence.
2: A driver licence stop order that is in effect continues in effect until it is cancelled under section 91G section 91H
3: Throughout the time that a driver licence stop order is in effect,—
a: any driver licence held by the defendant on whom the order is imposed, including any limited licence held under section 105
b: if the defendant on whom the order is imposed does not hold a current driver licence when the order takes effect, the defendant is disqualified from holding or obtaining a driver licence, including any limited licence under section 105
c: if the defendant's driver licence is suspended under paragraph (a), the defendant may not hold or obtain another driver licence, including any limited licence under section 105
4: The chief executive of the Ministry of Justice must notify the Director Section 91F inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91F(4) amended 1 April 2021 section 84 Land Transport (NZTA) Legislation Amendment Act 2020
91G: Cancellation of driver licence stop order
1: The chief executive of the Ministry of Justice may, if there is good reason for doing so, cancel a driver licence stop order.
2: Without limiting the generality of subsection (1), a good reason exists, for the purposes of that subsection, if the driver licence stop order—
a: was imposed or served in error; or
b: is inconsistent with a judicial determination.
3: The chief executive of the Ministry of Justice must give notice of the cancellation to the person on whom the order was imposed and to the Director
4: The cancellation takes effect when it is shown on the national register maintained under section 199
5: When the Director Director Director section 199
6: The chief executive of the Ministry of Justice must pay the Director Section 91G inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91G(3) amended 1 April 2021 section 85(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91G(5) amended 1 April 2021 section 85(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91G(6) amended 1 April 2021 section 85(3) Land Transport (NZTA) Legislation Amendment Act 2020
91H: Termination of driver licence stop order if traffic fine paid or resolved
1: The chief executive of the Ministry of Justice must terminate a driver licence stop order if the defendant's obligation to pay the traffic fine is discharged by payment in full or remission in full or if the defendant's obligation is resolved.
2: The chief executive of the Ministry of Justice must give notice of the termination to the defendant and to the Director
3: The termination takes effect when it is shown on the national register maintained under section 199
4: When the Director Director Director section 199
5: The chief executive of the Ministry of Justice must pay the Director Section 91H inserted 1 November 2013 section 7 Land Transport Amendment Act 2011 Section 91H(2) amended 1 April 2021 section 86(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91H(4) amended 1 April 2021 section 86(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 91H(5) amended 1 April 2021 section 86(3) Land Transport (NZTA) Legislation Amendment Act 2020 Other penalties
92: Compulsory attendance at driving improvement course or dangerous goods course
1: If a person is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty for the offence, order that person to attend an appropriate driving improvement course approved by the Director
2: If a person is convicted of an offence against this Act involving dangerous goods, the court may, whether or not it imposes any other penalty for the offence, order the person to attend an appropriate dangerous goods course approved by the Director
3: On the making of an order under subsection (1) or subsection (2), the Registrar of the court must notify the Director
4: A person who has been ordered under subsection (1) or (2) to attend a course must,—
a: within 21 days after being required to do so, pay to the person in charge of the course the fee usually charged for that course; and
b: within 90 days after being required to do so, complete the course; and
c: if the person has successfully completed the course, provide the court with evidence that verifies that the person has successfully completed the course.
5: Despite subsection (4)﻿(b), if a person is unable to complete an appropriate driving improvement course approved by the Director
a: grant an extension as the court considers appropriate in the circumstances; or
b: suspend or cancel the order requiring the person to complete the course. 1962 No 135 s 68 Section 92(1) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(2) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(3) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020 Section 92(4) replaced 10 September 2012 section 55 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 92(5) inserted 10 September 2012 section 55 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 92(5) amended 1 April 2021 section 87 Land Transport (NZTA) Legislation Amendment Act 2020
93: Court may order compulsory driving test
1: If the holder of a driver licence is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty or makes any other order concerning the offence, order that person to undergo any tests and examinations approved by the Director
2: On the making of an order under subsection (1), the Registrar of the court must notify the Director
3: The following provisions apply to the tests and examinations:
a: the Director
b: the tests and examinations must be carried out under the supervision of the Director
4: The driver licence of a person who fails to pass the approved approved
5: A person whose driver licence has been suspended under this section is disqualified from holding or obtaining a driver licence until such time as he or she passes the approved
6: If a person passes the approved Director
7: If a person undergoes any tests and examinations under an order made under this section, that person is liable to pay the same fees as the person would be liable to pay if the person were an applicant for a licence. 1962 No 135 s 68A Section 93(1) amended 1 April 2021 section 88(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(1) amended 10 May 2011 section 56(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(2) amended 1 April 2021 section 88(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(3)﻿(a) amended 1 April 2021 section 88(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(3)﻿(b) amended 1 April 2021 section 88(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(4) amended 10 May 2011 section 56(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(5) amended 10 May 2011 section 56(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 93(6) amended 1 April 2021 section 88(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 93(6) amended 10 May 2011 section 56(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
94: Substitution of community-based sentences
1: This section applies if—
a: the offender has previously been ordered on conviction for an offence to be disqualified from holding or obtaining a driver licence; and
b: the court, having regard to—
i: the circumstances of the case and of the offender; and
ii: the effectiveness or otherwise of a previous order of disqualification made in respect of the offender; and
iii: the likely effect on the offender of a further order of disqualification; and
iv: the interests of the public,— considers that it would be inappropriate to order that the offender be disqualified from holding or obtaining a driver licence; and
c: the court considers that it would be appropriate to sentence the offender to a community-based sentence in accordance with Part 2
2: Despite any provision of this Act that requires a court (in the absence of special reasons relating to the offence) to order a person convicted of an offence to be disqualified from holding or obtaining a driver licence, the court may instead make an order referred to in subsection (3) if this section applies.
3: If the court sentencing an offender determines under this section not to make an order of disqualification,—
a: the court must impose a community-based sentence on the offender; and
b: the imposition of such a sentence does not limit or affect the power of the court to impose any other sentence for the offence that, in accordance with the provisions of the Sentencing Act 2002
c: in determining the appropriate sentence to be imposed on the offender in respect of the offence, the court must take into account the gravity of the offence and the fact that the offender would otherwise have been liable to disqualification from holding or obtaining a driver licence.
3A: For the purposes of subsection (3)﻿(a), the court may impose a sentence of supervision or intensive supervision
a: that sentence is appropriate; and
b: a suitable programme is available; and
c: the offender attends a suitable programme.
4: This section does not apply if—
a: section 63 section 65
aa: an alcohol interlock sentence has been ordered under section 65AC(1)
b: the offender is prohibited from applying for a limited licence under section 103(2)﻿(a), (b), or (d) 1962 No 135 s 30AC Section 94(1)﻿(c) amended 30 June 2002 section 186 Sentencing Act 2002 Section 94(3)﻿(b) amended 30 June 2002 section 186 Sentencing Act 2002 Section 94(3A) inserted 16 January 2006 section 48(1) Land Transport Amendment Act 2005 Section 94(3A) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 94(4) substituted 16 January 2006 section 48(2) Land Transport Amendment Act 2005 Section 94(4)﻿(aa) inserted 1 July 2018 section 31 Land Transport Amendment Act 2017 Mandatory prohibition from driving following 2 positive oral fluid tests Heading inserted 11 March 2023 section 27 Land Transport (Drug Driving) Amendment Act 2022
94A: Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive
1: An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person has undergone 2 oral fluid tests and the results of both tests are positive.
2: The 12-hour period starts immediately after the enforcement officer notifies the person of the prohibition.
3: An enforcement officer may arrest without warrant a person who fails to comply with a direction under subsection (1) or drives or attempts to drive within the 12-hour period. Section 94A inserted 11 March 2023 section 27 Land Transport (Drug Driving) Amendment Act 2022 Mandatory suspension of driver licence
95: Mandatory 28-day suspension of driver licence in certain circumstances
1: An enforcement officer must give a person a notice under this section if the enforcement officer believes on reasonable grounds that the person has—
a: undergone an evidential breath test or blood test under this Act and been found,—
i: for an offence, where the person has previously been convicted of an offence against any of sections 56(1) or (2) 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) or (2)
A: to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
C: to have a blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug; or
D: to have an unlisted qualifying drug in the person’s blood after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
ii: in any other case,—
A: to have a breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath; or
B: to have a blood alcohol concentration exceeding 130 milligrams of alcohol per 100 millilitres of blood ; or
b: failed or refused to undergo a blood test, after having been required or requested to do so under section 72 section 73
c: driven a motor vehicle on a road at a speed exceeding—
i: the permanent speed limit
ii: any other speed limit by more than 50 km an hour (which speed was detected by a means other than approved vehicle surveillance equipment).
1A: If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 650
a: the enforcement officer must give the person a notice under subsection (1)﻿(a) even though the person has the right under section 70A
b: a further notice is not required and must not be given under subsection (1)﻿(a) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 130
2: A notice under this section must—
a: be in a form prescribed by regulations made under this Act or in a form to the same effect; and
b: tell the person to whom it is given that the person is suspended from holding or obtaining a driver licence for 28 days
c: require the person to immediately surrender any driver licence that the person has
d: outline the person's rights of appeal under sections 101 109
3: A suspension under this section starts immediately after the notice is given to the person to whom it applies.
4: A person whose driver licence is suspended under this section has the rights of appeal conferred by sections 101 109
5: Nothing in this section affects or limits any power of a court to impose a penalty.
6: Subsection (1)﻿(c) does not apply if the vehicle—
a: was an ambulance fitted with a siren or bell, and at the time was being used on urgent ambulance service; or
b: was conveying a constable
c: was being used by a fire brigade for attendance at fires or other emergencies, and at the time was being used on urgent fire brigade service.
7: The suspension of a driver licence under subsection (1) ceases to have effect if—
a: the Police decide finally that proceedings will not be taken against the person for an offence arising out of circumstances referred to in subsection (1) or if such proceedings have been taken and the person is acquitted; and
b: the suspension has not already been removed.
8: The suspension of a person's driver licence in the circumstances referred to in subsection (1A) ceases to have effect when the result of the blood test (if any) is notified to the person if—
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 130
b: the result of the blood test is notified to the person before the close of the 28-day suspension period.
9: For the purposes of this section, driver licence Section 95(1)﻿(a) substituted 16 January 2006 section 49(1) Land Transport Amendment Act 2005 Section 95(1)﻿(a)﻿(i) amended 11 March 2023 section 28(1) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)﻿(a)﻿(i)﻿(C) inserted 11 March 2023 section 28(2) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)﻿(a)﻿(i)﻿(D) inserted 11 March 2023 section 28(2) Land Transport (Drug Driving) Amendment Act 2022 Section 95(1)﻿(a)﻿(ii)﻿(B) amended 10 May 2011 section 57(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 95(1)﻿(c) substituted 16 January 2006 section 49(2) Land Transport Amendment Act 2005 Section 95(1)﻿(c)﻿(i) amended 1 April 2021 section 89 Land Transport (NZTA) Legislation Amendment Act 2020 Section 95(1A) inserted 29 December 2001 section 10(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 95(1A) amended 16 January 2006 section 49(3) Land Transport Amendment Act 2005 Section 95(1A)﻿(b) amended 16 January 2006 section 49(4) Land Transport Amendment Act 2005 Section 95(2)﻿(b) amended 11 August 2017 section 92(1) Land Transport Amendment Act 2017 Section 95(2)﻿(c) amended 11 August 2017 section 92(2) Land Transport Amendment Act 2017 Section 95(6)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 95(8) added 29 December 2001 section 10(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 95(8)﻿(a) amended 16 January 2006 section 49(5) Land Transport Amendment Act 2005 Section 95(9) added 10 May 2011 section 57(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
95A: Extension of 28-day suspension period of driver licence under section 95
1: A Police employee holding the office of constable and who is of or above the position of inspector may, after giving notice in writing to the person whose driver licence has been suspended, apply to a District Court Judge for an order extending the 28-day suspension period referred to in section 95(2)﻿(b)
2: An application must specify the circumstances that make it necessary to extend the 28-day suspension period.
3: The maximum number of applications that may be made under this section in respect of a suspended driver licence is 3.
4: The District Court
5: A person whose driver licence has been suspended for a further period not exceeding 28 days by an order made under subsection (4) may appeal to the High Court against that order.
6: The High Court may confirm, reverse, or modify the order appealed against.
7: Every order appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending. Section 95A inserted 10 May 2011 section 58 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 95A(4) amended 1 March 2017 section 261 District Court Act 2016 Impoundment of vehicles
96: Vehicle
1: An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
a: the person was disqualified from holding or obtaining a driver licence authorising the person to drive that vehicle; or
b: the person's driver licence is for the time being suspended or was revoked; or
ba: in the case of a person who is the holder of an alcohol interlock licence, the person operated that vehicle contrary to the conditions of that licence; or
c: in the case of a person who was previously forbidden to drive because the person was an unlicensed driver or his or her driver licence had expired, the person did not hold a driver licence ; or
d: the person, if they had previously been convicted of 2 or more offences against any of sections 56(1) and (2) 57 57AA 57A(1) 57B(1) 57C(1) 58(1) 60(1) 61(1) and (2)
i: had a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath; or
ii: had a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood; or
iii: had a blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug; or
iv: had any presence of an unlisted qualifying drug in their blood after failing to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F
v: failed or refused to undergo a blood test, after having been required or requested to do so under section 72 73
1AA: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
a: the driver operated the vehicle in a manner that breached a qualifying bylaw; and
b: the vehicle is subject to a warning notice attached under section 22AF
1AAB: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that the driver has committed an offence against section 35(1)﻿(a) or (b) 39(1)
1A: An enforcement officer must, if practicable,
a: operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
1AB: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop (or remain stopped) section 114
1B: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under subsection (1A) must, by means of a notice in the form approved for the purposes of section 115(1)
1C: For the purposes of this Act and any other enactment, a notice given under subsection (1B) has effect as a notice given under section 115(1)
1D: A notice under subsection (1B) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise, unless the direction referred to in that subsection has been cancelled.
1E: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle because he or she believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 400 micrograms of alcohol per litre of breath,—
a: must give the person a notice under subsection (2) even though the person has the right under section 70A
b: a further notice is not required and must not be given under subsection (2) if the person undergoes a blood test and is found to have a blood alcohol concentration exceeding 80 milligrams of alcohol per 100 millilitres of blood.
2: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under this section must—
a: complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
i: the full name and full address
ii: the year and make of the vehicle, and its registration plate details or vehicle identification number; and
iia: if subsection (1A) applies, the date and time of the alleged offence; and
iii: the date and time of the seizure; and
iv: the place where the vehicle is to be impounded; and
v: an outline of the person's rights of appeal under sections 102 110
b: give the driver a copy of the notice, unless the driver has left the scene; and
c: give the person registered under Part 17
d: cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and
e: retain a copy of the notice for 12 months.
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and the driver is not the registered person, the registered person's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
3: The owner of an impounded vehicle has the rights of appeal provided in sections 102 110
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
5: An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.
6: A vehicle to which a notice under this section relates must be released to the owner if—
a: the Police have decided not to take any of the following proceedings (or if proceedings have been taken and the person is acquitted):
i: proceedings against a person who drove the vehicle in circumstances referred to in subsection (1):
ii: proceedings against a person who operated the vehicle in circumstances referred to in subsection (1AA) or (1A):
iii: in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against that person:
iv: in relation to a vehicle driven by a person who failed to stop (or remain stopped) in the circumstances referred to in subsection (1AB), proceedings against a person (if any) who has not provided the information requested under section 118(4)
b: the vehicle has not been—
i: released; or
ii: seized under the Summary Proceedings Act 1957
iii: confiscated under the Sentencing Act 2002
6A: A vehicle to which a notice under this section relates must be released to the owner when the result of the blood test (if any) is notified to the person who drove the vehicle in circumstances referred to in subsection (1)﻿(d) if—
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 80 milligrams of alcohol per 100 millilitres of blood; and
b: the vehicle has not already been released.
6B: A vehicle to which subsection (1AB) applies may be released to the owner if the owner—
a: was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
b: has provided the information requested under section 118(4)
7: Nothing in this section authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.
8: Nothing in subsection (1) applies to a person driving a vehicle if—
a: the person an approved course or programme
b: the driving occurs in the course of the person’s course or programme
i: in the case of a motorcyclist, under the supervision of a person who holds a current certificate of approval as a driving instructor issued by the Director
ii: in any other case, while accompanied by a person who holds a certificate referred to in subparagraph (i).
9: Nothing in subsection (1A) applies to a person operating a motor vehicle in a manner that is authorised by law within the meaning of section 22A(4) Section 96 heading amended 2 May 2003 section 8(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1)﻿(ba) inserted 10 September 2012 section 59(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 96(1)﻿(c) amended 16 January 2006 section 50(1) Land Transport Amendment Act 2005 Section 96(1)﻿(d) replaced 11 March 2023 section 29 Land Transport (Drug Driving) Amendment Act 2022 Section 96(1AA) inserted 1 December 2009 section 22(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AAB) inserted 5 April 2023 section 16 Criminal Activity Intervention Legislation Act 2023 Section 96(1A) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1A) amended 1 December 2009 section 22(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AB) inserted 1 December 2009 section 22(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(1AB) amended 11 August 2017 section 42(1)﻿(a) Land Transport Amendment Act 2017 Section 96(1AB) amended 11 August 2017 section 42(1)﻿(b) Land Transport Amendment Act 2017 Section 96(1B) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1C) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1D) inserted 2 May 2003 section 8(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(1E) inserted 16 January 2006 section 50(2) Land Transport Amendment Act 2005 Section 96(2)﻿(a)﻿(i) amended 1 December 2009 section 22(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(2)﻿(a)﻿(iia) inserted 2 May 2003 section 8(3) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 96(2)﻿(c) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 96(2A) inserted 1 December 2009 section 22(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(4) substituted 1 December 2009 section 22(6) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(4A) inserted 1 December 2009 section 22(6) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96(6)﻿(a) replaced 11 August 2017 section 42(2) Land Transport Amendment Act 2017 Section 96(6)﻿(b) substituted 23 July 2011 section 8 Land Transport Amendment Act 2011 Section 96(6A) inserted 16 January 2006 section 50(3) Land Transport Amendment Act 2005 Section 96(6B) inserted 11 August 2017 section 42(3) Land Transport Amendment Act 2017 Section 96(8)﻿(a) amended 1 April 2021 section 90(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(8)﻿(a) amended 16 January 2006 section 50(4) Land Transport Amendment Act 2005 Section 96(8)﻿(b) amended 1 April 2021 section 90(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(8)﻿(b) amended 16 January 2006 section 50(5) Land Transport Amendment Act 2005 Section 96(8)﻿(b)﻿(i) amended 1 April 2021 section 90(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 96(9) added 2 May 2003 section 8(5) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
96A: Impoundment of vehicle used in transport service
1: An enforcement officer must seize and impound, or seize and authorise the impoundment of, a motor vehicle that is being used in a transport service for 28 days if the officer believes on reasonable grounds that a person drove the vehicle on a road while—
a: the transport service operator was disqualified from holding or obtaining a transport service licence; or
b: the transport service operator's transport service licence was suspended or revoked; or
c: the transport service operator—
i: does not hold a transport service licence; and
ii: has previously been forbidden to operate a transport service.
2: An enforcement officer who seizes and impounds (or authorises the impoundment of) a vehicle under this section must—
a: complete a notice in the prescribed form, or in a form to the same effect, acknowledging the seizure and impoundment, and setting out (if the particulars are reasonably ascertainable)—
i: the full name and full address
ii: the full name and full address
iii: the year of manufacture and make of the vehicle, and its registration plate details or vehicle identification number; and
iv: the date and time of the seizure; and
v: the place where the vehicle is to be impounded; and
vi: an outline of the person's rights of appeal under sections 102 110
b: give the driver a copy of the notice, unless the driver has left the scene; and
c: give the person registered under Part 17
d: cause a copy of the notice to be given to the storage provider who stores the motor vehicle; and
e: retain a copy of the notice for 12 months.
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and different from the driver, the transport service operator’s—
i: full name; and
ii: full address; and
iii: date of birth (if an individual); and
iv: telephone number.
3: The owner of an impounded vehicle has the rights of appeal provided in sections 102 110
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
5: An enforcement officer does not have to seize or impound a motor vehicle if the officer has good cause to suspect that the vehicle is a stolen vehicle or had been converted, is a write-off, or has suffered severe damage.
6: A vehicle to which a notice under this section relates must be released to the owner if—
a: the Director
b: the vehicle has not been—
i: released; or
ii: seized under the Summary Proceedings Act 1957
iii: confiscated under the Sentencing Act 2002
7: Nothing in subsection (1) authorises the seizure or impoundment of a trailer or any other vehicle without motive power that is being towed by or is attached to a motor vehicle.
8: Sections 97 98 Section 96A inserted 1 October 2007 section 51 Land Transport Amendment Act 2005 Section 96A(2)﻿(a)﻿(i) amended 1 December 2009 section 23(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(2)﻿(a)﻿(ii) amended 1 December 2009 section 23(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(2)﻿(c) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 96A(2A) inserted 1 December 2009 section 23(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4) substituted 1 December 2009 section 23(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4A) inserted 1 December 2009 section 23(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 96A(4A) substituted 10 May 2011 section 60 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 96A(6)﻿(a) amended 1 April 2021 section 91 Land Transport (NZTA) Legislation Amendment Act 2020 Section 96A(6)﻿(b) substituted 23 July 2011 section 9 Land Transport Amendment Act 2011
97: Storage of impounded vehicles
1: A motor vehicle seized and impounded under section 96
2: The owner of the impounded vehicle is liable to pay the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167
2A: For the purposes of subsection (2), owner
3: The fees and charges referred to in subsection (2) are recoverable from the owner of the impounded
3A: The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 Sentencing Act 2002
4: Nothing in subsection (3) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.
5: A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.
6: The storage provider must immediately comply with—
a: a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or
b: a warrant to seize property executed by a bailiff or constable under section 94
c: a warrant of confiscation under section 132
7: The Commissioner, the chief executive of the Ministry of Justice, or a Registrar,
8: For the purposes of subsection (7), Registrar the District Court Section 97(2A) inserted 10 May 2011 section 61 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 97(3) amended 1 December 2009 section 24(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(3A) inserted 1 December 2009 section 24(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(6) substituted 1 December 2009 section 24(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(7) amended 1 December 2009 section 24(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(8) added 1 December 2009 section 24(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 97(8) amended 1 March 2017 section 261 District Court Act 2016
98: Release of vehicle after 28 days
1: On or after the close of the 28-day impoundment period, the owner of the vehicle, or a person authorised for the purpose by the owner section 94 section 132
a: showing the storage provider proof of identity and either,—
i: in the case of the owner of the vehicle
ii: in the case of a Registrar, bailiff, or constable, the warrant; and
b: paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.
2: The storage provider is directed to release the vehicle as soon as practicable after subsections (1), (6), and (7) are
3: An enforcement officer authorised for the purpose by the Commissioner may order the release of an impounded vehicle at any time before the close of the 28-day impoundment period if—
a: the vehicle was impounded from an unlicensed driver; and
b: that person has paid the fees and charges due for towage and storage of the vehicle as at the time of payment and produces to the officer his or her current driver licence.
4: If—
a: a further 10 days
b: the owner, or a person authorised for the purpose by the owner, has not claimed the vehicle and has not paid the fees and charges for towage and storage of the vehicle or entered into an arrangement to pay those fees and charges; and
c: no other person has, within that period, established to the satisfaction of the authorised officer that the person is entitled to possession of the vehicle,— the storage provider may apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of the vehicle, and any personal property found in the vehicle, and may, with the officer's approval, dispose of the vehicle, and any personal property found in the vehicle, on the terms and conditions that the officer thinks fit
5: On obtaining approval under subsection (4), the storage provider becomes the owner of the vehicle , and any personal property found in the vehicle,
6: However, before disposing of a motor vehicle under subsection (4), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 section 132
a: pay any unpaid fees and charges referred to in section 97(2)
b: enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the owner of the impounded vehicle is liable to pay under section 97(2)
8: For the purposes of subsection (6), security interest section 17
9: Despite anything in subsections (1) to (8)
a: in the case of a bailiff or constable executing a warrant to seize property under section 94
i: begins immediately on the expiry of the applicable 14-day appeal period specified in section 102
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5):
b: in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132
i: begins immediately on the impoundment of the vehicle; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5). Section 98(1) substituted 1 December 2009 section 25(1) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(1) amended 17 December 2016 section 60(1) Statutes Amendment Act 2016 Section 98(1)﻿(a)﻿(i) amended 17 December 2016 section 60(2) Statutes Amendment Act 2016 Section 98(2) amended 1 December 2009 section 25(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(4) amended 1 December 2009 section 25(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(4)﻿(a) amended 16 January 2006 section 52 Land Transport Amendment Act 2005 Section 98(5) amended 1 December 2009 section 25(4) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(6) added 1 November 2009 section 21 Land Transport Amendment Act 2009 Section 98(7) added 1 December 2009 section 25(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(7) substituted 10 May 2011 section 62(2)﻿(a) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(8) added 1 November 2009 section 21 Land Transport Amendment Act 2009 Section 98(8) substituted 10 May 2011 section 62(2)﻿(b) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(9) added 1 December 2009 section 25(5) Land Transport (Enforcement Powers) Amendment Act 2009 Section 98(9) substituted 10 May 2011 section 62(2)﻿(c) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 98(9) amended 10 May 2011 section 62(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Prohibiting sale or disposal of motor vehicles Heading inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
98A: Commissioner may prohibit sale or disposal of certain motor vehicles
1: This section applies if—
a: a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002
b: the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002
2: If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—
a: the person who is charged; and
b: the registered person of the motor vehicle (if a person other than the person who is charged).
3: A person notified under subsection (2) may not sell, or dispose of,—
a: the motor vehicle specified in the notice:
b: any parts of the motor vehicle specified in the notice.
4: The Commissioner—
a: must cancel the notice given under subsection (2) if the person charged—
i: does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or
ii: is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002
iii: is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002
b: may cancel the notice given under subsection (2) if—
i: the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or
ii: the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or
iii: the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person. Section 98A inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
98B: Appeal of notice to District Court
1: Any person who is given notice under section 98A
2: The court must determine the appeal on 1 or more of the grounds specified in section 98A(4)
3: The court may confirm or cancel the notice.
4: Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending. Section 98B inserted 1 December 2009 section 26 Land Transport (Enforcement Powers) Amendment Act 2009
7A: Immobilising devices applied to parked motor vehicles
Part 7A inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98C: Interpretation
In this Part,— immobilising device operator parking place prescribed amount section 167(1)﻿(md) Section 98C inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98D: Immobilising devices applied to parked motor vehicles
1: This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—
a: the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
b: the operator’s actions are authorised by or under an enactment.
2: The operator—
a: must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
b: may require the fee to be paid before the immobilising device is removed; and
c: must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
i: as soon as is reasonably practicable after the fee is paid; or
ii: if there is no fee, at the direction of the person in charge of the motor vehicle.
3: The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.
4: A person who contravenes subsection (2)﻿(a) or (c) commits an offence and is liable on conviction to a fine not exceeding $3,000, in the case of an individual, or $15,000, in the case of a body corporate.
5: If the operator fails to comply with subsection (2)﻿(c) or fails to comply with subsection (3) after the person in charge of the motor vehicle has made reasonable efforts to contact the operator, the person in charge of the motor vehicle—
a: may remove or arrange for the removal of the immobilising device from the motor vehicle; and
b: is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.
6: This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place. Section 98D inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
98E: Enforcement of section 98D and related matters
1: For the purpose of enforcing section 98D section 113
a: direct an operator to remove an immobilising device from a motor vehicle within a specified time; and
b: remove an immobilising device from a motor vehicle or arrange for its removal.
2: A person may enter and remain in a parking place for the purpose of removing an immobilising device from a motor vehicle if an enforcement officer or the person in charge of the motor vehicle has arranged in accordance with this section or section 98D
3: In considering whether an operator has complied with section 98D(3)
4: To avoid doubt, section 98D(4) section 4
5: In any proceedings before a Disputes Tribunal where an operator claims an amount in respect of a dispute to which section 98D
6: Nothing in subsection (5) affects proceedings before a Disputes Tribunal relating to any damage caused to an immobilising device as a result of its removal from a motor vehicle. Section 98E inserted 2 January 2020 section 4 Land Transport (Wheel Clamping) Amendment Act 2019
8: Mitigation of penalties and rights of appeal
Removal of disqualifications
99: Court may
reduce
1: A person (the applicant
a: has more than 1 year of an existing disqualification or disqualifications left to serve; and
b: has not been convicted in the previous 2 years of offences against any of the following sections of this Act:
i: section 35(1)﻿(a) or (b)
ii: section 36(1)
iii: section 36A(1)﻿(a) or (c)
iv: section 36A(2) or (3)
v: section 39(1)
vi: section 56(1) or (2)
via: section 57A(1)
viaa: section 57B(1)
viab: section 57C(1)
vii: section 58(1)
viii: section 60(1)
ix: section 61(1) or (2)
x: section 62(1) or (1B)
c: has not been convicted in the previous 2 years or concurrently of an offence against section 171
d: has not been convicted of offences against section 32(1)﻿(a) or (b) or (c)
1A: For the purposes of subsection (1)﻿(b), (c), and (d), the date on which a person has been convicted is the date on which a conviction has been entered against that person.
2: On an application under subsection (1), the court may, having regard to the character of the applicant and the applicant's conduct since the order was made, the nature of the offence, and any other circumstances of the case, either—
a: reduce
b: treat the application as an application for an order under section 105
3: In having regard under subsection (2) to the conduct of the applicant subsequent to an order disqualifying the applicant from holding or obtaining a driver licence, the court must have regard to—
a: whether or not the opportunity to attend a programme approved under section 99A
b: whether or not the applicant attended that approved programme
c: any report of a person conducting such an approved programme
d: any report which relates to the medical condition of the applicant and which is from a health practitioner section 65
4: If an application under this section is refused,—
a: the court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but
b: otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.
5: If the disqualification was ordered by the District Court
6: If a court makes an order under this section and the person to whom it applies is, before the end of the period for which the original order of disqualification was made, convicted of an offence for which the applicant is liable for disqualification, the court must, whether or not it imposes a penalty for that offence, order that the applicant be disqualified from holding or obtaining a driver licence for the balance of the disqualification period specified in the original order.
7: No application or order under this section may be made by or apply to a person who is subject to an alcohol interlock sentence or to section 65 1962 No 135 s 39 Section 99 heading amended 16 January 2006 section 53(1) Land Transport Amendment Act 2005 Section 99(1) substituted 16 January 2006 section 53(2) Land Transport Amendment Act 2005 Section 99(1)﻿(b)﻿(iv) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 99(1)﻿(b)﻿(via) inserted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 99(1)﻿(b)﻿(viaa) inserted 11 March 2023 section 30 Land Transport (Drug Driving) Amendment Act 2022 Section 99(1)﻿(b)﻿(viab) inserted 11 March 2023 section 30 Land Transport (Drug Driving) Amendment Act 2022 Section 99(1)﻿(b)﻿(x) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 99(1A) inserted 16 January 2006 section 53(2) Land Transport Amendment Act 2005 Section 99(2)﻿(a) amended 16 January 2006 section 53(3) Land Transport Amendment Act 2005 Section 99(3)﻿(a) substituted 16 January 2006 section 53(4) Land Transport Amendment Act 2005 Section 99(3)﻿(b) amended 16 January 2006 section 53(5) Land Transport Amendment Act 2005 Section 99(3)﻿(c) amended 16 January 2006 section 53(6) Land Transport Amendment Act 2005 Section 99(3)﻿(d) amended 7 November 2018 section 17 Land Transport Amendment Act 2016 Section 99(3)﻿(d) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 99(5) amended 1 March 2017 section 261 District Court Act 2016 Section 99(5) amended 16 January 2006 section 53(7) Land Transport Amendment Act 2005 Section 99(7) amended 1 July 2018 section 32 Land Transport Amendment Act 2017
99A: Director
1: The Director sections 32 99
2: When approving a programme, the Director Director Section 99A inserted 16 January 2006 section 54 Land Transport Amendment Act 2005 Section 99A heading amended 1 April 2021 section 92(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 99A(1) amended 1 April 2021 section 92(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 99A(2) amended 1 April 2021 section 92(3) Land Transport (NZTA) Legislation Amendment Act 2020
100: Director
1: If an order has been made under section 65 the applicant Director
a: the applicant is a fit person to hold a driver licence, having regard to—
i: a report which is from a health practitioner Director
ii: any other evidence submitted by the applicant or otherwise available to the Director
b:
2: If the Director section 65
3: No order may be made under subsection (1) if the applicant concerned is subject to an order made under section 65 1 year and 1 day
4: If the Director Director section 108 1962 No 135 s 30C Section 100 heading amended 1 April 2021 section 93(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1) amended 1 April 2021 section 93(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)﻿(a)﻿(i) amended 1 April 2021 section 93(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)﻿(a)﻿(i) amended 7 November 2018 section 18 Land Transport Amendment Act 2016 Section 100(1)﻿(a)﻿(i) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 100(1)﻿(a)﻿(ii) amended 1 April 2021 section 93(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(1)﻿(b) repealed 16 January 2006 section 55(1) Land Transport Amendment Act 2005 Section 100(2) amended 1 April 2021 section 93(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100(3) amended 16 January 2006 section 55(2) Land Transport Amendment Act 2005 Section 100(4) inserted 1 July 2018 section 33 Land Transport Amendment Act 2017 Section 100(4) amended 1 April 2021 section 93(5) Land Transport (NZTA) Legislation Amendment Act 2020
100A: Director
1: If satisfied that the holder of an alcohol interlock licence (the applicant section 65AG Director
a: authorise the removal of the alcohol interlock device from every motor vehicle or vehicle the person drives; and
b: certify that the requirements of the alcohol interlock sentence have been fulfilled.
2: If the Director section 65AC(1)
3: If the Director Director section 108(1) Section 100A replaced 1 July 2018 section 34 Land Transport Amendment Act 2017 Section 100A heading amended 1 April 2021 section 94(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(1) amended 1 April 2021 section 94(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(2) amended 1 April 2021 section 94(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 100A(3) amended 1 April 2021 section 94(3) Land Transport (NZTA) Legislation Amendment Act 2020
100B: Court may cancel alcohol interlock sentence and disqualify driver instead
1: A person may apply to a court seeking the cancellation of an alcohol interlock sentence if the person’s personal circumstances have changed significantly.
2: The court may cancel an alcohol interlock sentence, and if it does so, the court must—
a: disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence that would have applied under section 65AI section 65AB(2)
b: authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.
3: The court may set the length of the disqualification imposed under subsection (2)﻿(a) after having regard to—
a: the length of time that has elapsed since the alcohol interlock sentence was imposed; and
b: the person’s compliance with section 65AG Section 100B inserted 1 July 2018 section 34 Land Transport Amendment Act 2017
100C: Court may impose alcohol interlock sentence if exception no longer applies
1: A person may apply to a court seeking an alcohol interlock sentence if—
a: an exception described in section 65AB(2) section 65AI
b: the exception no longer applies.
2: The court may cancel the person’s disqualification, and if it does so, the court must impose an alcohol interlock sentence. Section 100C inserted 1 July 2018 section 34 Land Transport Amendment Act 2017 Removal of licence suspension and return of impounded vehicles
101: Appeal to
Director
1: A person whose driver licence has been suspended under section 95 Director
a: the person was not the driver of the vehicle at the time of the act or omission to which that section applies; or
b: the enforcement officer did not have reasonable grounds of belief as required by section 95 or did not give a notice that complied with subsection (2) of that section.
2: An appeal under this section must be set out in a statutory declaration.
3: The Director
a: remove the suspension immediately, if satisfied that a ground referred to in subsection (1) has been established; or
b: dismiss the appeal.
4: If a suspension is removed under subsection (3)﻿(a), the suspension ceases to have effect when that decision is made and the Director Agency
5: The Director Section 101 heading amended 1 April 2021 section 95(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(1) amended 1 April 2021 section 95(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(3) amended 1 April 2021 section 95(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(4) amended 1 April 2021 section 95(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 101(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 101(5) amended 1 April 2021 section 95(4) Land Transport (NZTA) Legislation Amendment Act 2020
102: Appeal to Police against impoundment of vehicle
1: An owner whose motor vehicle has been seized and impounded under section 96 or section 96A
a: the impounded vehicle was a stolen or converted vehicle at the time of the seizure and impoundment; or
b: the enforcement officer who seized the vehicle did not have reasonable grounds of belief as required by section 96 or section 96A those sections
c: the owner did not know and could not reasonably have been expected to know that the driver was not permitted to drive; or
d: the owner took all reasonable steps to prevent the driver from driving the vehicle; or
e: the driver drove the vehicle in a serious medical emergency (which for the purpose of this paragraph includes carrying a person who is about to give birth) ; or
f: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3) 22AF 35(1)﻿(a) or (b) 39(1) 114
g: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3) 22AF 35(1)﻿(a) or (b) 39(1) 114
ga: if section 96(1AB)
i: was not the person driving the vehicle when the vehicle failed to stop (or remain stopped); and
ii: either—
A: did not know, and could not reasonably have been expected to know, the identity of the driver; or
B: has otherwise provided the information requested under section 118(4)
h: if section 96A
i: was disqualified from holding a transport service licence; or
ii: had the relevant transport service licence suspended or revoked; or
iii: did not hold a transport service licence and had previously been forbidden to operate a transport service.
2: An appeal under this section must be set out in a statutory declaration and lodged no later than 14 days after the date on which the vehicle is seized and impounded
3: An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1) has been established,—
a: the authorised officer must direct that the vehicle be released immediately to the owner or a person authorised by the owner; and
b: if a direction in respect of the vehicle has been given under section 96(1B)
4: The authorised officer must consider and determine the appeal as soon as reasonably practicable, and,—
a: in the case of an appeal lodged on the ground set out in subsection (1)﻿(a), determine the appeal not later than 2 working days after the day of lodgement:
b: in any other case, determine the appeal not later than 5 working days after the day of lodgement.
5: The authorised officer may refuse to consider an appeal under this section if satisfied that the appeal is frivolous or vexatious, or that the appellant has provided insufficient information. Section 102(1) amended 1 October 2007 section 56(1) Land Transport Amendment Act 2005 Section 102(1)﻿(b) amended 1 October 2007 section 56(2)﻿(a) Land Transport Amendment Act 2005 Section 102(1)﻿(b) amended 1 October 2007 section 56(2)﻿(b) Land Transport Amendment Act 2005 Section 102(1)﻿(e) amended 2 May 2003 section 9(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 102(1)﻿(f) replaced 5 April 2023 section 17 Criminal Activity Intervention Legislation Act 2023 Section 102(1)﻿(g) replaced 5 April 2023 section 17 Criminal Activity Intervention Legislation Act 2023 Section 102(1)﻿(ga) inserted 11 August 2017 section 43(3) Land Transport Amendment Act 2017 Section 102(1)﻿(h) added 1 October 2007 section 56(3) Land Transport Amendment Act 2005 Section 102(2) amended 1 December 2009 section 27(3) Land Transport (Enforcement Powers) Amendment Act 2009 Section 102(3) substituted 2 May 2003 section 9(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Grant of limited licence
103: Persons who may apply to court for limited licence
1: Unless prevented by subsection (2), the following persons may apply for an order under section 105
a: persons who are disqualified by an order made under this Act from holding or obtaining a driver licence:
b: persons who are subject to a licence suspension under section 90
2: The following persons may not apply under this section for an order under section 105
a: a person who is disqualified from holding or obtaining a driver licence by an order made under section 65
b: a person who is disqualified from driving a vehicle being used in a transport service (other than a rental service) by virtue of section 63
c: a person who is disqualified from holding or obtaining a driver licence by an order made on his or her conviction for an offence against section 32(1)
d: a person who is disqualified by an order made on his or her conviction—
i: for an offence against any of sections 35 36 38 39
ii: for an offence against any of sections 56 57A 57B 57C 58 60 61 62
iii: for an offence against section 33(1) ; or
iv: for an offence against a provision of the Transport Act 1962 committed within 5 years after the commission of any other offence specified in this paragraph and arising from a different incident (whether or not both offences are of the same kind, regardless of when convictions were entered for those offences):
e: a person who—
i: is subject to an alcohol interlock sentence under section 65AC
ii: would have been subject to an alcohol interlock sentence but an exception described in section 65AB(2)
f: a person in respect of whom a driver licence stop order is in effect. 1962 No 135 s 38(1)–(1B) Section 103(2)﻿(d)﻿(ii) amended 11 March 2023 section 31 Land Transport (Drug Driving) Amendment Act 2022 Section 103(2)﻿(d)﻿(iii) amended 22 June 2005 section 57 Land Transport Amendment Act 2005 Section 103(2)﻿(d)﻿(iv) added 22 June 2005 section 57 Land Transport Amendment Act 2005 Section 103(2)﻿(e) replaced 1 July 2018 section 35 Land Transport Amendment Act 2017 Section 103(2)﻿(f) inserted 1 November 2013 section 10 Land Transport Amendment Act 2011
104: Issue of limited licence to be delayed or prohibited in certain cases
1: No order may be made under section 105
a: for an offence against this Act or the Transport Act 1962
b: for an offence against any of sections 35 36 38 39
c: for an offence against any of sections 56 57A 57B 57C 58 60 61 62
d: for an offence against section 33(1)
e: for an offence against section 42
2: An order may be made under section 105 or endorsement
3: No order may be made under section 105
a: for the purposes of conducting driving tests or acting as a driving instructor; or
b: in a passenger service, unless the accumulation of demerit points is the only reason for the suspension of that person's driver licence.
4: Unless the parties agree in a particular case that compliance with this subsection is not required, no order may be made under section 105 1962 No 135 s 38(2)﻿(a)–(c) Section 104(1)﻿(c) amended 11 March 2023 section 32 Land Transport (Drug Driving) Amendment Act 2022 Section 104(2) amended 10 May 2011 section 65 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 104(3) substituted 22 June 2005 section 58 Land Transport Amendment Act 2005
105: Court may make order authorising grant of limited licence
1: A court may at any time make an order under this section authorising the applicant to obtain, immediately or after the expiration of such period as the court may specify, a driver licence ( a limited licence
2: The court may make an order under this section if satisfied that—
a: the disqualification or suspension has resulted or will result in—
i: extreme hardship to the applicant (whether in relation to employment or otherwise); or
ii: undue hardship to a person other than the applicant (whether in relation to employment or otherwise); and
ab: the applicant meets the criteria specified in sections 103 104
b: an order under this section is not contrary to the interests of public safety.
3: In making an order under this section, the court—
a: must specify—
i: the purpose for which the limited licence is issued; and
ii: the particular vehicle or the type of vehicle which may be driven; and
iii: the days of the week and times at which that vehicle may be driven; and
iv: such other matters as may be necessary to limit the order to alleviating the hardship which was alleged and proved; and
b: may specify in the order such other matters as the court thinks fit.
4: If the application relates to a disqualification order made by the District Court
5: If an application under this section is refused,—
a: the court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but
b: otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.
6: Subject to subsection (6A) and section 30(5) Director
a: the person's driver licence is suspended under section 90
b: the person is disqualified from holding or obtaining a driver licence.
6A: If, after the court makes an order under this section, the Director sections 103 104 Director
a: decline to issue the limited licence; and
b: refer the applicant to the right of appeal under section 106
7: If the holder of a limited licence, or a person who is authorised to obtain a limited licence but has not become the holder of such a licence, is convicted of an offence for which an order of disqualification is imposed,—
a: the limited licence is
b: unless the court orders otherwise, the period of disqualification under the revived order of disqualification runs concurrently with the order of disqualification in respect of the second offence.
7A: If a driver licence stop order takes effect in respect of a person who holds a limited licence or is authorised to obtain a limited licence, then the limited licence—
a: is revoked or may not be issued (as the case may be); and
b: may, when a driver licence stop order is cancelled under section 91G section 91H
8: A person who holds a limited licence that is revoked under subsection (7) must immediately surrender their photographic driver licence to the court by which the person was convicted, to an enforcement officer, or at an office of the Agency (whether or not demand is made on the person).
8A: The holder of a limited licence that is revoked under subsection (7A) must immediately, and whether demand is made on the holder or not, surrender his or her photographic driver licence to an employee or agent of the Ministry of Justice or at an office of that Ministry or at the court.
9: Despite section 104(3)﻿(b) 1962 No 135 s 38(2)–(9) Section 105(2)﻿(ab) inserted 10 May 2011 section 66(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 105(4) amended 1 March 2017 section 261 District Court Act 2016 Section 105(6) substituted 23 July 2011 section 11(1) Land Transport Amendment Act 2011 Section 105(6) amended 1 April 2021 section 96(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(6A) inserted 10 May 2011 section 66(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 105(6A) amended 1 April 2021 section 96(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(7)﻿(a) amended 23 July 2011 section 11(2) Land Transport Amendment Act 2011 Section 105(7A) inserted 1 November 2013 section 11(3) Land Transport Amendment Act 2011 Section 105(8) replaced 1 April 2021 section 96(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 105(8A) inserted 1 November 2013 section 11(5) Land Transport Amendment Act 2011 Section 105(9) added 22 June 2005 section 59 Land Transport Amendment Act 2005 Rights of appeal
106: General right of appeal to District Court
1: Any person who is dissatisfied with any decision made under this Act by the Director the District Court
2: The court may confirm, reverse, or modify the decision appealed against.
3: Every decision of the Director
4: Even though an appeal under this section may have been determined in favour of the appellant, the Director
5: Subsection (1) does not apply—
a: if a right of appeal to the District Court against the decision concerned is conferred by any other section of this Act:
b: to any decision made in relation to a class exemption, including a decision to grant (or not to grant), to amend, or to revoke a class exemption. Section 106(1) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(1) amended 1 March 2017 section 261 District Court Act 2016 Section 106(3) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(4) amended 1 April 2021 section 97 Land Transport (NZTA) Legislation Amendment Act 2020 Section 106(5) replaced 1 April 2021 section 6 Regulatory Systems (Transport) Amendment Act 2021
107: Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification
1: A person who has been disqualified by order of the District Court the District Court
a: refusing to grant the person a limited licence; or
b: refusing to reduce the person's disqualification.
2: If it thinks fit, the District Court Part 6 Criminal Procedure Act 2011
2A: If the District Court refuses to defer the operation of the disqualification order pending the appeal, the person who applied for the disqualification order to be deferred may appeal to the High Court against that decision of the District Court.
2B: Subpart 2
3: A person who is disqualified by an order of the High Court from holding or obtaining a driver licence may, with the leave of the Court of Appeal, appeal to that court against a decision of the High Court—
a: refusing to grant the person a limited licence; or
b: refusing to remove the person's disqualification;— and the provisions of subpart 2
4: If an application is made to the Court of Appeal for leave to appeal to that court against a sentence of the District Court
5: If any such appeal to the High Court or Court of Appeal is allowed, whether in whole or in part, the Registrar of the High Court must notify the Director
6: In determining the period for which a person is disqualified from holding or obtaining a licence, any time during which the operation of the disqualification order is deferred under this section must be disregarded. 1962 No 135 s 41 Section 107(1) substituted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(1) amended 1 March 2017 section 261 District Court Act 2016 Section 107(2) substituted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2) amended 1 March 2017 section 261 District Court Act 2016 Section 107(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(2A) inserted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2B) inserted 22 June 2005 section 60 Land Transport Amendment Act 2005 Section 107(2B) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 107(4) amended 1 March 2017 section 261 District Court Act 2016 Section 107(5) amended 1 April 2021 section 98 Land Transport (NZTA) Legislation Amendment Act 2020
108: Appeal against
Director’s
1: A person may appeal to the District Court against the refusal of the Director
a: remove a disqualification under section 100
b: replace an alcohol interlock licence with a zero alcohol licence under section 100A
2: In determining the appeal, the court may—
a: direct the Director
b: dismiss the appeal. Section 108 replaced 1 July 2018 section 36 Land Transport Amendment Act 2017 Section 108 heading amended 1 April 2021 section 99(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 108(1) amended 1 April 2021 section 99(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 108(2)﻿(a) amended 1 April 2021 section 99(3) Land Transport (NZTA) Legislation Amendment Act 2020
109: Appeal against refusal of
Director
1: A person who unsuccessfully appeals to the Director section 101 the District Court
2: The court must determine the appeal on 1 or more of the grounds set out in subsection (1) or subsection (5) of section 101
3: The court may—
a: direct that the suspension be removed, in which case that direction has effect as if it had been made under section 101 Director
b: dismiss the appeal. Section 109 heading amended 1 April 2021 section 100(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(1) amended 1 April 2021 section 100(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(1) amended 1 March 2017 section 261 District Court Act 2016 Section 109(3)﻿(a) amended 1 April 2021 section 100(3) Land Transport (NZTA) Legislation Amendment Act 2020
110: Appeal against refusal of Police to direct release of impounded vehicle
1: A person who unsuccessfully appeals to an enforcement officer under section 102 the District Court
1A: If a person fails to lodge an appeal under section 102 the District Court
1B: An enforcement officer may agree in writing to an appeal under subsection (1A) if the enforcement officer is satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified under section 102(2)
2: The court must determine the appeal on 1 or more of the applicable section 102
3: The court may—
a: make an order—
i: directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102
ii: if an enforcement officer has given a direction in respect of the vehicle under section 96(1B)
b: dismiss the appeal. Section 110(1) amended 1 March 2017 section 261 District Court Act 2016 Section 110(1A) inserted 1 December 2009 section 28 Land Transport (Enforcement Powers) Amendment Act 2009 Section 110(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 110(1B) inserted 1 December 2009 section 28 Land Transport (Enforcement Powers) Amendment Act 2009 Section 110(2) amended 2 May 2003 section 10(1) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 Section 110(3) substituted 2 May 2003 section 10(2) Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003
111: Procedure
1: Every appeal under this Act to the District Court
2: In dealing with an appeal under this Act, the District Court
3: Every such appeal must be made and determined in accordance with the District Court Act 2016
4: Subject to sections 107 111A 111B Section 111(1) amended 1 March 2017 section 261 District Court Act 2016 Section 111(2) amended 1 March 2017 section 261 District Court Act 2016 Section 111(3) amended 1 March 2017 section 261 District Court Act 2016 Section 111(4) amended 1 October 2007 section 61(2) Land Transport Amendment Act 2005
111A: Appeal to High Court on question of law
1: A party to an appeal under section 106
2: An appeal under this section must be heard and determined in accordance with the rules of the High Court. Section 111A inserted 1 October 2007 section 61(1) Land Transport Amendment Act 2005
111B: Further appeal to Court of Appeal
1: This section applies to appeals under this Act with respect to the offences specified in Part 6A
2: If this section applies, a party to an appeal who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.
3: The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.
4: The decision of the Court of Appeal on an appeal or any application for leave to appeal is final.
5: Except as provided in this section, the procedures in respect of an appeal under this section must be in accordance with the ordinary rules of court. 1989 No 74 s 46 Section 111B inserted 1 October 2007 section 61(1) Land Transport Amendment Act 2005 Demerit points
112: Effect of appeal on demerit points
1: If a person appeals against a conviction for an offence to which section 88
a: no demerit points may be recorded in relation to the offence pending the determination of the appeal:
b: a recording of demerit points made in relation to the offence before the filing of the notice of appeal and any disqualification imposed as a result is cancelled:
c: if on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or is dismissed for want of prosecution, demerit points must be recorded in relation to the offence.
2: The Registrar of the court in which the appellant was convicted must notify the Director
3: If a conviction for an offence to which section 88 Director Section 112(2) amended 1 April 2021 section 101 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112(3) amended 1 April 2021 section 101 Land Transport (NZTA) Legislation Amendment Act 2020 Enforceable undertakings Heading inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020
112A: Director
1: The Director the contravention or alleged contravention
2: However, the Director may and the Director
a: the undertaking; and
b: the contravention or alleged contravention.
3: The Director Director sections 36AA 38 39 61 62
4: The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
5: To avoid doubt, the costs and expenses of the Agency or the Director or the Director Section 112A inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A heading amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112A(5) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112B: Notice of decision and reasons for decision
1: The Director
a: the Director’s
b: the reasons for the decision.
2: The Director Section 112B inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(1)﻿(a) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112B(2) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112C: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the Director’s Director Section 112C inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112C amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112D: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction,—
a: for an individual, to a fine not exceeding $20,000:
b: for a body corporate, to a fine not exceeding $100,000. Section 112D inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020
112E: Contravention of enforceable undertaking
1: The Director
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Director
a: the costs of the proceedings; and
b: the reasonable costs of the Director
4: This section does not prevent proceedings being brought for the contravention or alleged contravention to which the enforceable undertaking relates. Section 112E inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112E(3)﻿(b) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112F: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the Director
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention.
3: The Director Section 112F inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112F(1) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112F(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
112G: Proceedings for contravention or alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or alleged contravention may be brought against a person if an enforceable undertaking is in effect in relation to that contravention or alleged contravention.
2: No proceedings may be brought for a contravention or alleged contravention against a person who—
a: has made an enforceable undertaking in relation to that contravention or alleged contravention; and
b: has completely discharged the enforceable undertaking.
3: The Director
4: If the Director Director Section 112G inserted 1 September 2020 section 102 Land Transport (NZTA) Legislation Amendment Act 2020 Section 112G(3) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 112G(4) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
9: Enforcement of responsibilities
General enforcement powers
113: Enforcement officers may enforce transport legislation
1: An enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may enforce the provisions of—
a: Local Government Act 1974 the Local Government Act 2002 Road User Charges Act 2012 Government Roading Powers Act 1989 Railways Act 2005 the Land Transport Management Act 2003
b: regulations and rules and bylaws in force under any Acts mentioned in paragraph (a).
2: Without limiting any other powers conferred on an enforcement officer, an enforcement officer, in enforcing any provisions referred to in subsection (1), may at any time—
a: direct a person on a road (whether or not in charge of a vehicle) to give the person's full name, full address, date of birth, occupation, and telephone number,
b: inspect, test, and examine—
i: the brakes or any other part of a vehicle on a road or any associated equipment; or
ii: a land transport document, or a document resembling a land transport document, displayed or carried on the vehicle:
c: if the enforcement officer believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to a vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
i: enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
ii: move, or authorise another person to move, the vehicle to a place where it does not constitute a traffic hazard:
d: direct the driver or person in charge of a vehicle on a road to remove the vehicle from the road or a specified part of a road, if the officer believes on reasonable grounds that it causes an obstruction in the road or to a vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public:
e: forbid an unlicensed driver to drive a motor vehicle:
f: forbid a person who is operating a transport service without a licence to operate that transport service.
3: An enforcement officer in uniform or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on a road, may—
a: direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal, as the case may be, or to cause it to proceed in or keep to a particular line of traffic or direction:
b: direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).
4: In paragraphs (c) and (d) of subsection (2), road 1962 No 135 s 68B Section 113(1)﻿(a) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 113(1)﻿(a) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 113(1)﻿(a) amended 10 May 2011 section 67 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 113(1)﻿(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 113(1)﻿(a) amended 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 113(1)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 113(1)﻿(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 113(1)﻿(a) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 113(1)﻿(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 113(2)﻿(a) amended 1 December 2009 section 29 Land Transport (Enforcement Powers) Amendment Act 2009 Section 113(2)﻿(f) added 1 October 2007 section 62 Land Transport Amendment Act 2005
113A: Power to inspect records
1: For the purpose of ascertaining whether this Act has been or is being complied with by any person to whom this Act applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce without delay for inspection all relevant books or records in that person's possession or over which that person has control, including (but not limited to) records kept under section 65
2: The enforcement officer may take extracts from or make copies of any books or records so produced. 1989 No 74 s 63A Section 113A inserted 1 October 2007 section 63 Land Transport Amendment Act 2005 Section 113A(1) amended 11 August 2017 section 52 Land Transport Amendment Act 2017
114: Power to require driver to stop and give name and address, etc
1: An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle to stop the vehicle as soon as is practicable.
2: An enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop.
2A: Subject to subsections (4) and (5), the driver of a vehicle that is stopped by an enforcement officer under this Act must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Act.
3: An enforcement officer may require the driver of a vehicle that is stopped under this Act to—
a: remain stopped for as long as is reasonably necessary for an enforcement officer to obtain the particulars referred to in paragraph (b), or to complete the exercise of any other power conferred on an enforcement officer by this Act; and
b: on demand by an enforcement officer,—
i: give his or her full name, full address, date of birth, occupation, and telephone number,
ii: state whether or not he or she is the owner of the vehicle; and
iii: if the driver is not the owner of the vehicle, give the name and address of the owner or such particulars within the driver's knowledge as may lead to the identification of the owner.
4: The driver of a vehicle that is stopped under subsection (2) is not obliged to remain stopped if the vehicle with flashing lights and siren does not itself stop in the near vicinity of the place where the driver has stopped.
5: An enforcement officer may require a driver to remain stopped on a road for as long as is reasonably necessary to enable the officer to establish the identity of the driver, but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.
6: An enforcement officer may arrest a person without warrant if the officer has good cause to suspect the person of having—
a: failed to comply with this section or a signal or request or requirement under this section; or
b: given false or misleading information under this section. 1962 No 135 s 66 Section 114(2A) inserted 22 June 2005 section 64 Land Transport Amendment Act 2005 Section 114(3)﻿(b)﻿(i) amended 1 December 2009 section 30 Land Transport (Enforcement Powers) Amendment Act 2009
115: Enforcement officers may give directions prohibiting driving of vehicles
1: An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—
a: affix or cause to be affixed to the vehicle a notice in the form approved by the Minister Gazette
b: give the driver or owner of the vehicle a notice in a form approved by the Minister Gazette
2: A notice given under subsection (1) continues in force until the vehicle—
a: has been inspected by a person authorised by the Director
b: the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
c: new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director
2A: Despite subsection (2), the enforcement officer may specify that the notice in subsection (1) continues in force until—
a: the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
b: the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.
3: An enforcement officer who believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road, may—
a: affix or cause to be affixed to the vehicle a notice to that effect in a form approved by the Minister Gazette
b: give the driver or owner of the vehicle a notice in a form approved by the Director Gazette
i: it has been inspected by a person authorised by the Director
ii: the person is satisfied that the vehicle is in a safe condition for driving on the road; and
iii: new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director
3A: When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.
3B: If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.
4: A notice under subsection (1) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise.
5: A notice under subsection (3) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair.
6: A notice given by the Minister Gazette Minister 1962 No 135 s 68B(2A) Section 115(1) substituted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(1)﻿(a) amended 7 August 2011 section 68(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(1)﻿(b) amended 7 August 2011 section 68(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(2) substituted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(2)﻿(a) amended 1 April 2021 section 103(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(2)﻿(c) amended 1 April 2021 section 103(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(2A) inserted 16 January 2006 section 65 Land Transport Amendment Act 2005 Section 115(3)﻿(a) amended 7 August 2011 section 68(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 115(3)﻿(b) amended 1 April 2021 section 103(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3)﻿(b)﻿(i) amended 1 April 2021 section 103(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3)﻿(b)﻿(iii) amended 1 April 2021 section 103(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 115(3A) inserted 1 December 2009 section 31 Land Transport (Enforcement Powers) Amendment Act 2009 Section 115(3B) inserted 1 December 2009 section 31 Land Transport (Enforcement Powers) Amendment Act 2009 Section 115(6) amended 7 August 2011 section 68(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
116: Enforcement of directions
1: An enforcement officer may arrest without warrant a person whom the officer has good cause to suspect has failed to comply with a direction given under section 98E , 113 , or 115
2: A person charged with an offence of contravening a prohibition imposed under section 115(3) 1962 No 135 s 68B(1C) Section 116(1) amended 2 January 2020 section 5 Land Transport (Wheel Clamping) Amendment Act 2019
117: Moved vehicle not to be damaged and to be returned to person entitled to possession
1: A person who is authorised by an enforcement officer to—
a: enter a vehicle for the purpose of moving it or preparing it for movement; or
b: move a vehicle to a place where it does not constitute a traffic hazard; or
c: impound a vehicle— may do so, but must do everything reasonably necessary to ensure that the vehicle and personal property in or on the vehicle are not damaged.
2: A person who—
a: has possession of a vehicle as a result of its being moved under section 113(2)﻿(c)
b: when requested at a reasonable time to do so by a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle immediately before it was moved,— must release the vehicle to that person immediately. 1962 No 135 s 68B(5)
118: Requirement to give information as to identity of driver or passenger
1: If an enforcement officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of the vehicle, the officer may request the owner or hirer of the vehicle to give all information in his or her possession or obtainable by him or her which may lead to the identification and apprehension of the driver of the vehicle.
2: If an enforcement officer has reasonable cause to believe that a passenger of a vehicle has committed an offence in or through the use of the vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence, the officer may request the owner or hirer of the vehicle to give all information which may lead to the identification and apprehension of the passenger.
3: A request under subsection (1) or subsection (2) or subsection (6) or licence holder
4: If a vehicle failed to stop or remain stopped in contravention of section 114 or hirer or hirer
5: Subsection (4) does not apply if the owner or hirer
6: If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the full name and address of the driver. 1962 No 135 s 67 s 32(1) Section 118 heading replaced 11 August 2017 section 44(1) Land Transport Amendment Act 2017 Section 118(3) amended 1 October 2007 section 66(2)﻿(a) Land Transport Amendment Act 2005 Section 118(3) amended 1 October 2007 section 66(2)﻿(b) Land Transport Amendment Act 2005 Section 118(4) amended 11 August 2017 section 44(2)﻿(a) Land Transport Amendment Act 2017 Section 118(4) amended 11 August 2017 section 44(2)﻿(b) Land Transport Amendment Act 2017 Section 118(5) amended 11 August 2017 section 44(3) Land Transport Amendment Act 2017 Section 118(6) added 1 October 2007 section 66(3) Land Transport Amendment Act 2005 Section 118 compare note substituted 1 October 2007 section 66(4) Land Transport Amendment Act 2005 Powers of entry, arrest, immobilisation, and impoundment
119: Powers of entry
1: An enforcement officer may exercise the powers conferred by subsection (2) if the enforcement officer—
a: has good cause to suspect that a person—
i: has contravened a request or requirement or demand made under section 114
ii: has also committed or is committing an offence against section 35(1)﻿(a)
b: is freshly pursuing that person.
2: The enforcement officer may, without warrant, in the course of the pursuit enter, by force if necessary, any premises which the person has entered, for either or both of the following purposes:
a: determining whether or not a power conferred on an enforcement officer by section 68 69 71A
b: exercising or completing the exercise of any such power in respect of that person (as if the person were in a motor vehicle on a road).
2A: The provisions of Part 4 subpart 3
(3): An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96 96A 123
a: if—
i: an enforcement officer has been freshly pursuing the vehicle; or
ii: it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or
iii: an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of an imprisonable offence (within the meaning of section 5
b: if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)﻿(ii) or (iii).
4: For the purposes of seizing and impounding a vehicle under section 96 or section 96A section 123
5: An enforcement officer may apply, in the manner provided for an application for a search warrant in subpart 3 section 3 section 96 or section 96A section 123 issuing officer
6: The provisions of Part 4 subpart 3
7: An enforcement officer who enters any premises under this section may not exercise on those premises any power of arrest conferred by this Act other than a power of arrest conferred by any of sections 68(3) 69(6) 120 1962 No 135 s 66A Section 119(2)﻿(a) amended 11 March 2023 section 33 Land Transport (Drug Driving) Amendment Act 2022 Section 119(2A) inserted 1 October 2012 section 268(2) Search and Surveillance Act 2012 Section 119(3) replaced 1 October 2012 section 268(3) Search and Surveillance Act 2012 Section 119(3)﻿(a)﻿(iii) amended 17 December 2016 section 61(1) Statutes Amendment Act 2016 Section 119(4) amended 1 October 2007 section 67(2) Land Transport Amendment Act 2005 Section 119(5) amended 17 December 2016 section 61(2) Statutes Amendment Act 2016 Section 119(5) amended 1 October 2012 section 268(4) Search and Surveillance Act 2012 Section 119(5) amended 1 October 2007 section 67(3) Land Transport Amendment Act 2005 Section 119(6) replaced 1 October 2012 section 268(5) Search and Surveillance Act 2012
120: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
1: An enforcement officer may arrest a person without warrant if the officer has good cause to suspect that the person—
a: has committed an offence against any of sections 58 to 62
b: has assaulted that or any other enforcement officer while the officer was acting in the course of the officer's official duties.
1A: An enforcement officer may arrest a person without warrant if the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71F
2: A person assisting an enforcement officer may arrest without warrant a person referred to in subsection (1)﻿(b).
3: A person other than a constable constable
4: The obligation in subsection (3) does not apply until the completion of the exercise of any powers that may be exercised under this Act in respect of the arrested person or any vehicle driven by that person.
5: The powers conferred by this section are in addition to any other powers of arrest under this Act. 1962 No 135 ss 62 62A 62B Section 120(1A) inserted 1 November 2009 section 22 Land Transport Amendment Act 2009 Section 120(1A) amended 11 March 2023 section 34 Land Transport (Drug Driving) Amendment Act 2022 Section 120(3) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008
121: Enforcement officer may immobilise vehicle, etc,
in specified circumstances
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—
a: either—
i: a person who is for the time being in charge of a motor vehicle,—
A: because of his or her physical or mental condition (however arising), is incapable of having proper control of the vehicle; or
B: has not completed a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71F
C: has failed or refused to undergo a compulsory impairment test when required to do so under section 71F
D: has failed or refused to permit a blood specimen to be taken when required to do so by an enforcement officer under section 72(1)﻿(a) or (e)
ii: the requirements of any enactment concerning work time or rest time
b: in all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.
2: The enforcement officer may—
a: forbid that person to drive a motor vehicle for such period as the enforcement officer specifies:
b: direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:
c: take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up immediately all such keys:
d: take such steps as may be necessary to render the vehicle immobile or to remove it to a place where it does not constitute a traffic hazard.
3: The period for which an enforcement officer forbids a person to drive under subsection (2)﻿(a) must, where the person has undergone an evidential breath test and it appears to the enforcement officer that the test is positive,
4: An enforcement officer may arrest without warrant a person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section. 1962 No 135 s 63 Section 121 heading amended 10 May 2011 section 70 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 121(1)﻿(a)﻿(i) replaced 11 August 2017 section 93 Land Transport Amendment Act 2017 Section 121(1)﻿(a)﻿(i)﻿(B) amended 11 March 2023 section 35(1) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)﻿(a)﻿(i)﻿(C) amended 11 March 2023 section 35(1) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)﻿(a)﻿(i)﻿(D) inserted 11 March 2023 section 35(2) Land Transport (Drug Driving) Amendment Act 2022 Section 121(1)﻿(a)﻿(ii) amended 1 October 2007 section 68 Land Transport Amendment Act 2005 Section 121(3) amended 1 December 2014 section 14 Land Transport Amendment Act (No 2) 2014
121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person.
2: The enforcement officer may—
a: forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
b: direct the person to drive to a specified place (for example, the person's home):
c: take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
d: take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.
3: An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2).
4: The power to take possession under subsection (2)﻿(c) or to immobilise or move under subsection (2)﻿(d) continues until—
a: the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
b: another person is able to drive the vehicle without breaching—
i: that person's licence:
ii: any enactment. Section 121A inserted 1 December 2009 section 32 Land Transport (Enforcement Powers) Amendment Act 2009
122: Enforcement officer may seize and impound vehicle for up to 12 hours in emergency
1: If an enforcement officer believes on reasonable grounds that it is in the interests of public safety that a motor vehicle should be seized and impounded, and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may seize and impound, or authorise the impoundment of, the vehicle for such period (which may not exceed 12 hours) as is required to secure those interests.
2: If an enforcement officer believes on reasonable grounds that it is in the interests of public safety for a vehicle to remain impounded under this section for a further period and that it is unlikely that those interests could be secured by exercising powers conferred other than by this section, the officer may extend by up to 12 hours the period for which the vehicle was impounded under subsection (1).
3: Sections 96(4) 97 98
123: Enforcement officer may seize and impound vehicle for up to
10 working days in relation to certain offences
1: An enforcement officer may seize and impound a motor vehicle for such period (which may not exceed 10 working days
a: the vehicle has been involved in a serious traffic accident or a hit and run offence; or
b: a driver has failed to stop (or remain stopped) as signalled, requested, or required under section 114
2: Section 96(4) section 97
3: A constable who is of or above the level of position of inspector person registered under Part 17 10 working days
4: For the purposes of this section,— hit and run offence Crimes Act 1961 section 22 serious traffic accident Section 123 heading amended 1 April 2021 section 7(1) Regulatory Systems (Transport) Amendment Act 2021 Section 123 heading amended 11 August 2017 section 45(1) Land Transport Amendment Act 2017 Section 123(1) amended 1 April 2021 section 7(2) Regulatory Systems (Transport) Amendment Act 2021 Section 123(1)﻿(b) replaced 11 August 2017 section 45(2) Land Transport Amendment Act 2017 Section 123(3) amended 1 April 2021 section 7(2) Regulatory Systems (Transport) Amendment Act 2021 Section 123(3) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 123(3) amended 1 October 2008 section 116(b) Policing Act 2008 Enforcement powers for offences involving certain vehicles
124: Inspection of vehicles required to have evidence of vehicle inspection and certificate of loading
An enforcement officer may, at a reasonable time, exercise all or any of the following powers in respect of a vehicle that is required under this Act to have current evidence of vehicle inspection and a certificate of loading:
a: require the owner or person for the time being in charge of the vehicle to produce current evidence of vehicle inspection and a current certificate of loading for that vehicle:
b: stop, enter, and inspect any such vehicle while it is in use on a road:
c: make a reasonable running test of the vehicle at the expense of the owner:
d: require the owner or person for the time being in charge of the vehicle to provide reasonable assistance in the conduct of any such inspection or running test. 1962 No 135 s 80
125: Stopping, inspection, and weighing of heavy vehicles and certain transport service vehicles
1: An enforcement officer may at any time exercise all or any of the following powers in respect of a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle) on a road:
a: inspect the load on the vehicle:
b: measure, or require to be measured, the weight of the vehicle or the weight on any of its axles:
c: direct the driver or person in charge of the vehicle to drive the vehicle to a site and on to a weighing device specified by the enforcement officer for the purpose of enforcing the provisions of this Act or the Road User Charges Act 2012
2: The power conferred by subsection (1)﻿(c) is also exercisable in respect of a vehicle an enforcement officer believes to be a heavy motor vehicle or transport service vehicle (other than a light rental service vehicle).
3: Except where the driver has failed to stop when directed under subsection (4), nothing in subsection (1) authorises an enforcement officer to direct the driver or person in charge, in order to drive the vehicle to a site or weighing device, to travel a distance that would increase the total length of the journey by—
a: more than 5 km; or
b: more than 10 km, if the site where the vehicle has been brought to a stop is unsuitable for weighing the vehicle because—
i: doing so may pose a safety risk to other road users or to the enforcement officer; or
ii: the site is not level enough for accurate weighing.
4: The driver of a heavy motor vehicle or goods service vehicle must, whenever directed by a sign specifying that that particular vehicle or vehicles of that vehicle’s class must stop Section 125(1)﻿(c) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 125(3)﻿(b) replaced 11 August 2017 section 53(1) Land Transport Amendment Act 2017 Section 125(4) amended 11 August 2017 section 53(2) Land Transport Amendment Act 2017
126: Off-loading of
overloaded
1: An enforcement officer must direct the driver of a heavy motor vehicle or transport service vehicle on a road to keep the vehicle stopped or remove it to a place of safety approved by the officer and remain stopped there, if—
a: the mass
b: the gross mass mass exceeds by at least 10% or by 2 000 kg (whichever is the lesser)
i: a prescribed mass
ii: a mass
2: The vehicle must remain at the place to which it is directed under subsection (1) until either—
a: part of the load is removed or the load rearranged so as to reduce the gross mass mass
i: the maximum prescribed mass
ii: a mass
b: a permit in writing is issued under this Act to permit the motor vehicle to proceed along a road with its load.
3: If a motor vehicle stopped under subsection (1) is a passenger service vehicle, and a suitable alternative vehicle is available within a reasonable time, the passengers must be transferred to that alternative vehicle; but, if a suitable alternative vehicle is not available within a reasonable time, the passenger service vehicle must be permitted to proceed at a low speed, under the escort of an enforcement officer, to a safe location that is suitable for handling the passengers and has adequate communications facilities.
4: If—
a: the mass mass
b: the gross mass mass exceeds by at least 10% or by 2 000 kg (whichever is the lesser) mass the enforcement officer must, by direction given to the driver or person in charge of the motor vehicle, direct that the motor vehicle may not be driven on to the bridge until the load or part of the load is removed so as to reduce the gross mass mass
5: Subsection (4) overrides subsection (3). 1962 No 135 s 69A(2), (2AA), (2A) Section 126 heading amended 11 August 2017 section 54(1) Land Transport Amendment Act 2017 Section 126(1)﻿(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)﻿(b) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)﻿(b) amended 11 August 2017 section 54(3) Land Transport Amendment Act 2017 Section 126(1)﻿(b)﻿(i) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(1)﻿(b)﻿(ii) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)﻿(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)﻿(a)﻿(i) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(2)﻿(a)﻿(ii) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)﻿(a) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)﻿(b) amended 11 August 2017 section 54(2) Land Transport Amendment Act 2017 Section 126(4)﻿(b) amended 11 August 2017 section 54(4) Land Transport Amendment Act 2017
127: Protection against claims resulting from action under section 125 or section 126
1: None of the following, namely,—
a: the Crown; or
b: any enforcement officer; or
c: any employer of an enforcement officer who is not a constable is liable for any loss or damage to a vehicle or its load arising directly or indirectly from the stopping of the vehicle or the removal of any part of its load under a direction given under section 125 section 126
2: This section does not apply if the enforcement officer concerned acted without good faith or if his or her omission or neglect is a major departure from the standard of care expected of a reasonable person in the circumstances. 1962 No 135 s 69A(5) Section 127(1)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
128: Enforcement officer to order heavy vehicle to stop until load secured
1: An enforcement officer who has good cause to suspect that the load or part of the load on a heavy motor vehicle, or on a vehicle being towed by a heavy motor vehicle, on a road is not secured and contained in such a manner that it cannot fall or escape from the vehicle must direct the driver or person in charge of the vehicle, if necessary, that the vehicle be stopped.
2: The enforcement officer must also direct that—
a: the vehicle be kept stopped; or
b: the vehicle be moved to a place of safety approved by the officer and be kept stopped at that place— until the load or part of the load is secured and contained in such a manner that it cannot fall or escape from the vehicle, or is removed from the vehicle. 1962 No 135 s 70A
128A: Enforcement officer's powers in respect of non-complying small passenger service vehicles
An enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with 1989 No 74 s 37(2) Section 128A inserted 1 October 2007 section 69 Land Transport Amendment Act 2005 Section 128A amended 1 October 2017 section 86 Land Transport Amendment Act 2017
128B: Enforcement officer's powers in respect of non-complying vehicle recovery service vehicles
Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any vehicle recovery service vehicle that is not in compliance with any rule or regulation to cease making the vehicle available for towing or carrying until such time as the vehicle is in compliance with the rules or regulations. 1989 No 74 s 38(2) Section 128B inserted 1 October 2007 section 69 Land Transport Amendment Act 2005
128C: Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements
1: This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.
2: If this section applies, an enforcement officer may direct the driver of that vehicle to—
a: drive the vehicle to a specified place for vehicle inspection; and
b: subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.
3: Except where the driver has failed to stop when directed under subsection (4) or section 114
4: The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—
a: take any action under subsection (2); or
b: complete the exercise of any other power conferred on an enforcement officer by this Act. Section 128C inserted 1 December 2009 section 33 Land Transport (Enforcement Powers) Amendment Act 2009
128D: Appointment of parking wardens
1: A local authority may appoint a person to hold the office of parking warden.
2: A person who holds the office of parking warden at the commencement of this section is to be treated as having been appointed under subsection (1).
3: A parking warden may perform the functions and duties, and exercise the powers, of a parking warden that are conferred or imposed by or under this or any other Act only on a road within the district or region of the local authority that appointed the parking warden.
4: A local authority that appoints a person under subsection (1) is liable for the actions of that person as a parking warden in all respects as if—
a: that person were an officer or employee of the local authority (whether or not that is the case); and
b: any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority. Section 128D inserted 10 May 2011 section 71 Land Transport (Road Safety and Other Matters) Amendment Act 2011
128E: Powers of parking wardens
1: A parking warden in uniform or in possession of a warrant or other evidence of authority as a parking warden—
a: may enforce the provisions of any stationary vehicle offence or special vehicle lane offence:
b: may, in relation to enforcing the provisions of any stationary vehicle offence or special vehicle lane offence, direct any person on any road, and apparently in charge of or in any vehicle, to—
i: provide the person’s full name and full address and give any other identifying particulars required as to the person’s identity (for example, the person’s date of birth, occupation, and telephone number):
ii: give any information that is within the person’s knowledge and that may lead to the identification of the driver or person in charge of any vehicle (for example, the other person’s full name, full address, date of birth, occupation, and telephone number):
c: may direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that—
i: the vehicle causes an obstruction in the road or to any vehicle entrance to any property; or
ii: the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public:
d: may, if the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
i: enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
ii: move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard.
2: Every person commits an offence and is liable on conviction
a: fails to comply with any direction given under subsection (1)﻿(b); or
b: gives, in response to a direction given under subsection (1)﻿(b), any information that the person knows to be false.
3: Every person to whom any direction is given under the authority of subsection (1) must comply with the direction, and no person may do any act that is for the time being forbidden by any direction given under the authority of subsection (1).
4: A person who is authorised by a parking warden to enter a vehicle for the purpose of moving it or preparing it for movement or to move a vehicle to a place where it does not constitute a traffic hazard may do so, but must do everything reasonably necessary to ensure that the vehicle is not damaged while doing so.
5: Every person commits an offence and is liable on conviction
a: has possession of a vehicle as a result of its being moved under subsection (1)﻿(d); and
b: fails to deliver possession of the vehicle, as soon as practicable, to a person who produces satisfactory evidence, at any reasonable time, to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved. Section 128E inserted 10 May 2011 section 71 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 128E(1)﻿(b) replaced 1 August 2012 section 12 Land Transport Amendment Act 2011 Section 128E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 128E(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
128F: Powers of enforcement officers in relation to public transport service fares
1: An enforcement officer may direct a person to provide evidence that the person has paid a public transport service fare that the person is liable to pay.
2: If a person fails to provide evidence of payment after a direction is given under subsection (1), the enforcement officer may—
a: direct the person to provide the person’s full name, full address, telephone number, and date of birth; and
b: direct the person not to board, or direct the person to disembark, the public transport service concerned. Section 128F inserted 11 August 2017 section 38 Land Transport Amendment Act 2017 Dangerous goods
129: Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules
1: An enforcement officer or dangerous goods enforcement officer who has good cause to suspect a breach of rules relating to the carriage of dangerous goods involving a vehicle
a: may direct the driver or person in charge of the vehicle to stop the vehicle or that the vehicle remain stopped; and
b: for the purposes of this subsection, has the powers conferred by section 132
2: An enforcement officer or dangerous goods enforcement officer may also direct that—
a: the vehicle be kept stopped; or
b: the vehicle be moved to a place of safety approved by the officer and remain stopped at that place— until the officer is satisfied that the breach has been rectified.
2A: An enforcement officer or a dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of the vehicle or the packing or unpacking of any thing to ensure compliance with the rules or otherwise to ensure safety in relation to the transportation of dangerous goods.
2B: Every enforcement officer or dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—
a: evidence of that person's appointment as an officer; and
b: evidence of that person's identity.
2C: An enforcement officer or a dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
3: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70I Section 129(1) amended 20 July 2005 section 103(3) Railways Act 2005 Section 129(2A) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2B) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2C) inserted 11 August 2017 section 94 Land Transport Amendment Act 2017 Section 129(2C) amended 1 April 2021 section 104 Land Transport (NZTA) Legislation Amendment Act 2020
130: Power to inspect
1: A dangerous goods enforcement officer—
a: may at any reasonable time go on, into, under, and over any premises for the purpose of inspection to determine whether or not the requirements of the rules relating to dangerous goods are being complied with in relation to a rail vehicle
b: for the purposes of this section, has the powers conferred by section 132
2: If a dangerous goods enforcement officer has good cause to suspect that, in respect of a rail vehicle rail vehicle
a: the vehicle not be moved; or
b: the vehicle be moved to a place of safety approved by the enforcement officer in consultation with the rail operator until the enforcement officer is satisfied that the breach has been rectified.
3: Nothing in subsection (2) authorises a dangerous goods enforcement officer to—
a: stop a rail vehicle
b: direct that a vehicle not be moved if it would be unsafe or unnecessarily disruptive for the vehicle to remain in that place.
4: Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and subsequently on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
5: A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
6: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70IA Section 130 heading amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(1)﻿(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(2) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(2)﻿(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(3)﻿(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 130(5) amended 1 April 2021 section 105 Land Transport (NZTA) Legislation Amendment Act 2020
131: Power to inspect premises used for loading and unloading of dangerous goods
1: A dangerous goods enforcement officer—
a: may, at any reasonable time, go into, under, and over—
i: any premises on or at or in which the operator of a transport service vehicle loads or unloads the vehicle or a rail operator loads or unloads a rail vehicle
ii: any premises on or at or in which goods are loaded onto or unloaded from a transport service vehicle or a rail vehicle or a rail vehicle for the purpose of inspection to ensure that all persons involved in the transport of dangerous goods comply with the requirements of the rules and otherwise to ensure the safe transportation of dangerous goods; and
b: for the purposes of this section, has the powers conferred by section 132
2: A dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of a vehicle or rail vehicle
3: Every dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
4: A dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director
5: Nothing in this section limits or affects the privilege against self incrimination. 1962 No 135 s 70IB Section 131(1)﻿(a)﻿(i) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(1)﻿(a)﻿(ii) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(2) amended 20 July 2005 section 103(3) Railways Act 2005 Section 131(4) amended 1 April 2021 section 106 Land Transport (NZTA) Legislation Amendment Act 2020
132: Inspection powers concerning dangerous goods
For the purposes of sections 129(1) 130(1) 131(1) section 129(2C) 130(5) 131(4)
a: take samples of a substance; and
b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and
c: take measurements and sketches; and
d: inspect any documents or other records relating to the obligations imposed by or under the rules; and
e: require the production of any documents or information relevant to the purpose of the inspection; and
f: take copies of the documents or information or extracts from those documents or information. 1962 No 135 ss 70IA 70IB Section 132 amended 11 August 2017 section 95 Land Transport Amendment Act 2017
10: Proceedings enforcing responsibilities
133: Owner liability for moving vehicle offences
and special vehicle lane offences
1: Proceedings for a moving vehicle offence or a special vehicle lane offence
a: the person who allegedly committed the offence:
b: the person who, at the time of the alleged offence, was registered under Part 17 section 242 section 18
c: a person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not);— whether or not (in the case of a person referred to in paragraph (b) or paragraph (c)) the person is an individual or was the driver or person in charge of the vehicle at the time the alleged offence was committed.
2: In proceedings taken against a person under paragraph (b) or paragraph (c) of subsection (1), in the absence of proof to the contrary, it must be presumed that
a: the defendant was the driver or person in charge of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
b: the acts or omissions of the driver or person in charge of the vehicle at that time were the acts or omissions of the defendant.
3: It is a defence to proceedings against a person for a moving vehicle offence or a special vehicle lane offence the Criminal Procedure Act 2011 Summary Proceedings Act 1957
4: It is a defence to proceedings against a person under paragraph (b) or paragraph (c) of subsection (1) if,—
a: at the time the alleged offence was committed,—
i: the person was not lawfully entitled to possession of the vehicle (either jointly with any other person or severally); or
ii: another person was driving the vehicle; and
b: immediately after becoming aware of the alleged offence, the person advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person was driving the vehicle (as the case may be); and
c: the person has given the enforcement authority a statutory declaration—
i: identifying the driver, by giving—
A: the full name and full address of the driver; and
B: any other identifying particulars, so far as they are within the person’s knowledge, such as the driver’s date of birth, occupation, telephone number; or
ii: establishing that the person could not identify the driver, after taking all reasonable steps to do so.
5: In proceedings for a moving vehicle offence or a special vehicle lane offence Section 133 heading amended 10 May 2011 section 72(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(1) amended 10 May 2011 section 72(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(1)﻿(b) substituted 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 133(2) amended 10 May 2011 section 72(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(2)﻿(a) amended 10 May 2011 section 72(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133(3) amended 10 May 2011 section 72(5) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133(4)﻿(c)﻿(i) replaced 1 August 2012 section 13 Land Transport Amendment Act 2011 Section 133(5) amended 10 May 2011 section 72(6) Land Transport (Road Safety and Other Matters) Amendment Act 2011
133A: Owner liability for stationary vehicle offences
1: Proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, in the case of a person referred to in paragraph (b) or (c), the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):
a: the person who allegedly committed the offence:
b: the person who, at the time of the alleged offence,—
i: was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18
ii: was the registered person in respect of the vehicle under Part 17
c: the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).
2: Subject to subsection (4), in any proceedings taken against a person under subsection (1)﻿(b) or (c), in the absence of proof to the contrary, it must be presumed that—
a: the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
b: the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.
3: It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Criminal Procedure Act 2011 Summary Proceedings Act 1957
4: It is a defence to proceedings taken against a person under subsection (1)﻿(b) or (c) if—
a: the person proves that, at the time the alleged offence was committed,—
i: he or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
ii: another person was unlawfully in charge of the vehicle; and
b: as soon as practicable after becoming aware of the alleged offence, he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
c: he or she has given the enforcement authority a statutory declaration that—
i: identifies another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge, of the vehicle by providing—
A: the full name and full address of the other person; and
B: any other identifying particulars of the other person that are known to the person making the declaration (for example, the other person's date of birth, occupation, and telephone number); or
ii: establishes that the person making the declaration was unable to identify the other person after taking all reasonable steps to do so.
5: In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) is in addition to and not in substitution for any defences available under the enactment creating the offence. 1962 No 135 s 41A Section 133A inserted 10 May 2011 section 73 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 133A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133A(4)﻿(c) replaced 1 August 2012 section 14 Land Transport Amendment Act 2011
134: Strict liability for offences involving insecure loads and loads falling from vehicles
1: In proceedings for an offence against section 42
a: it is not necessary for the prosecution to prove that the defendant knew or should have known that the load was not secured or contained in such a manner that it could not fall or escape from the vehicle:
b: it is not necessary for the prosecution to allege or prove that a load did fall or escape from the vehicle:
c: it is no defence that the defendant's conduct was not materially different from that of other operators of heavy motor vehicles:
d: it is no defence that the defendant took some steps to ensure that the load was secured or contained unless the court is satisfied that those steps were such that no fault could be attributed to the defendant:
e: it is no defence that the defendant believed that the weight or nature of the load was such that it was not necessary to secure or contain it.
2: Despite subsection (1), it is a defence to any proceedings for an offence against section 42
a: the load was secured on or contained in the vehicle; and
b: a failure to ensure that the securing or containing of the load was in such a manner that it could not fall or escape from the vehicle occurred without fault on the defendant's part.
3: If the court is satisfied that a load has fallen or escaped from the vehicle or a vehicle being towed by the vehicle, it is to be presumed that the operator of the vehicle has not ensured that the load was secured or contained in such a manner that it could not fall or escape from the vehicle, unless the falling or escaping of the load occurred without fault on the defendant's part.
4: In proceedings for an offence against section 42
a: Agency or the Director
b: the provisions of the rules. 1962 No 135 s 70 Section 134(4)﻿(a) amended 1 April 2021 section 107 Land Transport (NZTA) Legislation Amendment Act 2020 Section 134(4)﻿(a) amended 29 June 2009 section 24 Land Transport Amendment Act 2009 Section 134(4)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Commencement of proceedings
135: Commencing proceedings, and jurisdiction, for offences
1:
1A: Proceedings for an offence against Part 6A 6B Director
1B: In the absence of proof to the contrary, it is presumed that proceedings for an offence against Part 6A 6B
2: The District Court category 1 Part 5 Part 6 1962 No 135 s 194 Section 135 heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1A) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(1A) amended 1 April 2021 section 108 Land Transport (NZTA) Legislation Amendment Act 2020 Section 135(1B) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(2) amended 1 March 2017 section 261 District Court Act 2016 Section 135(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
136: Time for instituting proceedings
1: In proceedings for a category 1 or 2 offence against this Act, the court may dismiss the charge
2: If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.
3: Section 25
a: an offence against—
i: section 32
ii: section 44
b: an offence against this Act concerning—
i: work time under subpart 1
ii: logbooks under subpart 2
iia: the chain of responsibility under Part 6C
iii: the issue of installation certificates and inspection certificates for alternative fuel systems. 1962 No 135 s 195 Section 136(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136(3)﻿(a) substituted 10 May 2011 section 74(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 136(3)﻿(b) substituted 1 October 2007 section 72 Land Transport Amendment Act 2005 Section 136(3)﻿(b)﻿(iia) inserted 10 May 2011 section 74(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Certain matters not defences
137: Compliance with speed limit and certain other matters not to be defences
1: It is no defence in any proceedings for an offence relating to the driving of a motor vehicle on a road, other than the offence of exceeding a speed limit, that at the time of the alleged offence the motor vehicle was being driven at a speed not exceeding the applicable speed limit.
2: It is no defence to a charge of manslaughter that the guilty act or omission proved against the person charged is an offence against this Act. 1962 No 135 s 54 Infringement offences
138: Infringement offences
1: If a person is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 139
2: Despite section 21 Criminal Procedure Act 2011 Section 138 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
139: Issue of infringement notice
1: If an enforcement officer has reasonable cause to believe an infringement offence is being or has been committed by a person, an infringement notice in respect of that offence may be issued to that person by an enforcement officer.
2: An infringement notice may be served—
a: by attaching it, or a copy of it, to the vehicle to which the notice relates; or
b: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
ba: by delivering it, or a copy of it, personally to the person who appears to be in charge of the vehicle to which the notice relates; or
c: by sending it, or a copy of it, by post addressed to the person who appears to have committed the infringement offence at the person’s
d: if the person is a holder of a land transport document, by serving it, or a copy of it, by post on that person at his or her last address for service provided for the purposes of that document.
3: An infringement notice that—
a: is attached to a vehicle under subsection (2)﻿(a) or personally delivered under subsection (2)﻿(ba) must be treated as having been served on every person liable in respect of the alleged offence when it is attached to the vehicle or personally delivered:
b: is sent to a person by post under subsection (2)﻿(c) or (d) must be treated as having been served on the person when it would have been delivered in the ordinary course of post.
4:
5:
6: If a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 128E
a: the user of the vehicle may be proceeded against for the alleged offence under the Criminal Procedure Act 2011
b: the parking warden may issue an infringement notice in respect of the alleged offence.
7: For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under section 9(1)﻿(e) or (g) enforcement officer
8:
9:
10:
11:
12:
13: 1993 No 88 s 32 2022-10-20 Land Transport Act 1998 Subsections 139(8) to (13) and the heading above subsection (8) are repealed (by section 139(13)) when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. this date is subject to change: Epidemic Preparedness (COVID-19) Notice 2020 (gazette notice 2020-go1368) That notice was renewed on 15 September 2022 and now expires on 20 October 2022 (Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022) (https://gazette.govt.nz/notice/id/2022-sl3849), UNLESS an earlier expiry date is notified; or the notice is further renewed (under section 7 of the Epidemic Preparedness Act 2006). Section 139(2)﻿(ba) inserted 11 August 2017 section 96(1) Land Transport Amendment Act 2017 Section 139(2)﻿(c) amended 11 August 2017 section 96(2) Land Transport Amendment Act 2017 Section 139(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 139(3)﻿(a) replaced 11 August 2017 section 96(3) Land Transport Amendment Act 2017 Section 139(4) repealed 1 August 2012 section 15 Land Transport Amendment Act 2011 Section 139(5) repealed 1 August 2012 section 15 Land Transport Amendment Act 2011 Section 139(6) added 10 May 2011 section 75 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 139(6)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 139(7) added 10 May 2011 section 75 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 139(8) heading repealed 20 October 2022 section 139(13) Section 139(8) repealed 20 October 2022 section 139(13) Section 139(9) repealed 20 October 2022 section 139(13) Section 139(10) repealed 20 October 2022 section 139(13) Section 139(11) repealed 20 October 2022 section 139(13) Section 139(12) repealed 20 October 2022 section 139(13) Section 139(13) repealed 20 October 2022 section 139(13)
139A: Towage fees if parking offences prosecuted
1: The court must order the defendant to pay, in addition to any fine and any costs ordered by the court, the amount of the appropriate towage fee if, in proceedings in respect of a parking offence,—
a: the defendant is found guilty of, or pleads guilty to, the offence; and
b: the court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement of the vehicle involved in the offence (whether or not the vehicle was in fact moved).
2: If, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) 1962 No 135 s 43A Section 139A inserted 10 May 2011 section 76 Land Transport (Road Safety and Other Matters) Amendment Act 2011
140: Contents of infringement and reminder notices
1: An infringement notice must be in the form prescribed by regulations made under this Act and must contain—
a: details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: in the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and
c: in the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
d: the amount of the infringement fee specified in respect of that offence; and
e: the address of the place at which the infringement fee may be paid; and
f: the time within which the infringement fee may be paid; and
g: a summary of the provisions of section 21(10)
h: in the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133
ha: in the case of an alleged infringement offence that is a stationary vehicle offence, an outline of the process under section 133A
i: a statement of the right of the person served with the notice to request a hearing; and
j: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
k: any other particulars as are prescribed.
2: A reminder notice must—
a: be in the form prescribed by regulations made under this Act; and
b: include the same particulars, or substantially the same particulars, as the infringement notice; and
c: in the case of an offence to which demerit points apply, include a statement that demerit points apply to the alleged offence ; and
d: in the case of an alleged infringement offence that is a stationary vehicle offence, include a summary of the provisions of section 133A
3: Different forms of infringement notices and reminder notices may be prescribed for different kinds of infringement offences. Section 140 replaced 1 August 2012 section 16 Land Transport Amendment Act 2011 Section 140(1)﻿(ha) inserted 11 August 2017 section 97 Land Transport Amendment Act 2017 Section 140(2)﻿(c) amended 26 March 2015 section 7(1) Land Transport Amendment Act 2015 Section 140(2)﻿(d) inserted 26 March 2015 section 7(2) Land Transport Amendment Act 2015
141: Provisions relating to infringement fees
1: The infringement fee payable in respect of an infringement offence is the appropriate infringement fee prescribed in respect of the relevant offence by or under this Act.
2: If an infringement fee is paid to an enforcement authority other than the Police, the enforcement authority must give the Commissioner the particulars of the infringement and of the payment that the Commissioner requires.
3: Subject to subsections (4) and (5), all infringement fees received under this Act by an enforcement authority or recovered under the Summary Proceedings Act 1957
4: An enforcement authority that is the Agency , the Director,
a: that the Minister of Finance from time to time approves; and
b: that is received in respect of an infringement offence in relation to the use of a special vehicle lane.
5: An enforcement authority that is a road controlling authority may retain—
a: all infringement fees that it receives in respect of offences that involve—
i: parking in breach of a bylaw of the road controlling authority on any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the road controlling authority; or
ii: parking on any other portion of a road in breach of a bylaw of the road controlling authority that prohibits parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by the road controlling authority; and
b: all towage fees received by it; and
c: the portion of all other infringement fees received by it that the Minister of Finance from time to time approves.
6: The Commissioner must from time to time, out of money appropriated by Parliament for the purpose, pay to a road controlling authority the portions of the infringement fees (other than towage fees) that the Minister of Finance from time to time approves and that the Commissioner receives in respect of other offences that involve breaches of the road controlling authority's bylaws (not being offences that are also offences against an Act or a regulation).
7: For the purposes of subsections (4) and (5), the Minister of Finance may approve the retention of different portions for road controlling authorities or enforcement authorities and different categories of infringement offences.
8: For the purposes of this section, road controlling authority Section 141 substituted 10 May 2011 section 77 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 141(4) amended 1 April 2021 section 109 Land Transport (NZTA) Legislation Amendment Act 2020 Evidence
142: Evidence of driver history relating to infringement fees
1: In proceedings against a person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Agency constable
2: The certificate referred to in subsection (1) must be to the effect that the employee or constable
a: has checked the information stored in relation to driver history on such computer system as is for the time being maintained by the Police or the Agency Ministry of Justice
b: either—
i: has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or
ii: has found a record to the effect that a court has made an order in respect of an infringement offence or a minor offence. 1962 No 135 s 42A(11) Section 142(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 142(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 142(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 142(2)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 142(2)﻿(a) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
143: Evidence of driver licence
1: This section applies to offences alleged against paragraph (a) or paragraph (b) of section 31(1)
2: In proceedings against a person for an offence to which this section applies, a certificate that meets the requirements of subsection (3) and purports to be signed by a constable or Police employee who is not a constable Agency
3: A certificate referred to in subsection (2) must state that the constable or Police employee who is not a constable Agency section 199
a: has found no record showing that, on or before the date of the alleged offence, the person had ever held a driver licence; or
b: has found a record showing that the person has held a licence to drive a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired; or
c: has found a record showing that, at the date of the alleged offence, the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings; or
d: has found a record showing that the person held a licence to drive a vehicle, but not a vehicle of the class referred to in the proceedings, and that, at the date of the alleged offence, the licence had expired. 1986 No 6 s 39 Section 143(2) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 143(2) amended 1 October 2008 section 116(d) Policing Act 2008 Section 143(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 143(3) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 143(3) amended 1 October 2008 section 116(d) Policing Act 2008 Section 143(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
144: Evidence in certain proceedings
1: In proceedings for an offence against this Act relating to the driving of motor vehicles, whether by way of hearing in the first instance or by way of appeal or otherwise, the court may receive as evidence—
a: an affidavit filed in the court by or on behalf of the defendant:
b: evidence adduced by or on behalf of the defendant that the court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.
2: Except by special direction of the court, subsection (1)﻿(a) does not apply in any case where it appears to the court that the deponent's usual place of residence is less than 80 km by road from the place of hearing.
3: A copy of the Gazette 1962 No 135 s 196 1986 No 6 s 51
145: Evidence of approved vehicle surveillance equipment
1: In proceedings for a moving vehicle offence or a special vehicle lane offence the fact that a toll has not been paid in respect of the vehicle,
2: The production , in proceedings for a moving vehicle offence or a special vehicle lane offence, 1962 No 135 s 42 Section 145(1) amended 1 July 2017 section 19(1) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 Section 145(1) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 145(2) amended 1 July 2017 section 19(2) Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017
145A: Evidence and proof
In any proceedings for an offence against Part 6A
a: if it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods are deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the court to the contrary:
b: evidence of the contents of the register maintained under section 199A an officer of the Agency or a Police employee
c: the production of a certificate signed an officer of the Agency or a Police employee to
d: it is to be presumed that every certificate purporting to have been certified or given under this section has been certified or given an officer of the Agency or a Police employee to 1989 No 74 s 63 Section 145A inserted 1 October 2007 section 73 Land Transport Amendment Act 2005 Section 145A(b) amended 10 May 2011 section 78(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 145A(c) amended 10 May 2011 section 78(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 145A(d) amended 10 May 2011 section 78(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 145A(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
146: Evidence of testing and accuracy of speed-measuring devices, etc
1: In proceedings for a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 2012 constable or Police employee who is not a constable Agency proof
2: Every document purporting to be a copy of a certificate issued under this section is, in the absence of proof to the contrary, to be presumed to be a true copy.
3: Every certificate issued under this section is, in the absence of proof to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.
4: This section applies to distance-measuring devices, speed-measuring devices, approved vehicle surveillance equipment, and tuning forks used to check such devices or equipment.
5: The fact that any equipment or device to which this section applies was tested before or after the date of the alleged offence does not of itself affect the validity of any certificate given under this section in relation to the testing of that equipment or device. However, any testing must not be more than 12 months before the date of the alleged offence.
6: In any proceedings where a certificate has been produced under this section, the court may, on application made not less than 14 days before the hearing of the charge concerned, and if satisfied that there is good cause to do so, set aside the certificate and require the accuracy of the equipment or device to be established by evidence other than the certificate. 1962 No 135 s 197 Section 146(1) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 146(1) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 146(1) amended 1 October 2008 section 116(d) Policing Act 2008 Section 146(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 146(1) amended 22 June 2005 section 74 Land Transport Amendment Act 2005 Section 146(1) amended 19 December 2001 section 11 Land Transport (Road Safety Enforcement) Amendment Act 2001
147: Evidence of accuracy of weighing devices and sites
1: In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012 constable or Police employee who is not a constable
2: A certificate referred to in subsection (1) may be to the effect that,—
a: on a specified date, being a date not more than 12 months earlier than the date of the alleged offence, a weighing device referred to in the certificate was tested and found to be accurate by—
i: an Inspector of Weights and Measures; or
ii: an accredited person (within the meaning of the Weights and Measures Act 1987
iii: an employee of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette
iv: any other person who is approved for the purpose by the Minister, by notice in the Gazette
b: on a specified date, being a date not more than 5 years earlier than the date of the alleged offence, a site referred to in the certificate was tested or surveyed, and found to be accurate, by—
i: an employee of the Agency
ii: a constable or Police employee who is not a constable
iii: an employee or contractor of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette
3:
4: A certificate issued under subsection (1) sufficiently identifies the weighing device to which it refers if (in the case of a portable wheel weigher) it contains the serial number of the wheel weigher or if (in the case of a weighbridge or site) it refers to the location of the weighbridge or site.
5: Every document purporting to be a copy of a certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to be a true copy.
6: Every certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.
7: In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012
a: a weighing device bore the stamp of a mark of verification under the Weights and Measures Act 1987
b: at the time of the alleged offence, there was in force in respect of a weighing device a certificate of accuracy issued under the Weights and Measures Act 1987 is, in the absence of evidence to the contrary, sufficient evidence that the weighing device was accurate on the date of the alleged offence.
8: In this section, site 1962 No 135 s 197 Section 147(1) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 147(1) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 147(1) amended 1 October 2008 section 116(d) Policing Act 2008 Section 147(1) amended 19 December 2001 section 12 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 147(2)﻿(b)﻿(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 147(2)﻿(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 147(2)﻿(b)﻿(ii) amended 1 October 2008 section 116(d) Policing Act 2008 Section 147(3) repealed 11 August 2017 section 55(1) Land Transport Amendment Act 2017 Section 147(7) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 147(7) amended 19 December 2001 section 12 Land Transport (Road Safety Enforcement) Amendment Act 2001 Section 147(8) inserted 11 August 2017 section 55(2) Land Transport Amendment Act 2017
147A: Certification of accuracy of alternative weighing technology
1: Alternative weighing technology may be certified as having been tested and found to be accurate if, on a specified date, it was tested and found to be accurate by—
a: an Inspector of Weights and Measures; or
b: an accredited person (within the meaning of the Weights and Measures Act 1987
c: an employee of a laboratory for the time being approved for the purpose by the Science Minister by notice in the Gazette
d: any other person who is approved for the purpose by the Minister by notice in the Gazette
2: A certificate issued under subsection (1) sufficiently identifies the alternative weighing technology to which it refers if it contains the serial number of the technology or if it refers to the location of the technology.
3: For the purposes of this section, alternative weighing technology
a: is capable of measuring the mass of a vehicle or the mass on each axle of a vehicle; and
b: is not described in section 147(4)
4: If alternative weighing technology has been certified under subsection (1) on a date not more than 12 months earlier than the date of the use of the technology, the technology—
a: may be used to assess whether to investigate a possible offence against this Act or an offence against the Road User Charges Act 2012
b: may be used to assess whether such an offence has been committed. Section 147A inserted 11 August 2017 section 56 Land Transport Amendment Act 2017
148: Presumptions relating to axle weights and dangerous goods
1: This section applies in proceedings for an offence against section 43(1)
2: If subsection (1) applies, it is to be presumed, in the absence of evidence to the contrary, that the gross weight of the motor vehicle or (as the case may be) the weight on that axle or group of axles or the total number of axles, at the time when and the place where the offence is alleged to have been committed, was the same as the gross weight or (as the case may be) the weight on that axle or group of axles or the total number of axles, as ascertained at the time when and the place where that weight was measured.
3: In any proceedings for an offence against this Act concerning the carriage of dangerous goods, it is to be presumed, in the absence of evidence to the contrary, that,—
a: if any marks, labels, or placards on the vehicle or rail vehicle or rail vehicle
i: of the nature indicated by the mark, label, or placard; and
ii: of the quantity (if any) indicated by the mark, label, or placard:
b: if the vehicle or rail vehicle or rail vehicle or rail vehicle
4: With respect to subsection (3), the definition of load in section 2(1) 1962 No 135 ss 69B(4) 70F(4) Section 148(3)﻿(a) amended 20 July 2005 section 103(3) Railways Act 2005 Section 148(3)﻿(b) amended 20 July 2005 section 103(3) Railways Act 2005 Section 148(4) added 20 July 2005 section 103(3) Railways Act 2005
149: Admissibility of certain statements by drivers of certain vehicles
1: A statement made to an enforcement officer, or to a person authorised for that purpose by the Agency or the Director, to the effect described in subsection (2) may be given in evidence by that officer or person
2: A statement referred to in subsection (1) must be to the effect that the statement—
a: was made by the driver of—
i: a vehicle that is or ought to be used in a transport service (other than a rental service); or
ii: a heavy motor vehicle; and
b: was made to an enforcement officer or to a person authorised for that purpose by the Agency or the Director
c: relates to the identity of the employer of that driver or a matter that is or ought to be specified in a logbook. 1962 No 135 s 196A Section 149(1) amended 1 April 2021 section 110(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 149(2)﻿(b) amended 1 April 2021 section 110(2) Land Transport (NZTA) Legislation Amendment Act 2020
150: Evidence of certain documents
1: In proceedings for an offence against this Act,—
a: a document that purports to be issued by a person authorised for that purpose by the Agency or the Director
b: a document that is certified by a person authorised for that purpose by the Agency or the Director authorised person to notify section 90(1)
c: a scanned copy of a document specified in paragraph (a) or (b) is (in the absence of evidence to the contrary) sufficient evidence of the facts stated in the scanned copy.
2: A person authorised by the Agency or the Director 1962 No 135 s 196B Section 150(1) substituted 10 May 2011 section 79 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 150(1)﻿(a) amended 1 April 2021 section 111(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(1)﻿(b) amended 1 April 2021 section 111(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(1)﻿(b) amended 1 April 2021 section 111(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 150(2) amended 1 April 2021 section 111(4) Land Transport (NZTA) Legislation Amendment Act 2020
151: Evidence of rules
Without limiting any other method of proof, the production in proceedings of a copy of—
a: an ordinary rule purporting to have been made by the Minister or the Governor-General Part 11
b: an emergency rule purporting to have been made by the Agency section 162 is, in the absence of evidence to the contrary, sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of this Act. 1993 No 88 s 14 Section 151(a) amended 10 May 2011 section 80 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 151(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
11: Land transport
secondary Part 11 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021
152: Power of Minister to make ordinary rules
1: The Minister may make rules ( ordinary rules
a: safety and licensing for any form of transport within the land transport system, including (but not limited to) technical requirements and standards:
b: assisting land transport safety and security, including (but not limited to) personal security:
ba: providing for the appropriate management of infrastructure:
c: assisting economic development:
d: improving access and mobility:
e: protecting and promoting public health:
f: ensuring environmental sustainability:
g: any matter related, or reasonably incidental, to any of the following:
i: the Minister’s objectives under section 169
ii: the Minister’s functions under section 169A
iii: the Agency’s objective under section 94
iv: the Agency’s functions under section 95
v: the Director’s functions under section 104B
h: any other matter contemplated by a provision of this Act.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 152 substituted 1 December 2004 section 4 Land Transport Amendment Act 2004 Section 152(1)﻿(ba) inserted 11 August 2017 section 57 Land Transport Amendment Act 2017 Section 152(1)﻿(g) substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 152(1)﻿(g)﻿(v) inserted 1 April 2021 section 112 Land Transport (NZTA) Legislation Amendment Act 2020 Section 152(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
152A: Governor-General may make ordinary rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.
2: The Minister must have regard to the criteria specified in section 164(2)
3: Section 161(1)﻿(a) and (2)
4:
5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.
6: An order under this section—
a: is secondary legislation ( see Part 3
b: is not to be drafted by the PCO under section 67(d)﻿(i) 1990 No 98 s 34A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 152A inserted 10 May 2011 section 81 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 152A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 152A(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
153: Rules concerning road user behaviour
1: Without limiting the general power to make rules under section 152
a: set out standards and requirements concerning road user behaviour, including standards and requirements concerning the conduct of drivers, pedestrians, and other persons using roads:
b: regulate traffic of all classes (including vehicular, pedestrian, and animal traffic), and prohibit traffic or a class of traffic, either absolutely or conditionally, on a specified road or specified class of road:
c: set out standards and requirements concerning the use of vehicle safety equipment by drivers, and passengers in or on vehicles:
d: regulate the movement of animals on roads.
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 5(c), (f) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 153(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
154: Rules concerning driver licensing
1: Without limiting the general power to make rules under section 152
a: put in place a system or provide for the licensing of drivers of motor vehicles, including provisions for the issue, endorsement, alteration, replacement, renewal, surrender, suspension, expiry, and revocation of licences:
b: specify different requirements for drivers of different age groups or experience, including requirements concerning the issue and expiry of licences:
c: provide for different classes of driver licences, and for the endorsement of licences for different purposes, and specify their effect:
d: specify the documentary evidence and other information to be submitted with applications concerning driver licences:
e: provide for the theoretical, practical, and medical examination and testing of applicants and holders of driver licences, and set out standards for theoretical, practical, and medical examinations and tests:
f: provide for the approval of persons who have functions under the rules, including persons who are to conduct the theoretical or practical or medical examination or testing of applicants for or holders of driver licences:
g: provide for the use of aids or the driving of vehicles that are specially adapted or have particular features:
h: provide for the issue of driver identification cards; and provide for driver identification cards to remain the property of the Agency
i: provide for the recognition of driver licences issued outside New Zealand:
j: prescribe the form and content of temporary driver licences for the purposes of this Act:
k: give effect to any international convention concerning the recognition of driver licences and permits issued outside New Zealand and the recognition of international driving permits.
2: Ordinary rules under this section are secondary legislation ( see Part 3 1986 No 6 ss 48 48A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 154(1)﻿(h) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 154(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
155: Rules concerning vehicles
1: Without limiting the general power to make rules under section 152
a: set out standards and requirements concerning vehicles, including their construction, mass and dimensions, emissions, environmental requirements, loading requirements, identification, repair, maintenance, modification, inspection, and fuel systems:
b: set out standards and requirements concerning systems, components, devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried in or on motor vehicles, or to be used by the driver or any other person:
c: provide for the recall of vehicles, or components or equipment of vehicles, that do not meet standards or requirements imposed by the rules, and for their recall where there is reason to believe that a procedure or requirement imposed by a rule has not adequately been carried out or complied with, including provisions—
i: specifying the circumstances in which a vehicle must be recalled:
ii: empowering persons to direct the recall of vehicles:
iii: specifying the persons who may be directed to recall a vehicle (including the manufacturer, the agent of the manufacturer, the importer of the vehicle, the person or organisation responsible for certifying that a vehicle complies with standards or requirements imposed by the rules, or any other person responsible for the presence of a vehicle on a road):
d: require and provide for vehicle identification numbers to be assigned to motor vehicles being operated in New Zealand:
e: provide for the periodical or other examination of motor vehicles and the issue of evidence of vehicle inspection and certificates of loading:
ea: provide for the periodical or other examination of traction engines and the issue of a certificate of compliance for boilers and other pressure vessels:
f: subject to Part 17
i: specify when vehicles are to be registered, deregistered, or re-registered:
ii: set out procedures to verify compliance with standards and requirements of the regulations and the rules:
iii: provide for the recording and making available of information about vehicles (including their systems, components, devices, fittings, and equipment):
g: prescribe requirements for the provision of information and data related to vehicles in terms of their fuel or energy consumption, efficiency, or carbon dioxide emissions:
h: prescribe formulas or methodologies for the purposes of determining the fuel or energy consumption, efficiency, or carbon dioxide emissions of a vehicle, including to estimate a value where information or data is incomplete or a test cycle other than the approved test cycle (within the meaning of section 172(1)
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 5(d), (e) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 155(1)﻿(ea) inserted 16 January 2006 section 75 Land Transport Amendment Act 2005 Section 155(1)﻿(f) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 155(1)﻿(g) inserted 23 February 2022 section 5 Land Transport (Clean Vehicles) Amendment Act 2022 Section 155(1)﻿(h) inserted 23 February 2022 section 5 Land Transport (Clean Vehicles) Amendment Act 2022 Section 155(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
156: Rules concerning dangerous goods
1: Without limiting the general power to make rules under section 152
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 156(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
157: Rules concerning roads
1: Without limiting the general power to make rules under section 152
a: regulate the use of roads, and empower road controlling authorities to control, restrict, and prohibit traffic, and to close roads in specified circumstances or on specified occasions, in accordance with the rules:
b: set out standards, specifications, or codes of practice for the design, construction, alteration, or maintenance of roads and related property:
c: provide for the classification of roads according to their suitability for use by different classes of motor vehicles:
d: set, or provide for the setting of, speed limits (including maximum, minimum, variable, and temporary speed limits) for roads throughout New Zealand or in a particular locality, which speed limits may vary according to vehicle classes, types of roads, locality, and time of year:
e: empower or require
i: set out criteria, requirements, and procedures to be complied with by road controlling authorities when setting speed limits:
ii: authorise the Agency or the Director
f: provide that a road controlling authority may declare any of its roads or part of any such road to be a construction zone; prescribe the signs to be erected in a construction zone; and provide for the exemption from specified provisions of the rules of specified classes of motor vehicles while used within a construction zone:
g: provide for the design, construction, maintenance, and operation of traffic control devices:
h: regulate or prohibit the use of reflective material on signs, hoardings, and similar structures that may pose a traffic hazard on any road.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 157(1)﻿(e) amended 1 September 2020 section 113 Land Transport (NZTA) Legislation Amendment Act 2020 Section 157(1)﻿(e)﻿(ii) amended 1 April 2021 section 8 Regulatory Systems (Transport) Amendment Act 2021 Section 157(1)﻿(e)﻿(ii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 157(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
158: Rules concerning licensing, standard-setting, etc
1: Without limiting the general power to make rules under section 152
a: provide for the identification, classification, registration, licensing, inspection, and audit of all or any of the following:
i: vehicles:
ia: vehicle importers (as defined in section 172(1)
ii: road users:
iii: transport service operators:
iv: transport services:
v: land transport education, training, testing, and licensing organisations:
vi: vehicle inspectors and inspecting organisations:
vii: vehicle design and construction organisations:
viii: road controlling authorities:
ix: any other person who provides services in the land transport system (other than the rail transport system) (other than the rail transport system) (other than the rail transport system)
b: provide for the setting of standards, specifications, restrictions, registration, and licensing requirements for all or any of those persons or things specified in paragraph (a), including provisions that—
i: specify conditions, privileges, and limitations associated with licences or other forms of approval:
ii: set standards for training systems and techniques, including recurrent training requirements:
iii: set medical standards for personnel:
iv: specify the information to be given by persons applying for licences and other authorities issued under or for the purposes of the rules, and specify the persons by and to whom the information must be given:
v: set out the requirements of systems and procedures to be used in the exercise of a power given to a person under a rule:
vi: set out the responsibilities and required behaviour of transport service operators, including—
A: the permissible driving hours of persons driving transport service vehicles, including the work time and rest time
B: the obligations and restrictions in respect of signs on vehicles; and
C: requirements relating to fares
D: the maintenance of a register of tows and hires; and
E: the obligations of rental service operators; and
F: requirements concerning logbooks; and
G: requirements of a safety management system where required for the issue of land transport documents:
vii: set out the categories of performance for transport service operators
viia: specify the publication requirements for the performance levels for the categories of performance; and
viib: provide the means for assessing and re-assessing levels of performance; and
viic: provide incentives and rewards for transport service operators
viii: empower the Agency or the Director
ix: specify the circumstances in which the Agency or the Director
x: specify the drivers involved in transport services that must display or wear a photographic identification card and the details of such a card:
xi:
xii: provide for the notification of vehicles used in a transport service:
xiii: provide for the issue of certificates of responsibility where a person other than the owner operates a vehicle in a transport service under licence:
xiv: provide for the display of identification on goods service vehicles, vehicle recovery service vehicles, and large passenger service vehicles:
xv: provide for registers of complaints and prescribing the matters to be entered in such registers and the manner in which they are to be entered and maintained, and the manner in which they are to be made available for inspection:
xvi: provide for the giving by any person in relation to any transport service carried on by the person of information relating to that service and prescribing the nature of the information and the form, manner, and time in or at which it is to be given:
xvii: specify requirements for a small passenger service including signs, notices, fares, equipment, identification, driver duties and conduct, availability, complaint management, record keeping, and vehicle condition:
xviii: specify requirements for a vehicle recovery service including identification, driver duties and conduct, operator duties, complaints management, record keeping, and towing restrictions and authorisations:
xix: specify requirements for a rental service including a register of vehicles and hirers, details to be included in a rental service agreement, insurance requirements, the ability of rental service licence holders to charge hirers for fees incurred from owner-liability offences, and any requirements that rental service operators must comply with when charging for owner-liability offence fees:
xx: provide for the approval of qualifications and specify conditions for the safe use of traction engines:
c: provide for the appointment or approval of persons or organisations who are to carry out inspections, tests, certify things, issue licences or other documents, and provide other services under this Act:
d: set out the procedure for appeals under this Act to the District Court the District Court
2: Ordinary rules under this section are secondary legislation ( see Part 3 1993 No 88 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 158(1)﻿(a)﻿(ia) inserted 23 February 2022 section 6 Land Transport (Clean Vehicles) Amendment Act 2022 Section 158(1)﻿(a)﻿(ix) amended 20 July 2005 section 103(3) Railways Act 2005 Section 158(1)﻿(b)﻿(vi)﻿(A) amended 22 June 2005 section 76(1) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(vi)﻿(C) amended 1 October 2017 section 87(1) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(vii) substituted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)﻿(b)﻿(vii) amended 1 October 2017 section 87(2) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(viia) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)﻿(b)﻿(viib) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)﻿(b)﻿(viic) inserted 10 May 2011 section 82 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 158(1)﻿(b)﻿(viic) amended 1 October 2017 section 87(3) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(viii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(viii) amended 1 April 2021 section 114 Land Transport (NZTA) Legislation Amendment Act 2020 Section 158(1)﻿(b)﻿(viii) amended 1 October 2017 section 87(4) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(viii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 158(1)﻿(b)﻿(ix) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(ix) amended 1 April 2021 section 114 Land Transport (NZTA) Legislation Amendment Act 2020 Section 158(1)﻿(b)﻿(ix) amended 1 October 2017 section 87(5) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(ix) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 158(1)﻿(b)﻿(x) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xi) repealed 1 October 2017 section 87(6) Land Transport Amendment Act 2017 Section 158(1)﻿(b)﻿(xii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xiii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xiv) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xv) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xvi) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xvii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xviii) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xix) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(b)﻿(xx) added 22 June 2005 section 76(2) Land Transport Amendment Act 2005 Section 158(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 158(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
159: Rules concerning land transport documents
1: Without limiting the general power to make rules under section 152
a: vehicles:
aa: vehicle importers (as defined in section 172(1)
b: road users:
c: transport service operators:
d: transport services:
e: land transport education, training, testing, and licensing organisations:
f: vehicle inspectors and inspecting organisations:
g: vehicle design and construction organisations:
h: road controlling authorities:
i: any other person who provides services in the land transport system (other than the rail transport system) (other than the rail transport system) (other than the rail transport system)
2: The rules may set out the requirements, standards, and application procedure for each land transport document, and the maximum period for which each document may be issued or recognised (as the case may be).
3: The rules may require a person who applies for or holds a land transport document that is required for the provision of a service that involves contact with the public (such as driving instruction or driver testing) to satisfy the Director
a: specify which of the criteria set out in subpart 2
b: set out different fit and proper person assessments for different classes of land transport documents, applicants, or holders.
4: The rules may provide for the issue, endorsement, alteration, replacement, renewal, surrender, expiry, suspension, and revocation of land transport documents.
5: Subject to the rules, a land transport document may be issued or a document may be recognised as a land transport document, as the case may be, by the Director Director
6: Ordinary rules under this section are secondary legislation ( see Part 3 1994 No 104 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 159(1)﻿(aa) inserted 23 February 2022 section 7 Land Transport (Clean Vehicles) Amendment Act 2022 Section 159(1)﻿(i) amended 20 July 2005 section 103(3) Railways Act 2005 Section 159(3) amended 1 April 2021 section 115(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159(3)﻿(a) amended 1 October 2007 section 77 Land Transport Amendment Act 2005 Section 159(5) amended 1 April 2021 section 115(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
159A: Ordinary rule may require committee to be established
1: An ordinary rule may require the Agency to establish a committee that has 1 or more purposes associated with speed management, including—
a: reviewing a state highway speed management plan provided for in a rule:
b: reviewing guidance or information on speed management prepared by the Agency.
2: The rule must set out—
a: the purpose for which the committee is to be established; and
b: the committee’s functions, powers, and duties; and
c: which of the following persons is authorised to appoint members of the committee (and the term for which they are appointed):
i: the Minister:
ii: the Agency:
iia: the Director:
iii: the Secretary:
iv: any combination of the persons listed in subparagraphs (i) to (iii).
3: The rule may set out—
a: the date on which the committee is to be dissolved or a process by which that date is determined:
b: any other matter relating to establishing and operating the committee.
4: Section 96B
5: Section 96C
6: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 and Land Transport (Road User) Rule 2004 and amendments to them. Legislation Act 2019 requirements for the Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004 Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)﻿(iii) 69(1)﻿(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for all other secondary legislation made under this section. Legislation Act 2019 requirements for all other secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge and for purchase at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 159A inserted 1 September 2020 section 116 Land Transport (NZTA) Legislation Amendment Act 2020 Section 159A(2)﻿(c)﻿(iia) inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 159A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
160: Other provisions concerning ordinary rules
1: An ordinary rule may apply generally or to different classes of person, vehicle, or land transport related service, or to the same class of person, vehicle, or land transport related service in different circumstances.
2: An ordinary rule may apply generally throughout New Zealand or within a specified part or parts of New Zealand.
3: The commencement of an ordinary rule may be wholly suspended until it is applied by the Minister, by notice ( see
4: An ordinary rule may—
a: require or provide for a matter to be determined, undertaken, or approved by the Agency, the Director, or any other person:
aa: empower the Agency, the Director, or any other person to impose requirements or conditions as to the performance of activities:
b: specify standards, procedures, and requirements for the purposes of the rules:
c: impose conditions, restrictions, and prohibitions:
d: specify the definitions, abbreviations, and units of measurement to apply within the land transport system:
e: prescribe, or provide for the approval of, forms, documents, and records for the purposes of the rules:
f: make transitional and savings provisions for the purposes of implementing any rule; and for the purposes of determining the expiry date of licences under section 23(4)
5: An ordinary rule may incorporate or apply, with any necessary modifications, a regulation or order or notice made or given under the Transport Act 1962 Part 2 or Part 17
6:
7: If a bylaw of a local authority is inconsistent with or repugnant to any ordinary rules in force in the same locality, the rules override the bylaws.
8: Despite clause 5
9: A notice under subsection (3) is secondary legislation ( see Part 3 1993 No 88 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 160(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 160(4)﻿(a) replaced 1 April 2021 section 117 Land Transport (NZTA) Legislation Amendment Act 2020 Section 160(4)﻿(aa) inserted 1 April 2021 section 117 Land Transport (NZTA) Legislation Amendment Act 2020 Section 160(5) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 160(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 160(8) amended 7 August 2020 section 135 Public Service Act 2020 Section 160(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
161: Procedure concerning ordinary rules
1: Every ordinary rule must—
a: be signed by the Minister; and
b: contain a statement specifying the objective of the rule and the extent of any consultation under subsection (2); and
c: set out fully the requirements of the rule, except where certain information is incorporated in the rule by reference under section 165
2: Before making an ordinary rule, the Minister must—
a: publish a notice of his or her intention to make the rule; and
b: give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposal; and
c: consult with such persons, representative groups within the land transport system or elsewhere, government departments, and Crown entities as the Minister in each case considers appropriate.
3:
4: 1993 No 88 ss 8, 10 Section 161(2)﻿(a) substituted 10 May 2011 section 83(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 161(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 161(4) repealed 10 May 2011 section 83(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Emergency rules
162: Agency
1: The Agency section 163
2: The Agency , or recommend that ordinary rules be made,
3: The Minister may revoke any emergency rule made under subsection (1)
4: The following are secondary legislation ( see Part 3
a: emergency rules under subsection (1):
b: a revocation under subsection (3).
5: If, for reasons of safety, it is impracticable or inappropriate to publish immediately an emergency rule or revocation under that Act, the Agency must serve a copy of it on the persons (if any) whom the Agency considers appropriate.
6: An emergency rule or revocation to which subsection (5) applies—
a: has effect only in relation to a person on whom it is served under subsection (5); and
b: comes into force in relation to that person immediately after it is served on the person (even if it is not yet published).
7: Service under subsection (5) may be effected in any way the Agency considers appropriate. 1993 No 88 s 7 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for purchase by members of the public at a reasonable price However, that requirement does not apply if, for reasons of safety, it is impracticable or inappropriate to comply with that requirement. In that case, subsections (5) to (7) apply The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 162 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(2) amended 10 May 2011 section 84 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 162(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 162(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 162(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
163: Procedure for making emergency rules
1: Before making an emergency rule, the Agency Agency
2:
3:
4:
5: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed once only for a further period not exceeding 90 days.
6: So far as any emergency rule is inconsistent with or repugnant to any ordinary rule made under this Act, the emergency rule prevails. 1993 No 88 s 11 Section 163(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 163(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 163(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 General provisions concerning making of rules
164: Matters to
have regard to when making or recommending rules
1:
2: The Minister in making or recommending a rule, or the Agency in making a rule, must have regard to, and give such weight as the Minister or the Agency (as the case may be)
a: the level of risk existing to land transport safety in each proposed activity or service:
b: the nature of the particular activity or service for which the rule is being established:
c: the level of risk existing to land transport safety in New Zealand in general:
d: the need to maintain and improve land transport safety and security, including (but not limited to) personal security:
da: the appropriate management of infrastructure, including (but not limited to)—
i: the impact of vehicles on infrastructure; and
ii: whether the costs of the use of the infrastructure are greater than the economic value generated by its use:
e: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
ea: the costs of implementing measures for which the rule is being proposed:
eb: New Zealand's international obligations concerning land transport safety:
f: the international circumstances in respect of land transport safety:
g: such other matters as the Minister (in the case of ordinary rules) or the Agency 1993 No 88 s 9 Section 164 heading amended 10 May 2011 section 85(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(1) repealed 10 May 2011 section 85(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2) amended 10 May 2011 section 85(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2)﻿(d) substituted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)﻿(da) inserted 11 August 2017 section 58 Land Transport Amendment Act 2017 Section 164(2)﻿(e) substituted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)﻿(ea) inserted 1 December 2004 section 5 Land Transport Amendment Act 2004 Section 164(2)﻿(eb) inserted 10 May 2011 section 85(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 164(2)﻿(g) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
165: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Agency:
a: standards, requirements, or recommended practices of another State or an international organisation:
b: standards, requirements, or rules of the NZ Standards Organisation NZ Standards Organisation
c: material formulated by a specialist public sector organisation or a specialist private sector organisation:
d: any other material or document that, in the opinion of the Minister or the Agency (as the case may be)
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Agency (as the case may be); and
b: retained by the Agency.
4: Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.
5: The Agency must give notice on the Agency's Internet site stating—
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2) must be made available at the Agency for inspection by the public free of charge.
7: Part 3
8: Nothing in section 114
8:
9: Subsections (1) to (8) do not affect the application of sections 29 to 32 1990 No 98 s 36 Section 165 substituted 10 May 2011 section 86 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 165(1)﻿(b) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015 Section 165(1)﻿(d) amended 17 December 2016 section 62 Statutes Amendment Act 2016 Section 165(7) replaced 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 165(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(8) inserted 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 165(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(8) repealed 5 August 2013 section 77(3) Legislation Act 2012 Section 165(9) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
166: Agency Section 166 repealed 1 April 2021 section 9 Regulatory Systems (Transport) Amendment Act 2021
166A: Agency may grant exemptions to New Zealand Defence Force
Section 166A repealed 1 April 2021 section 9 Regulatory Systems (Transport) Amendment Act 2021 Regulations
167: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: specifying those breaches of the rules that constitute offences against this Act:
b: specifying infringement offences for the purposes of this Act:
c: setting out defences to offences referred to in paragraph (a) or paragraph (b):
d: setting the maximum penalty for each offence prescribed under paragraph (a), which,—
i: in the case of an individual, may be a fine not exceeding $10,000; or
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
e: setting the infringement fee for each offence prescribed under paragraph (b), which,—
i: in the case of an individual, may not exceed $2,000; or
ii: in the case of a body corporate, may not exceed $10,000; or
iii:
iv: in the case of an overloading or over-dimension $15,000
f: setting the penalty for each overloading or over-dimension section 43
fa: setting the infringement fee for a toll offence:
g: setting the number of demerit points to be recorded in relation to offences against this Act or any regulations (which offences are in connection with the driving of a motor vehicle), including regulations—
i: providing for a greater number of demerit points to be recorded in respect of a second or subsequent conviction for an offence:
ii: setting a graduated scale of demerit points for speeding offences:
h: creating offences against any regulations made under this Act; and setting the maximum penalty for each offence, which,—
i: in the case of an individual, may not exceed $10,000; or
ii: in the case of a body corporate, may not exceed $50,000:
i: declaring which offences against any secondary legislation (including bylaws) Transport (Vehicle and Driver Registration and Licensing) Act 1986
i: moving vehicle offences:
ii: stationary vehicle offences:
iii: special vehicle lane offences:
ia: specifying the criteria that—
i: a person must meet to install or remove an alcohol interlock device:
ii: a person with an alcohol interlock licence must meet to apply for the removal of an alcohol interlock device from the person's vehicle:
ib: specifying the circumstances in which the Director
j: specifying the matters for which fees or charges are to be paid under this Act or any other land transport Act
k: providing for the collection of land transport related fees and charges:
l: prescribing forms for the purposes of this Act:
m: specifying the conditions, requirements, and other provisions that must be included in arrangements the Commissioner or an authorised officer may enter into for the purposes of section 97
i: the investigations that may be carried out by the Commissioner or an authorised officer for the purposes of the arrangement:
ii: the qualifications or standards that must be met by employees of the operator or provider who are likely in the course of their duties to have contact with members of the public or access to impounded vehicles:
iii: the vetting of prospective employees of the operator or provider:
iv: measures to ensure the security of impounded vehicles and personal property carried in or on them:
v: the hours during which the Police and members of the public are to have access to the premises:
vi: the arrangements for the payment of fees and charges in respect of impounded vehicles:
ma: exempting any service or class or category of service from being a transport service for the purposes of Part 4A Part 6A
mb: exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of Part 4A Part 6A
mba: specifying for the purpose of section 168D(2)﻿(b) sections 168D 168E
mc: specifying that a substance, preparation, mixture, or article is not a qualifying
md: prescribing, for the purpose of section 98D(2)﻿(a)
me: prescribing criteria for the purpose of considering whether an operator has complied with section 98D(3)
mf: providing for any matter necessary to establish, maintain, and operate the register of land transport records established by section 200E
n: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: The maximum number of demerit points that may be set by regulations made under subsection (1) in respect of any offence—
aaa: is 75 demerit points in the case of an offence against section 57B(2) or (3) 57C(2), (3), or (4)
a: is 60 demerit points in the case of—
i: an offence against any of sections 35(1) 36(1) 38(1) 39(1)
ii: an offence against any of sections 56 , 57 57A 58(1) 60(1) 61(1), 61(2) 62(1), and 62(1B)
iii: an offence against section 33(1)
iv: a first or second offence against section 32(1) or contrary to an alcohol interlock licence or a zero alcohol licence
b: is 50 demerit points in the case of any other offence.
3: Regulations under this section are secondary legislation ( see Part 3
4: Regulations that identify fees or charges as land transport revenue for the purposes of the Land Transport Management Act 2003 see subpart 3 1962 No 135 ss 77 199 1993 No 88 s 33 2024-07-01 Land Transport (Clean Vehicle Discount Scheme Charges) Amendment Regulations 2023 This order is deemed revoked on the close of 30 June 2024 unless confirmed prior to that date. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167(1)﻿(e)﻿(iii) repealed 1 August 2012 section 94 Road User Charges Act 2012 Section 167(1)﻿(e)﻿(iv) added 22 June 2005 section 78(1) Land Transport Amendment Act 2005 Section 167(1)﻿(e)﻿(iv) amended 11 August 2017 section 60(1)﻿(a) Land Transport Amendment Act 2017 Section 167(1)﻿(e)﻿(iv) amended 11 August 2017 section 60(1)﻿(b) Land Transport Amendment Act 2017 Section 167(1)﻿(f) amended 11 August 2017 section 60(2) Land Transport Amendment Act 2017 Section 167(1)﻿(fa) inserted 13 November 2003 section 90 Land Transport Management Act 2003 Section 167(1)﻿(i) substituted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 167(1)﻿(ia) inserted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)﻿(ib) inserted 10 May 2011 section 87(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(1)﻿(ib) amended 1 April 2021 section 118(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(1)﻿(j) amended 1 September 2020 section 118(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(1)﻿(ma) inserted 1 October 2007 section 78(2) Land Transport Amendment Act 2005 Section 167(1)﻿(mb) inserted 1 October 2007 section 78(2) Land Transport Amendment Act 2005 Section 167(1)﻿(mba) inserted 1 April 2021 section 10 Regulatory Systems (Transport) Amendment Act 2021 Section 167(1)﻿(mc) inserted 1 November 2009 section 25 Land Transport Amendment Act 2009 Section 167(1)﻿(mc) amended 1 November 2009 section 34 Land Transport (Enforcement Powers) Amendment Act 2009 Section 167(1)﻿(md) inserted 2 January 2020 section 6 Land Transport (Wheel Clamping) Amendment Act 2019 Section 167(1)﻿(me) inserted 2 January 2020 section 6 Land Transport (Wheel Clamping) Amendment Act 2019 Section 167(1)﻿(mf) inserted 1 September 2020 section 118(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 167(2)﻿(aaa) inserted 11 March 2023 section 36 Land Transport (Drug Driving) Amendment Act 2022 Section 167(2)﻿(a)﻿(ii) amended 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 167(2)﻿(a)﻿(ii) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 167(2)﻿(a)﻿(ii) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009 Section 167(2)﻿(a)﻿(iv) amended 10 May 2011 section 87(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 167(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 167(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
167AAA: Setting or amending high-risk and tolerance blood concentration levels for drug-driving offences
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister and the Minister of Police, amend Schedule 5
a: adding the name of a qualifying drug to Part 1
b: adding the name of a qualifying drug to Part 2
c: amending any high-risk level or tolerance level specified in Schedule 5
2: A high-risk level for a qualifying drug—
a: may be specified only if a tolerance level is specified for the drug; and
b: may be the same as the tolerance level for the drug.
3: Before making a recommendation under subsection (1), the Ministers must, in respect of each qualifying drug referred to in the proposed order,—
a: seek and consider independent advice from independent experts appointed under section 167AAB
i: the specific effects of each drug referred to in the proposed order; and
ii: the appropriate high-risk level for each drug referred to in any proposed amendment to Part 1
iii: the appropriate tolerance level for each drug referred to in any proposed amendment to Part 2
b: publish a notice in the Gazette
c: give interested persons a reasonable time, which must be specified in the notice published under paragraph (b), to make submissions on the proposed order; and
d: consult the persons, representative groups, government departments, and Crown entities that the Ministers consider reasonable and appropriate to consult in the circumstances.
4: The Minister may seek and consider independent advice from independent experts appointed under section 167AAB
5: The Governor-General may, by Order in Council, amend the name or description of any qualifying drug named or described in Schedule 5 Misuse of Drugs Act 1975
6: An Order in Council made under this section—
a: is secondary legislation ( see Part 3
b: if made under subsection (1), must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167AAA inserted 11 March 2023 section 37 Land Transport (Drug Driving) Amendment Act 2022
167AAB: Ministers may appoint independent experts for purposes of section 167AAA
1: The Minister of Transport, the Minister of Police, and the Science Minister (the Ministers section 167AAA
2: The independent experts appointed under subsection (1) must together have appropriate expertise in relevant medical and scientific fields, including pharmacology and toxicology.
3: The function of the independent experts is—
a: to carry out medical and scientific evaluations of qualifying drugs; and
b: to advise the Ministers on—
i: the specific effects of qualifying drugs, including the pharmacological, psychoactive, and toxicological effects; and
ii: the appropriate high-risk levels and tolerance levels for qualifying drugs in accordance with subsections (4) and (5).
4: In advising the Ministers on the appropriate high-risk level for a qualifying drug, the independent experts must take into account—
a: the specific effects of the qualifying drug and the medical and scientific evaluations of the drug carried out under subsection (3)﻿(a); and
b: that the high-risk level specified for a qualifying drug should, as far as practicable, be a blood concentration level that, to the best of the independent experts’ knowledge, is likely to impair a person’s driving; and
c: the high-risk levels specified, at the time of advising the Ministers, in Part 1
5: In advising the Ministers on the appropriate tolerance level for a qualifying drug, the independent experts must take into account—
a: the specific effects of the qualifying drug and the medical and scientific evaluations of the drug carried out under subsection (3)﻿(a); and
b: that the tolerance level specified for a qualifying drug should, as far as practicable, be a blood concentration level that, to the best of the independent experts’ knowledge,—
i: is likely to indicate that a person has recently used the drug; and
ii: is unlikely to be exceeded if the person has such a low level of the drug in their blood (whether due to passive exposure or otherwise) that their driving is unlikely to be impaired; and
c: for a qualifying drug that is a prescription medicine, the maximum dose of the prescription medicine that is generally prescribed; and
d: the tolerance levels specified, at the time of advising the Ministers, in Part 2 Section 167AAB inserted 11 March 2023 section 37 Land Transport (Drug Driving) Amendment Act 2022
167A: Regulations imposing fees and charges for purposes of clean vehicle discount scheme
1: Without limiting the generality of section 167(1)﻿(j)
2: Subsection (1) is subject to subsections (5) and (7).
3: Regulations made under section 167(1)﻿(j)
a: do any of the things specified in section 168(4)﻿(a), (aa), (ab), and (d) to (h)
b: prescribe any vehicle or class of vehicle as excluded from the definition of light vehicle for the purposes of the regulations:
c: apply, with any necessary modifications, provisions of this Act concerning the manner in which carbon dioxide emissions of vehicles must be determined for the purposes of the regulations:
d: prescribe, for the purposes of applying section 174
e: provide for unpaid fees or charges to be recoverable as a debt due to the Crown.
4: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
5: Regulations under section 167(1)﻿(j)
6: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
7: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees or charges are appropriate to sustain a scheme designed to increase consumer demand for zero- and low-emission vehicles and decrease consumer demand for high-emission vehicles:
b: that the imposition and level of fees or charges are appropriate, after considering—
i: the variety and availability of zero- and low-emission vehicles expected to enter the New Zealand light vehicle market in the following 12 to 24 months; and
ii: the market behaviour of consumers, including the nature of any continued demand for high-emission vehicles; and
iii: international and domestic climate change ambitions and commitments; and
iv: the anticipated impact of the fees and charges on the market; and
v: whether the estimated revenue to be received from the charges is sufficient to meet the costs and expenses of the clean vehicle discount scheme funded under section 9(1E) and (1F) Section 167A inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022
167B: Regulations setting fees and charges for purpose of Part 13 (clean vehicle standard) requirements to import vehicles with zero carbon dioxide emissions
1: Without limiting the generality of section 167(1)﻿(j) section 170 section 167C(1)﻿(k)
2: Subsection (1) is subject to subsection (6).
3: Different rates of fees or charges, or both, may be prescribed or fixed in respect of different classes of vehicles or on any other differential basis.
4: Section 167A(3)﻿(a) to (e) section 167(1)﻿(j)
5: Before recommending the making of regulations, the Minister must consult such persons as the Minister considers appropriate.
6: The Minister must not recommend the making of regulations unless the Minister is satisfied—
a: that the fees and charges are appropriate to increase the supply and availability of vehicles with zero carbon dioxide emissions; and
b: that the imposition and level of charges and fees are appropriate after considering international and domestic climate change ambitions and commitments. Section 167B inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022
167C: Regulations for purposes of Part 13 (clean vehicle standard)
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: declaring, for the purposes of the definition of excluded vehicle in section 172 Part 13
b: declaring, for the purposes of the definition of Type A vehicle in section 172 of Part 13
c: declaring, for the purposes of the definition of Type B vehicle in section 172 of Part 13
d: prescribing the process for approving a person as a category 1 light vehicle importer:
e: prescribing criteria for the approval of a person as a category 1 light vehicle importer:
f: prescribing the process for suspending or revoking the approval of a person as a category 1 light vehicle importer:
g: prescribing criteria for suspending or revoking the approval of a person as a category 1 light vehicle importer:
h: prescribing provisions that apply to a person whose approval as a category 1 light vehicle importer is suspended or revoked, for the purpose of transitioning from the law applicable to the person under this Part immediately before the suspension or revocation to the law that applies or has effect immediately after:
i: prescribing, for the purposes of section 174
j: prescribing targets for the level of carbon dioxide emissions from light vehicles imported annually, and matters relating to those targets, including—
i: separate targets for different classes of imported vehicles; and
ii: targets adjusted for vehicle weights; and
iii: formulas for calculating targets, including vehicle weight-adjusted targets; and
iv: targets in respect of any calendar year after 2027, beginning on 1 January of the relevant calendar year:
k: requiring vehicle importers to include, among the vehicles they import in any given year, a minimum proportion of vehicles with zero carbon dioxide emissions:
l: prescribing procedures and requirements for the purposes of banking and transferring carbon dioxide credits:
m: prescribing procedures and requirements for deferring an obligation to meet carbon dioxide emissions targets:
n: providing for the refund or waiver, or enabling the refund or waiver, of charges imposed under section 177 182
o: providing for unpaid charges under section 177 182
p: prescribing information to be contained in carbon dioxide accounts:
q: prescribing the manner in which carbon dioxide accounts must be operated:
r: prescribing, for the purposes of section 186
s: prescribing, for the purposes of section 188(2)
t: prescribing, for the purposes of section 188(3)
u: prescribing, for the purposes of section 194(1)
v: prescribing, for the purposes of any provision of Part 13
i: by whom, when, where, and how the thing must be done:
ii: the form that must be used in connection with the thing:
iii: requirements with which evidence or documents that are provided in connection with the thing must comply:
iv: that fees and charges must be paid in connection with doing the thing:
w: providing for any other matter contemplated by Part 13
2: Subsection (1)﻿(j)﻿(iv) is subject to subsection (3).
3: Regulations may be made under subsection (1)﻿(j)﻿(iv) only on the recommendation of the Minister, and the Minister must, before making a recommendation,—
a: consult such persons as the Minister considers appropriate; and
b: take into account—
i: the expected reduction in vehicle carbon dioxide emissions resulting from the targets; and
ii: the expected impact of the targets on vehicle safety, affordability, and availability; and
c: be satisfied—
i: that the targets are set at an appropriate level to increase the supply of zero- and low-emission vehicles in the market; and
ii: that the targets are consistent with transport-specific policies and strategies set out in the emissions reduction plan made under section 5ZG
4: Nothing in this section limits section 167 168
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 167C inserted 23 February 2022 section 8 Land Transport (Clean Vehicles) Amendment Act 2022 Section 167C(1)﻿(n) amended 26 November 2022 section 4(1) Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 Section 167C(1)﻿(o) amended 26 November 2022 section 4(2) Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
168: Regulations relating to fees and charges for land transport
1: Without limiting the generality of section 167(1)﻿(j)
a: to provide funds for the establishment, maintenance, and operation of facilities, works, goods, and services under this Act or any other land transport Act
b: to meet, or assist in meeting, the costs and expenses incurred by the Agency, the Director, or the Crown in the exercise of functions or powers, the performance of duties, or the provision of services under any legislation specified in paragraph (a):
c: to meet, or assist in meeting, the costs incurred by a regional council in processing notifications of the commencement, variation, or withdrawal of exempt services under the Land Transport Management Act 2003
2: Different rates of fees or charges, or both, may be so prescribed or fixed in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances,
3: Regulations under section 167(1)﻿(j)
4: Any regulation under section 167(1)﻿(j)
a: specify the persons by whom, and to whom, any fees or charges, or both, are payable:
aa: prescribe fees and charges payable, or provide for their fixing (including a means by which they may be calculated and ascertained, or a rate at which they may be calculated or ascertained):
ab: provide for the imposition by the person to whom the fees are payable of reasonable charges in connection with the administration of any payment:
b: prescribe, or provide for the fixing of, additional fees or charges, or both, for services or work carried out outside normal working hours, at weekends, or on statutory holidays:
c: prescribe, or provide for the fixing of, charges for reimbursement of travelling time, accommodation, and other expenses:
d: provide for the refund, waiver, or rebate or enabling the refund, waiver, or rebate, of any fee or charge, or both:
e: fix, or empower the fixing of, a date by which any fee or charge is to be paid:
f: fix, or enable the fixing of, discounts for early payment of any fee or charge, and penalties for late payment:
g: prescribe any returns, and the conditions relating to such returns, to be made by persons by whom any fees, charges, or penalties are payable:
h: identify those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003
5:
6: Section 168(1)﻿(a) amended 1 April 2021 section 119(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 168(1)﻿(a) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 168(1)﻿(a) amended 10 May 2011 section 88 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 168(1)﻿(a) amended 1 May 2011 section 35(1) Land Transport Amendment Act 2009 Section 168(1)﻿(a) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 168(b) replaced 1 April 2021 section 119(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 168(1)﻿(c) added 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 168(1)﻿(c) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 168(2) amended 1 October 2007 section 79(2) Land Transport Amendment Act 2005 Section 168(4)﻿(aa) inserted 11 August 2017 section 99 Land Transport Amendment Act 2017 Section 168(4)﻿(ab) inserted 11 August 2017 section 99 Land Transport Amendment Act 2017 Section 168(4)﻿(h) inserted 1 July 2020 section 18 Land Transport (Rail) Legislation Act 2020 Section 168(5) repealed 20 July 2005 section 103(3) Railways Act 2005 Section 168(6) repealed 1 August 2012 section 94 Road User Charges Act 2012
168AAA: Regulations relating to register of land transport records
1: Without limiting the generality of section 167(1)﻿(mf)
a: specify a category of decisions or other things for which land transport records may be created (for example, specifying a category of speed limits or cycle paths):
b: if a bylaw, or a class of bylaws, is in a category of decisions or other things specified by regulations made under paragraph (a),—
i: require or authorise a land transport record to be created for the bylaw or class of bylaws; and
ii: prescribe any additional requirements relating to the creation of a land transport record for the bylaw or class of bylaws:
c:
d: provide for the consequences of a land transport record being created for a bylaw, which may include amending, replacing, or revoking the bylaw:
e: specify the circumstances in which the Registrar is required or authorised to create a land transport record, amend a land transport record, or remove a land transport record from the register (including, for example, any criteria that the land transport record must satisfy, or any criteria the Registrar must consider before doing so):
f: specify any information the Registrar must record in the register for a land transport record:
g: prescribe when, or the circumstances in which, the Registrar is not required to operate the register:
h: provide for any limitations on, or requirements for, accessing or searching the register, or making copies of information in the register (including, for example, the requirement to pay a fee or charge):
i: provide for any notices, records, certificates, or other information that must be given, kept, or produced in relation to a land transport record or the register:
j: prescribe the persons or class of persons the Registrar must inform if the Registrar creates, amends,
k: provide for the consequences if a land transport record—
i: conflicts with or duplicates a bylaw (which consequences may include amending, replacing, or revoking the bylaw)
ii: conflicts with any other secondary legislation made under a land transport Act:
l: prescribe transitional or savings provisions relating to land transport records.
2: The following provisions do not apply when amending, replacing, or revoking a bylaw in accordance with regulations made for the purposes of subsection (1)﻿(d), (k), or (l):
a: section 22AD
b: section 156
3: In this section, bylaw
a: means a bylaw, or part of a bylaw, made by a road controlling authority—
i: under any enactment (including section 22AB
ii: whether made before or after regulations made for any of the purposes in subsection (1)﻿(a) to (l)
b: includes any decision or resolution made under a bylaw referred to in paragraph (a) (for example, a resolution under section 22AB(3)
c: includes any resolution made under section 22AB(3A) Section 168AAA inserted 1 September 2020 section 120 Land Transport (NZTA) Legislation Amendment Act 2020 Section 168AAA(1)﻿(b) replaced 1 April 2021 section 11(1) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)﻿(c) repealed 1 April 2021 section 11(1) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)﻿(j) amended 1 April 2021 section 11(2) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(1)﻿(k)﻿(i) amended 1 April 2021 section 11(3) Regulatory Systems (Transport) Amendment Act 2021 Section 168AAA(3)﻿(a)﻿(ii) amended 1 April 2021 section 11(4) Regulatory Systems (Transport) Amendment Act 2021
168AA: Land transport revenue to be paid into
Crown Bank Account All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 Section 168AA inserted 1 July 2020 section 19 Land Transport (Rail) Legislation Act 2020 Section 168AA heading amended 23 February 2022 section 9 Land Transport (Clean Vehicles) Amendment Act 2022
168AAB: Certain orders are confirmable instruments
Section 168AAB repealed 28 October 2021 section 3 Secondary Legislation Act 2021
168A: Agency
1: If a vehicle or type of vehicle is powered solely by a motor that has a maximum power output not exceeding 1 500 W, the Agency
2: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output not exceeding 300 W, the Agency
3: If a vehicle or type of vehicle is propelled by a motor that has a maximum power output greater than 300 W but not exceeding 600 W, the Agency
4: If the Agency Agency
a: impose conditions with respect to—
i: the operation of the vehicle or type of vehicle; and
ii: the equipment required on the vehicle or type of vehicle; and
b: specify those conditions in the notice.
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 168A inserted 22 June 2005 section 80 Land Transport Amendment Act 2005 Section 168A heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 168A(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 168A(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
168B: Order in Council for certain land transport revenue
Section 168B repealed 1 May 2011 section 35(1) Land Transport Amendment Act 2009
168C: Piloting fees
1: In any case where the Agency or the Director or the Director
a: the motor vehicle be used only under the supervision of 1 or more enforcement officers; and
b: the person to whom the permission is given pay to the Commissioner any fee that the Commissioner fixes to cover the costs incurred by the Police in providing that supervision.
2: Any fee payable to the Commissioner under subsection (1) constitutes a debt due to the Crown and may be recovered accordingly in any court of competent jurisdiction. 1962 No 135 s 78A Section 168C inserted 10 May 2011 section 89 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 168C(1) amended 1 April 2021 section 121 Land Transport (NZTA) Legislation Amendment Act 2020 Director may grant exemptions from rules and regulations Heading inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168D: Director may grant exemptions
1: The Director may, if the Director thinks it appropriate,—
a: exempt 1 or more named or specified persons, vehicles, vehicle components, rail vehicles, land transport-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Part; or
b: exempt any class of person, vehicle, vehicle component, rail vehicle, land transport-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Part.
2: The power under subsection (1)—
a: must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted; and
b: may be used to allow an exemption from the requirement of a regulation only if the regulations specify under section 167(1)﻿(mba) section 168E
3: The Director must not grant an exemption unless satisfied that—
a: the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: it is appropriate to grant the exemption considering—
i: the Agency’s objective in section 94
ii: the need to maintain or improve land transport safety; and
iii: whether the exemption supports the response to an emergency or other event; and
iv: any other matter that the Director considers appropriate in the circumstances.
4: This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.
5: The Director must notify the number and nature of exemptions granted under subsection (1)﻿(a) in the Gazette
6: A class exemption is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on the Agency’s Internet site Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 168D inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168E: General provisions relating to exemptions
1: This section applies to exemptions under section 168D
2: The Director may—
a: grant an exemption on any terms and conditions that the Director thinks fit:
b: amend or revoke an exemption:
c: grant an exemption for an indefinite or limited period:
d: replace an exemption either before or when it expires.
3: An exemption takes effect from the date specified in the exemption (which, for a class exemption, must not be a date earlier than the date on which the exemption is published under the Legislation Act 2019
4: An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.
5: If the term of an exemption is not specified in the exemption, it has effect for an indefinite period (or until it is replaced or revoked).
6: The breach of a term or condition of an exemption is a breach of the relevant provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise). Section 168E inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021 Transport instruments Heading inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168F: Regulations or rules may provide for transport instruments
1: A regulation or rule made under a land transport Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument.
2: A regulation or rule providing under subsection (1) for a matter to be dealt with in a transport instrument may be made only if,—
a: in the case of a regulation or rule to be made by the Governor-General, the Minister recommends it after being satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
b: in the case of a rule to be made by the Minister, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
c: in the case of a rule to be made by the Agency, the Agency is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.
3: A regulation or rule that provides for a transport instrument must specify who may make the instrument (the Agency, the Director, or the Secretary).
4: A regulation or rule that provides for a transport instrument may—
a: provide for a particular transport instrument as amended or replaced from time to time:
b: provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
c: provide for any requirements in relation to the instrument or its creation.
5: A transport instrument provided for in a regulation or rule is part of that regulation or rule.
6: To avoid doubt,—
a: a transport instrument has effect only to the extent that a regulation or rule made under a land transport Act refers to it; and
b: a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.
7: If a regulation or rule provides for a transport instrument,—
a: a transport instrument made under the regulation or rule is secondary legislation ( see Part 3
b: the regulation or rule must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7)﻿(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 168F inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168G: Agency, Director, or Secretary may make transport instruments
1: For the purposes of section 168F
2: The Agency must not delegate the power to make, amend, or revoke a transport instrument to any person other than the Director or the Secretary.
3: The Secretary or the Director (as the case may be) must not delegate the power to make, amend, or revoke a transport instrument to any person. Section 168G inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168H: Procedures relating to transport instruments
1: The Agency, the Director, or the Secretary must not make, amend, or revoke a transport instrument unless satisfied that all persons and organisations that the Agency, the Director, or the Secretary thinks appropriate have been consulted, having regard to the subject matter of the proposed instrument, amendment, or revocation.
2: The Agency, the Director, or the Secretary (as the case may be) may amend a transport instrument without complying with subsection (1) if satisfied that the amendment is to correct an error, for example, a grammatical or spelling error, or an error in numbering or cross-referencing. Section 168H inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
168I: Incorporation of material in transport instruments
1: Section 165
a: transport instruments were rules; and
b: references in that section to the person making the rule were references to the person making the transport instrument.
2: To avoid doubt, any material incorporated by reference in a transport instrument is to be treated for all purposes as part of the regulation or rule that provides for the instrument. Section 168I inserted 1 April 2021 section 12 Regulatory Systems (Transport) Amendment Act 2021
12: The Crown and land transport
169: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international agreements relating to land transport are implemented. Section 169 substituted 1 December 2004 section 6 Land Transport Amendment Act 2004
169A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in land transport:
b: to administer New Zealand's participation in any international convention, agreement, or understanding relating to land transport to which the Government of New Zealand is a party:
c: to make ordinary rules under this Act. Section 169A inserted 1 December 2004 section 6 Land Transport Amendment Act 2004
13: Clean vehicle standard
Part 13 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
1: Preliminary provisions
Subpart 1 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
170: Purpose of this Part
The purpose of this Part is to achieve a rapid reduction in carbon dioxide emissions from light vehicles imported into New Zealand, to assist New Zealand in meeting its 2050 target and emissions budgets under the Climate Change Response Act 2002 Section 170 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
171: Application of this Part
This Part applies to light vehicles imported into New Zealand. Section 171 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
172: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— approved test cycle category 1 light vehicle importer category 1 light vehicle importer fleet target category 2 light vehicle importer category 2 light vehicle importer target excluded vehicle imported section 173 new obligation year regulations section 167C Type A vehicle
a: a light motor vehicle that—
i: is constructed primarily for the carriage of passengers and has not more than 9 seating positions (including the driver’s seating position); and
ii: either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
iii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type A vehicle for the purposes of this Part Type B vehicle
a: a light motor vehicle that—
i: is constructed primarily for—
A: the carriage of passengers and has more than 9 seating positions (including the driver’s seating position); or
B: the carriage of goods and either has at least 4 wheels or has 3 wheels and a gross vehicle mass exceeding 1,000 kg; and
ii: is not an excluded vehicle:
b: any vehicle or class of vehicle that is declared by the regulations to be a Type B vehicle for the purposes of this Part used
a: Part 17
b: the Transport Act 1962
c: the Transport (Vehicle and Driver Registration and Licensing) Act 1986
d: any corresponding enactment of another country vehicle importer
a: a category 1 light vehicle importer:
b: a category 2 light vehicle importer WLTP
2: A reference in this Part to a specified level of vehicle carbon dioxide emissions is a reference to the number of grams of carbon dioxide emitted per kilometre measured in accordance with the WLTP. Section 172 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
173: Meaning of imported
For the purposes of this Part, a vehicle is imported Section 173 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
174: Measurement and determination of carbon dioxide emissions
1: For the purposes of this Part, carbon dioxide emissions from imported light vehicles must be measured in grams per kilometre based on the approved test cycle.
2: The carbon dioxide emissions of an imported light vehicle are the amount determined in accordance with the regulations or rules made under this Act.
3: If the carbon dioxide emissions of a vehicle have been determined using a test cycle other than the approved test cycle, the carbon dioxide emissions of the vehicle must be determined in accordance with the regulations or rules made under this Act, which may include estimating the carbon dioxide emissions that would have been expected if the vehicle had been tested using the approved test cycle. Section 174 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
2: Clean vehicle standard
Subpart 2 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Targets for reducing carbon dioxide emissions Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
175: Targets for reducing carbon dioxide emissions
1: The targets for the purposes of calculating the weight-adjusted target applicable to each vehicle importer in accordance with the regulations are,—
a: for the calendar year beginning on 1 January 2023,—
i: for Type A vehicles, 145 grams; and
ii: for Type B vehicles, 218.3 grams; and
b: for the calendar year beginning on 1 January 2024,—
i: for Type A vehicles, 133.9 grams; and
ii: for Type B vehicles, 201.9 grams; and
c: for the calendar year beginning on 1 January 2025,—
i: for Type A vehicles, 112.6 grams; and
ii: for Type B vehicles, 155 grams; and
d: for the calendar year beginning on 1 January 2026,—
i: for Type A vehicles, 84.5 grams; and
ii: for Type B vehicles, 116.3 grams; and
e: for the calendar year beginning on 1 January 2027 and, subject to paragraph (f), any subsequent year,—
i: for Type A vehicles, 63.3 grams; and
ii: for Type B vehicles, 87.2 grams; and
f: for any calendar year after 2027, any target set by regulations made under section 167C(1)﻿(j)﻿(iv)
2: Every reference to grams Section 175 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
175A: Minister must review targets
1: The Minister must, not later than 30 June 2024, initiate a review of the targets for reducing carbon dioxide emissions set out in section 175 section 167C(1)﻿(j)﻿(iv)
2: The review must take into account—
a: the anticipated impact of the targets on vehicle carbon dioxide emissions, vehicle safety, and the affordability and availability of vehicles; and
b: the levels of ambition of other jurisdictions, in terms of their existing and proposed carbon dioxide emissions targets; and
c: any other matter the Minister considers relevant in carrying out the review.
3: The review may be undertaken by any method the Minister considers appropriate.
4: In conducting the review, the Minister must consult such persons as the Minister considers appropriate. Section 175A inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Category 1 light vehicle importers: obligations and ways of complying with targets Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
176: Category 1 light vehicle importers: annual, fleet-based compliance regime applies
1: A category 1 light vehicle importer must comply with the targets on an annual basis in relation to the fleet of Type A vehicles, the fleet of Type B vehicles, or (if they imported both Type A and Type B vehicles) each of those fleets of vehicles they imported in the relevant obligation year.
2: The actual average vehicle carbon dioxide emissions across a fleet of vehicles imported by a category 1 light vehicle importer in an obligation year must be less than or equal to the category 1 light vehicle importer fleet target applicable to that importer for the relevant vehicle type of that fleet, calculated in accordance with the formula prescribed by the regulations. Section 176 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
177: Charges payable by category 1 light vehicle importer if carbon dioxide emissions targets exceeded
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year exceed the category 1 light vehicle importer fleet target, the charges calculated in accordance with subsection (2) apply, unless—
a: there are sufficient carbon dioxide credits available in the importer’s carbon dioxide account to offset the excess emissions (whether such credits may have resulted from banking overachievement under section 178 section 180
b: the importer can defer their obligation under section 179
2: The charges are,—
a: from 1 January 2023,—
i: $22.50 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $45.00 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet; and
b: from 1 January 2025,—
i: $33.75 per gram of carbon dioxide in excess multiplied by the number of used vehicles in the fleet; and
ii: $67.50 per gram of carbon dioxide in excess multiplied by the number of new vehicles in the fleet.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003 Section 177 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
178: Category 1 light vehicle importer may bank overachievement of carbon dioxide emissions target
1: If the actual average vehicle carbon dioxide emissions across the fleet of vehicles imported by a category 1 light vehicle importer in an obligation year are less than the fleet target applicable to that importer, the excess reduction in emissions may be carried forward to the next obligation year ( banked
2: Banking provides that the vehicle importer’s carbon dioxide account for the next obligation year will be credited by the amount carried forward.
3: Carbon dioxide credits banked in an importer’s carbon dioxide account expire 3 years from the end of the year in which the credits accrue. Section 178 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
179: Category 1 light vehicle importer may defer obligation
1: This section applies in relation to obligation years 2023, 2024, and 2025.
2: A category 1 light vehicle importer may apply to the Director, in accordance with the regulations, to defer their obligation to meet the category 1 light vehicle importer fleet target for an applicable obligation year ( year 1 year 2
3: If a category 1 light vehicle importer defers their year 1 obligation until year 2, the importer must, at the end of year 2, ensure that they have met or bettered both the year 1 and the year 2 fleet targets.
4: If the vehicle importer does not meet the year 1 and year 2 fleet targets, the charges in section 177 Section 179 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
180: Category 1 light vehicle importer may transfer carbon dioxide credits
(1): A category 1 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 1 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) between a carbon dioxide account relating to new vehicles and a carbon dioxide account relating to used vehicles. Section 180 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Category 2 light vehicle importers: obligations and ways of complying with targets Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
181: Category 2 light vehicle importers: vehicle-by-vehicle compliance regime applies
1: A category 2 light vehicle importer must ensure that each vehicle they import in an obligation year complies with the category 2 light vehicle importer target that applies in respect of that vehicle.
2: The vehicle emissions targets applicable in respect of Type A and Type B vehicles imported by a category 2 light vehicle importer must be calculated in accordance with the formulas prescribed by the regulations. Section 181 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
182: Charges payable by category 2 light vehicle importer if emissions targets exceeded
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer exceed the category 2 light vehicle importer target, the charges set out in subsection (2) apply unless there are sufficient credits available in the importer’s carbon dioxide account (whether such credits may have resulted from banking overachievement under section 183 section 184
2: The charges are,—
a: from 1 January 2023,—
i: $18.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $36.00 per gram of carbon dioxide by which a new imported vehicle exceeds its target; and
b: from 1 January 2025,—
i: $27.00 per gram of carbon dioxide by which a used vehicle exceeds its target; and
ii: $54.00 per gram of carbon dioxide by which a new vehicle exceeds its target.
3: The charges payable under this section are land transport revenue for the purposes of the Land Transport Management Act 2003 Section 182 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
183: Category 2 light vehicle importer may bank overachievement of carbon dioxide emissions
1: If the carbon dioxide emissions of a vehicle imported by a category 2 light vehicle importer are less than the category 2 light vehicle importer target in respect of that vehicle, the overachievement may be banked in the importer’s carbon dioxide account in accordance with the regulations.
2: Section 178(3) Section 183 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
184: Category 2 light vehicle importer may transfer carbon dioxide credits
(1): A category 2 light vehicle importer who imports new vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports new vehicles, in accordance with the regulations.
2: A category 2 light vehicle importer who imports used vehicles may transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer who imports used vehicles, in accordance with the regulations.
3: No transfer may be made under subsection (1) or (2) between a carbon dioxide account relating to new vehicles and a carbon dioxide account relating to used vehicles. Section 184 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Carbon dioxide accounts: general provisions Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
185: Vehicle importers must hold carbon dioxide accounts
1: Every vehicle importer who imports a Type A or Type B vehicle
2: The account must contain the information and be operated in the manner prescribed by the regulations. Section 185 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 185(1) amended 26 November 2022 section 5 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
186: Director must allocate unique numbers for carbon dioxide accounts
The Director must, in accordance with the regulations, allocate a unique account number to each carbon dioxide account when the account is opened. Section 186 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
187: Carbon dioxide account information required for vehicle importation
On and after 1 December 2022, no Type A or Type B vehicle
a: the carbon dioxide account number of the vehicle importer has been provided to the Director; and
b: the carbon dioxide emissions of the vehicle have been recorded in the vehicle importer’s carbon dioxide account. Section 187 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 187 amended 26 November 2022 section 6 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
188: Director to keep accessible record of carbon dioxide accounts
1: The Director must establish and maintain a record of all carbon dioxide holders and the carbon dioxide account number that corresponds to each account holder.
2: Any person may apply to the Director for information contained in the record, in accordance with the regulations, for any of the purposes in subsection (3)﻿(a) or (b).
3: The Director must maintain and operate the record in a manner that—
a: allows members of the public to verify whether a person holds a current carbon dioxide account and whether an account number is correct; and
b: facilitates the transfer of carbon dioxide credits between account holders; and
c: complies with any requirements prescribed by the regulations. Section 188 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Opening, closing, and suspension of carbon dioxide accounts Heading inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
189: Opening carbon dioxide accounts
1: Any person who intends to import a Type A or Type B vehicle
2: The Director must open a carbon dioxide account on receipt of an application under subsection (1) if the Director is satisfied that—
a: the application complies with the prescribed requirements; and
b: if the applicant intends to import new vehicles, the applicant does not already hold a carbon dioxide account that relates to new vehicles; and
c: if the applicant intends to import used vehicles, the applicant does not already hold a carbon dioxide account that relates to used vehicles. Section 189 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022 Section 189(1) amended 26 November 2022 section 7 Land Transport (Clean Vehicles) Amendment Act (No 2) 2022
190: Carbon dioxide account holder may require Director to close account
1: A person who holds a carbon dioxide account may require the Director to close their account.
2: The requirement must be made in the manner prescribed by the regulations. Section 190 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
191: When Director may close carbon dioxide accounts
1: The Director may close a carbon dioxide account—
a: if the Director receives a requirement from the account holder to close the account; or
b: where the Director has not received a requirement from the account holder, if the Director has given the account holder reasonable notice and the Director is satisfied that the account holder no longer requires the account.
2: For the purposes of subsection (1)﻿(b), reasonable notice Section 191 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
192: Director may suspend carbon dioxide accounts
1: The Director may suspend the operation of a carbon dioxide account for a period not exceeding 5 years if—
a: the Director is satisfied that the account holder has failed to comply with specified provisions of this Part or the regulations and the Director has given the account holder reasonable notice; or
b: the account holder has been convicted of an offence under this Part and the Director considers suspension of the account for the relevant period to be necessary for the purpose of maintaining the integrity of the clean vehicle standard.
2: For the purposes of subsection (1)﻿(a), reasonable notice Section 192 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
193: Application of general right of appeal to District Court
Section 106
a: as if every reference to the grant, issue, revocation, or suspension of a land transport document were a reference to the opening, closing, or suspension of a carbon dioxide account; and
b: with all other necessary modifications. Section 193 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
3: Information gathering and enforcement powers
Subpart 3 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
194: Requirement to collect and keep information and records for purposes of clean vehicle standard
1: A vehicle importer must, in relation to each vehicle they import,—
a: collect the data and information prescribed (if any); and
b: keep records of the data and information in the prescribed manner (if any); and
c: keep sufficient information to enable the Director to verify, in relation to each obligation year, the vehicle importation, charges payable, and charges paid.
2: The data, records, and information specified in subsection (1)﻿(a) to (c) must be kept for a period of at least 7 years after the end of the year to which they relate. Section 194 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
195: Offence in relation to failure to collect data and keep records for purposes of clean vehicle standard
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails to comply with section 194
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 195 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
196: Offence of knowingly producing false records or information
1: A vehicle importer commits an offence against this Act if the vehicle importer knowingly or recklessly, in relation to the administration or enforcement of the clean vehicle standard under this Part, provides to the Director information that is false or misleading.
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 196 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197: Inspection of records or other information
1: The Director may require a vehicle importer to produce for inspection any records or other information in the vehicle importer’s possession or control that the Director reasonably considers necessary to establish compliance with the requirements and obligations of the clean vehicle standard.
2: The Director may, in relation to any records or other information produced under subsection (1),—
a: inspect and make copies of, or take extracts from, the records or other information:
b: where the vehicle importer chooses to produce the records or other information at their premises or any other place of inspection,—
i: make copies of the records or other information at the place of inspection:
ii: remove the records or other information if the Director is satisfied that it is impracticable to copy the records or other information at the place of inspection.
3: If the Director removes any records or other information under subsection (2)﻿(b)﻿(ii), the Director must—
a: issue a receipt for the records or other information to the person from whom the records or other information was taken; and
b: return the records or other information as soon as practicable; and
c: for as long as the Director holds the records or other information, allow the person from whom the records or other information was taken to inspect, and obtain copies of, the records or other information at any reasonable time at the premises where the records or other information is held. Section 197 inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197A: Offence in relation to production of records or other information
1: A vehicle importer commits an offence against this Act if the vehicle importer, without reasonable excuse, fails or refuses to comply with a requirement made under section 197
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 197A inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197B: Director may require person to supply information, produce documents, or give evidence
1: If the Director considers it necessary or desirable for the purposes of performing or exercising the Director’s functions, powers, or duties under this Part, the Director may, by notice in writing, require a person—
a: to supply to the Director, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to produce to the Director, or to a person specified in the notice acting on the Director’s behalf in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
c: if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
d: to appear before a specified person, at a time and place specified in the notice, to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.
2: Information supplied in response to a notice under subsection (1)﻿(a) must be—
a: given in writing; and
b: signed in the manner specified in the notice.
3: If a document is produced in response to a notice under subsection (1), the Director, or the person to whom the document is produced, may—
a: inspect and make records of that document; and
b: take copies of the document or extracts from the document.
4: In this section, specified person
a: an employee of the Agency:
b: another person to whom the Director has delegated the power to receive the relevant document or class of documents or to receive evidence and the relevant document or class of documents (being a person that the Director is satisfied is suitably qualified or trained, or is a member of a class of persons who are suitably qualified or trained, to exercise the power). Section 197B inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197C: Offence in relation to requirement to supply information, produce documents, or give evidence
1: A person commits an offence against this Act if the person,—
a: without reasonable excuse, fails or refuses to comply with a notice given under section 197B
b: in purported compliance with a notice given under that section, provides information, or produces a document, or gives evidence knowing it to be false or misleading.
2: A person who is convicted of an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000. Section 197C inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197D: Privileges for person required to supply information, produce documents, or give evidence
Every person has the same privileges in relation to providing information and documents to, and answering questions before, the Director, an employee of the Agency, or a person authorised under section 197B(4)﻿(b) Section 197D inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197E: Confidentiality of information and documents
Sections 109A 109B Land Transport Management Act 2003 section 197B Section 197E inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197F: Effect of proceedings
1: If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 197B
a: the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
b: no person is excused from fulfilling the person’s obligations under that section by reason of the proceeding.
2: However, the court may make an interim order overriding subsection (1), but only if the court is satisfied that—
a: the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
b: the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
c: if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
d: the terms of the order do not unduly hinder or restrict the Director in performing or exercising the Director’s functions, powers, or duties under this Act.
3: The remedies are as follows:
a: any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
b: any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
c: any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation. Section 197F inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
197G: Effect of final decision that exercise of powers under section 197B unlawful
1: This section applies in any case where it is declared, in a final decision given in any proceeding in respect of the exercise of any powers conferred by section 197B
2: If this section applies, to the extent to which the exercise of those powers is declared unlawful, the Director must ensure that, immediately after the decision of the court is given,—
a: any information obtained as a consequence of the exercise of powers declared to be unlawful and any record of that information are destroyed; and
b: any documents, or extracts from documents, that are obtained as a consequence of the exercise of powers declared to be unlawful are returned to the person who previously had possession or control of them, and any copies of those documents or extracts are destroyed; and
c: any information derived from or based on such information, documents, or extracts is destroyed.
3: However, the court may order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the Director subject to any terms and conditions that the court imposes.
4: No information, and no document or extracts from a document, obtained as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or document,—
a: is admissible as evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
b: is admissible as evidence in any criminal proceeding if the evidence is excluded under section 30
c: may otherwise be used in connection with the exercise of any powers conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence. Section 197G inserted 23 February 2022 section 10 Land Transport (Clean Vehicles) Amendment Act 2022
13: Land transport strategies
Part 13 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 National land transport strategy Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
170: National land transport strategy
Section 170 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
171: Procedure for completing national land transport strategy
Section 171 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
172: Currency of national land transport strategy
Section 172 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
173: Amendment or revocation of national land transport strategy
Section 173 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
174: Effect of national land transport strategy
Section 174 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Regional land transport strategies Heading repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
175: Regional land transport strategies
Section 175 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
176: Currency of regional land transport strategies
Section 176 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
177: Copies of regional land transport strategy to be made available to certain persons
Section 177 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
178: Regional land transport committees
Section 178 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
179: Consultation requirements for preparation of regional land transport strategies
Section 179 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
180: Regional councils to consider contracting out functions under this Act
Section 180 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
181: Effect of regional land transport strategies
Section 181 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
182: Annual reports on regional land transport strategy
Section 182 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
183: Certain territorial authorities to prepare land transport strategy
Section 183 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
14: Administrative provisions
Part 14 heading substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
184: Land Transport Safety Authority of New Zealand continued
Section 184 repealed 1 December 2004 section 11(1)﻿(d) Land Transport Amendment Act 2004
185: Authority to be Crown entity
Section 185 repealed 1 December 2004 section 11(1)﻿(d) Land Transport Amendment Act 2004
186: Director of Land Transport
Section 186 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
187: Acting Director
Section 187 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
188: Use of words Land Transport Safety Authority
Section 188 repealed 1 December 2004 section 11(1)﻿(e) Land Transport Amendment Act 2004 Role of Land Transport Safety Authority and Director Heading repealed 1 December 2004 section 11(1)﻿(f) Land Transport Amendment Act 2004
189: Principal objective of Authority
Section 189 repealed 1 December 2004 section 11(1)﻿(f) Land Transport Amendment Act 2004
190: Functions of Authority
Section 190 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004
191: Authority to comply with policy directions
Section 191 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004
192: Performance agreement
Section 192 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004
193: Minister may determine content of agreement or amendment
Section 193 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004
194: Amendment of agreement
Section 194 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004
195: Service charter
Section 195 repealed 1 December 2004 section 11(1)﻿(g) Land Transport Amendment Act 2004 Powers and additional functions of Authority and Director Heading repealed 1 December 2004 section 11(1)﻿(h) Land Transport Amendment Act 2004
196: Authority to have powers of natural person
Section 196 repealed 1 December 2004 section 11(1)﻿(h) Land Transport Amendment Act 2004
197: Functions and powers of Director
Section 197 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
198: Inspections and audits
1: The Director Director
2: The Director Director
3: For the purposes of any inspection or audit carried out in respect of any person under this section, the Director Director
4: A person to whom a requirement is made under this section must comply with that requirement. Section 198(1) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020 Section 198(2) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020 Section 198(3) amended 1 April 2021 section 122 Land Transport (NZTA) Legislation Amendment Act 2020
199: Agency
1: The Agency section 45
2: The national register must show for each driver licence the following information:
a: the holder's full name, address, gender, Agency
b: the number of the licence:
c: the original date of issue of the licence and the date of issue of the current licence:
d: the date of expiry of the licence:
e: the class or classes of vehicles to which the licence applies:
f: endorsements applying to the licence:
g: any conditions applying to the licence:
h: information about any order of disqualification made against the holder of the licence under this Act or any former enactment:
i: information about any court order under this Act or any former enactment authorising the issue of a limited licence to the holder (if the holder has been disqualified from holding or obtaining a driver licence):
ia: information about any court order under this Act authorising the issue of an alcohol interlock licence or zero alcohol licence to the holder:
j: information about any order removing a disqualification imposed on the holder under this Act or any former enactment:
k: information about any suspension of any licence held by the holder , including under any driver licence stop order,
l: information about any revocation or suspension of a driver licence entitling the holder to drive a transport service vehicle, or a prohibition placed on the holder from driving any such vehicle, under Part 4A
m: information about any order of disqualification made against the holder under section 83 or section 124
n: information about any revocation or suspension under this Act or any former enactment of any driver licence held by the holder:
na: information about any cancellation or termination of a driver licence stop order:
o: photographic images of the holder taken for the purposes of this Act:
p: information about demerit points recorded under this Act or any other enactment against the holder for any offence:
q: organ donor information about the holder.
3: The national register must also show information identifying whether a person
4: A person (being the licence holder or another person who obtains the consent of the licence holder) who applies to the Agency and pays the prescribed fee (if any), is entitled to information about the driver licence that is referred to in subsection (2)﻿(b) or (p).
5: A
6: A person who applies to the Agency
a: any information specified in paragraph (d) or paragraph (e) of subsection (2):
b: any information specified in paragraphs (f) to (na) application
7: An application under any of subsections (4)
a: may be made in writing or electronically or orally; and
b: must describe the person named with sufficient particularity to enable the Agency
8: Information requested under any of subsections (4) to (6)
12: For the purposes of this section, driver licence 1986 No 6 s 45 Section 199 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(2)﻿(a) amended 10 May 2011 section 90(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(2)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(2)﻿(c) substituted 16 January 2006 section 82(1) Land Transport Amendment Act 2005 Section 199(2)﻿(ia) inserted 10 May 2011 section 90(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(2)﻿(k) amended 1 November 2013 section 17(1) Land Transport Amendment Act 2011 Section 199(2)﻿(l) amended 1 October 2007 section 82(2) Land Transport Amendment Act 2005 Section 199(2)﻿(m) amended 30 June 2002 section 186 Sentencing Act 2002 Section 199(2)﻿(na) inserted 1 November 2013 section 17(2) Land Transport Amendment Act 2011 Section 199(3) amended 1 December 2009 section 35 Land Transport (Enforcement Powers) Amendment Act 2009 Section 199(4) substituted 10 May 2011 section 90(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 199(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 199(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(6)﻿(b) amended 1 November 2013 section 17(3) Land Transport Amendment Act 2011 Section 199(6)﻿(b) amended 16 January 2006 section 82(3) Land Transport Amendment Act 2005 Section 199(7) amended 16 January 2006 section 82(4) Land Transport Amendment Act 2005 Section 199(7)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199(8) amended 16 January 2006 section 82(5) Land Transport Amendment Act 2005 Section 199(12) added 10 May 2011 section 90(4) Land Transport (Road Safety and Other Matters) Amendment Act 2011
199A: Register of transport service licences
1: The Agency section 29
2: The register must show for each licence the following information:
a: the holder's full name:
b: if the holder is a natural person, the holder's date of birth:
c: the holder's business or residential address:
d: the full name and address of any person in control:
e: the number of the licence:
f: the date of issue of the licence:
g: the class or classes of transport services to which the licence applies:
h: information about any operator safety rating, or other similar information, specified in the regulations or the rules:
i: any conditions applying to the licence:
j: information about any revocation, suspension, or surrender:
k: information about any order of disqualification made against the holder of the licence under this Act or any former enactment:
l: information about any order removing a disqualification imposed on the holder under this Act or any former enactment:
m: the dates of any amendments to the licence.
3:
4: A person who applies to the Agency
a: is, with the consent of the holder of the transport service licence named in the application, entitled to the information stored in the register in respect of the licence holder; but
b: is, without the consent of the holder of the transport service licence named in the application, entitled only to the information stored in the register in respect of the licence holder that is specified in subsection (2)﻿(a) and (g) to (l).
5: An application under subsection (4)—
a: may be made in writing or electronically or orally; and
b: must describe the person named with sufficient particularity to enable the Agency
6: Information requested under subsection (4) may be given in writing or electronically or orally. 1989 No 74 s 29 Section 199A inserted 1 October 2007 section 83 Land Transport Amendment Act 2005 Section 199A(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199A(3) repealed 1 October 2017 section 88(1) Land Transport Amendment Act 2017 Section 199A(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199A(4)﻿(b) replaced 1 October 2017 section 88(2) Land Transport Amendment Act 2017 Section 199A(5)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
200: Restrictions on access to photographic images of driver licence holders
1: No person other than a person acting in the course of the person’s official duties as an employee of the Agency may access or use any photographic image stored under section 28(5)
1A: Subsection (1) is subject to—
a: subsections (2), (3), and (4):
b: section 141
c: subpart 2
2: A person who is acting in the course of the person’s official duties as an employee of the Department of Internal Affairs may access or use any photographic image stored under section 28(5)
3: A person who is the next of kin of a deceased individual to whom a photographic image stored under section 28(5)
a: on production to the Agency of—
i: a death certificate (within the meaning of section 4
ii: the grant of probate of the will of the individual or of letters of administration to the individual’s estate; and
b: only if the person who is seeking access to the photographic image satisfies the Agency that the person is the individual’s next of kin.
4: A person who is acting in the course of the person’s official duties as an employee of a specified agency may access or use any photographic image stored under section 28(5)
5: For the purposes of this section,— next of kin specified agency
a: the Department of Corrections:
b: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009
c: the Ministry of Justice:
d: the New Zealand Customs Service:
e: the New Zealand Police. Section 200 replaced 22 August 2017 section 41 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 200(1) replaced 28 September 2017 section 282 Intelligence and Security Act 2017 Section 200(1A) inserted 28 September 2017 section 282 Intelligence and Security Act 2017 Section 200(1A)﻿(c) replaced 1 December 2020 section 217 Privacy Act 2020 Section 200(3)﻿(a)﻿(i) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Register of land transport records Heading inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200A: Interpretation
In sections 200B to 200O bylaw section 168AAA(3) register section 200E Registrar regulations section 167(1)﻿(mf) section 168AAA Section 200A inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200B: Secondary legislation may require creation of land transport record
1: Secondary legislation made under a land transport Act may require or authorise a land transport record to be created for a decision or other thing made or done in accordance with that secondary legislation.
2: Subsection (1) applies only if the decision or other thing falls within a category of decisions or other things specified in regulations made for the purpose of section 168AAA(1)﻿(a)
3: Nothing in subsection (1) limits any other power in a land transport Act in relation to secondary legislation. Section 200B inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200B(1) amended 1 April 2021 section 13 Regulatory Systems (Transport) Amendment Act 2021
200C: Land transport records must be created for certain bylaws
Section 200C repealed 1 April 2021 section 14 Regulatory Systems (Transport) Amendment Act 2021
200D: Land transport records may be created for certain bylaws
Section 200D repealed 1 April 2021 section 14 Regulatory Systems (Transport) Amendment Act 2021
200E: Register of land transport records
1: A register called the register of land transport records is established.
2: The Registrar must keep and operate the register in accordance with—
a: sections 200F to 200O
b: the regulations. Section 200E inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200F: Purpose of register
The purpose of the register is—
a: to provide conclusive evidence of a land transport record; and
b: to provide a public record of land transport records; and
c: to enable any person to access, or get copies of, land transport records; and
d: to assist or enable any person to perform or exercise the person’s functions, powers, or duties under this Act or any other land transport Act (for example, to commence proceedings against a person for exceeding a speed limit). Section 200F inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200F(a) replaced 1 April 2021 section 15 Regulatory Systems (Transport) Amendment Act 2021
200G: When Registrar must create land transport record
Section 200G repealed 1 April 2021 section 16 Regulatory Systems (Transport) Amendment Act 2021
200H: Date of effect
1: A land transport record has effect only on and from the day after it is created, unless any later date is specified in the record, in which case it has effect on and from that later date.
2: Section 200H inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200H heading amended 1 April 2021 section 17(1) Regulatory Systems (Transport) Amendment Act 2021 Section 200H(2) repealed 1 April 2021 section 17(2) Regulatory Systems (Transport) Amendment Act 2021
200I: Contents of register
1: The Registrar must record in the register the prescribed information for each land transport record.
2: The Registrar may record in the register any other information the Registrar considers appropriate. Section 200I inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200J: Operation, access, and search of register
1: The register may be kept in any manner that the Registrar thinks fit provided it permits the contents to be readily accessed or reproduced in usable form.
2: The register must be operated at all times unless—
a: the Registrar suspends its operation (in whole or in part)—
i: for maintenance purposes; or
ii: in response to technical difficulties; or
iii: to ensure the security or integrity of the register; or
b: the regulations prescribe otherwise.
3: Any person may access or search the register, or make copies of information in the register, except to the extent that—
a: the Registrar suspends its operation in accordance with subsection (2); or
b: the regulations provide otherwise. Section 200J inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200K: Amendments to register
1: The Registrar may amend the register if the Registrar is satisfied at any time that the register—
a: contains a typographical error or a mistake; or
b: omits information that is required or permitted to be included in the register.
2: The Registrar must amend the register—
a: if the regulations require the Registrar to do so; or
b: to give effect to an order or a direction of a court. Section 200K inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200L: Submitting information to Registrar
1: A person submitting information to the Registrar for the purpose of creating a land transport record must submit the following information:
a: information required by the regulations; and
b: any other information required by the Registrar.
2: For the purpose of subsection (1), the Registrar may—
a: specify how the person must submit the information:
b: require the person submitting the information to confirm that any legal requirements in relation to the decision or other thing have been satisfied (for example, that consultation has been properly undertaken). Section 200L inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200M: Registrar must notify person that record created
Once a land transport record is created, the Registrar must notify the person that submitted the information in relation to the record of that fact. Section 200M inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020
200N: Registrar may notify record or changes to register
1: The Registrar must inform the persons or class of persons prescribed in the regulations if the Registrar creates, amends,
2: The Registrar may also give notice of the following matters to any person or class of persons or to the public generally:
a: that a land transport record has been created:
b: that changes have been made to the register.
3: The Registrar may inform or give notice in any manner that the Registrar thinks fit. Section 200N inserted 1 September 2020 section 123 Land Transport (NZTA) Legislation Amendment Act 2020 Section 200N(1) amended 1 April 2021 section 18 Regulatory Systems (Transport) Amendment Act 2021
200O: Evidentiary effect of information on register
1: Subsection (2) applies to a document that—
a: appears to be or to represent an image of a land transport record; and
b: does not appear to have been altered in any way.
2: Unless there is proof to the contrary, the document is conclusive evidence of the contents of the land transport record.
3: The Registrar must provide a copy, or a certified copy, of any information on the register to any person who applies for it and pays the prescribed fee or charge (if any).
4: A certified copy of information on the register purporting to be signed by the Registrar is conclusive evidence for all purposes that the information in the certified copy is entered in the register.
5: The copies referred to in subsections (3) and (4) may be provided in electronic form if the Registrar so determines. Section 200O replaced 1 April 2021 section 19 Regulatory Systems (Transport) Amendment Act 2021 Use of outside agencies in performance of functions Heading repealed 1 December 2004 section 11(1)﻿(i) Land Transport Amendment Act 2004
201: Authority to consider delegating or contracting out of functions and powers
Section 201 repealed 1 December 2004 section 11(1)﻿(i) Land Transport Amendment Act 2004
202: Authority may arrange for services to be provided by outside agencies
Section 202 repealed 1 December 2004 section 11(1)﻿(j) Land Transport Amendment Act 2004 Delegations
203: Authority may delegate functions or powers to employees
Section 203 repealed 1 December 2004 section 11(1)﻿(j) Land Transport Amendment Act 2004
204: Director may delegate functions or powers to employees of Authority
Section 204 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
205: Section 205 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
206: General provisions concerning delegations
under sections 204 and 205 Section 206 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
207: Delegation of Minister's functions or powers to
Agency or Director
1: The Minister may from time to time, either generally or particularly, delegate to the Agency or Director
2: A delegation under this section must be in writing.
3: No delegation under this section may include the power to delegate under this section.
4: The power of the Minister to delegate under this section—
a: is subject to section 160(8)
b: does not limit a power of delegation conferred on the Minister by any other Act.
5: Subject to any general or special directions given or conditions imposed by the Minister, the Agency or Director Agency or Director Agency or Director
6: If the Agency or Director Agency or Director
7: A delegation under this section does not affect or prevent the performance or exercise of any function or power by the Minister, nor does the delegation affect the responsibility of the appropriate Minister for the actions of a person acting under the delegation. 1993 No 88 s 26 Section 207 heading amended 1 April 2021 section 124(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(1) amended 1 April 2021 section 124(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(5) amended 1 April 2021 section 124(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 207(6) amended 1 April 2021 section 124(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 207(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
15: Miscellaneous provisions
208: Appointment of enforcement officers and dangerous goods enforcement officers
1: The Commissioner may, by warrant, appoint a person who is not a constable
a: an enforcement officer for the purposes of—
i: this Act:
ii: Part 2
iii: Part 5
iv: the Road User Charges Act 2012
b: a dangerous goods enforcement officer.
2: The Commissioner may, by warrant, appoint any constable
3: The Agency Agency
a: an enforcement officer for the purposes of—
i: any of Parts 4A 4B 6A 6B 13 sections 22B 22C 36B 113(2)﻿(f) 113A 115 118(6) 124 128A 128B 135(1A) 138 139
ia: subpart 3
ii: Part 5
iii: any provision in the Land Transport Management Act 2003
b: a dangerous goods enforcement officer.
4: Only persons who, in the opinion of the Commissioner or the Agency
5: Each enforcement officer or dangerous goods enforcement officer appointed under this section is to be supplied by the Commissioner or the Agency
6: In specifying the functions of an enforcement officer or dangerous goods enforcement officer under this section, the Commissioner or the Agency
7: The Commissioner or the Agency the Commissioner or the Agency 1962 No 135 ss 6 70K Section 208(1) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 208(1)﻿(a) substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 208(1)﻿(a)﻿(iii) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(1)﻿(a)﻿(iv) inserted 1 August 2012 section 94 Road User Charges Act 2012 Section 208(2) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 208(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(3)﻿(a) substituted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 208(3)﻿(a)﻿(i) amended 23 February 2022 section 11 Land Transport (Clean Vehicles) Amendment Act 2022 Section 208(3)﻿(a)﻿(ia) inserted 27 June 2018 section 8(2) Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 208(3)﻿(a)﻿(ii) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(3)﻿(a)﻿(iii) inserted 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 208(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 208(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
208A: Agency is enforcement officer for certain infringement offences
For the purposes of issuing an infringement notice under section 139
a: the infringement offence to which the notice relates is a moving vehicle offence; and
b: the alleged offence was detected by approved vehicle surveillance equipment (whether the equipment is owned or operated by the Agency or some other person). Section 208A inserted 1 September 2020 section 125 Land Transport (NZTA) Legislation Amendment Act 2020
209: Taking of blood specimens for statistical or research purposes
1: Despite anything in any Act or rule of law, a health practitioner
a: may, with the general or special approval of that health authority, take for statistical or research purposes, whether in the hospital at which the practitioner or officer is employed or otherwise, a blood specimen from a person who the practitioner or officer believes is in the hospital at which the practitioner or officer is employed for examination, care, or treatment as a result of an accident involving a motor vehicle:
b: may, with the consent of a person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, oral fluid
2: A blood, breath, oral fluid
2A:
2B:
2C:
3: Subsections (5) and (6) of section 73 oral fluid
4: For the purposes of this section, a person acting judicially 1962 No 135 s 58J Section 209(1) amended 7 November 2018 section 20 Land Transport Amendment Act 2016 Section 209(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 209(1)﻿(b) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(2) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(2) amended 1 August 2007 section 216 Evidence Act 2006 Section 209(2A) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(2B) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(2C) repealed 1 December 2014 section 15 Land Transport Amendment Act (No 2) 2014 Section 209(3) amended 11 March 2023 section 38 Land Transport (Drug Driving) Amendment Act 2022 Section 209(4) added 1 August 2007 section 216 Evidence Act 2006
209AA: Expiry and repeal of section 209(2A) to (2C)
Subsections (2A) to (2C) of section 209 OIC Land Transport Act 1998 Section 209AA inserted 7 August 2011 section 92 Land Transport (Road Safety and Other Matters) Amendment Act 2011
209A: Analysing
oral fluid or
1: A person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory—
a: an oral fluid sample taken from a person under any of sections 71A to 71C
b: a blood specimen from a person taken under section 72 73
2: Subsection (1) applies to any blood specimen taken under this Act before, during, or after it comes into force.
3: No analysis of an oral fluid sample or
4: An oral fluid sample or a blood specimen analysed or re-analysed under subsection (1) must be treated in a manner that does not identify the person from whom the oral fluid sample or blood specimen is taken.
5: Nothing in this section limits the purposes for which an oral fluid sample or a blood specimen may be analysed or re-analysed under this Act. Section 209A inserted 1 November 2009 section 26 Land Transport Amendment Act 2009 Section 209A heading amended 11 March 2023 section 39(1) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(1) replaced 11 March 2023 section 39(2) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(3) amended 11 March 2023 section 39(3) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(4) replaced 11 March 2023 section 39(4) Land Transport (Drug Driving) Amendment Act 2022 Section 209A(5) inserted 11 March 2023 section 39(4) Land Transport (Drug Driving) Amendment Act 2022
210: Service of notices
1: A notice required to be given to a person for the purposes of this Act, or a request in writing under section 118 Transport (Vehicle and Driver Registration and Licensing) Act 1986
2: If any such notice or request is sent to a person by post, then, unless the contrary is shown, it is to be treated as having been delivered to him or her when it would have been delivered in the ordinary course of post, and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.
3: This section does not apply to an infringement notice or a copy of the notice.
4:
5:
6:
7: 1962 No 135 s 192 2022-10-20 Land Transport Act 1998 Subsections 210(4) to (7) and the heading above subsection (4) are repealed (by section 210(7)) when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. this date is subject to change: Epidemic Preparedness (COVID-19) Notice 2020 (gazette notice 2020-go1368) That notice was renewed on 15 September 2022 and now expires on 20 October 2022 (Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022) (https://gazette.govt.nz/notice/id/2022-sl3849), UNLESS an earlier expiry date is notified; or the notice is further renewed (under section 7 of the Epidemic Preparedness Act 2006). Section 210(4) heading repealed 20 October 2022 section 210(7) Section 210(4) repealed 20 October 2022 section 210(7) Section 210(5) repealed 20 October 2022 section 210(7) Section 210(6) repealed 20 October 2022 section 210(7) Section 210(7) repealed 20 October 2022 section 210(7)
210A: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Act to a territorial authority under section 17
2: A territorial authority may transfer 1 or more of its responsibilities under this Act to a regional council under section 17
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17
b: any powers associated with the responsibility, duty, or legal obligation. Section 210A inserted 22 October 2019 section 38 Local Government Act 2002 Amendment Act 2019
211: Commissioner to provide traffic accident reports
1: A person may apply to the Commissioner for a copy of any traffic accident report and is, on payment of the prescribed fee (if any), entitled to obtain a copy of the report.
2: The Commissioner may delete or omit from a copy of a report required to be supplied under subsection (1) any information that may be withheld in accordance with the provisions of the Official Information Act 1982 Privacy Act 2020
a: the Commissioner must inform the applicant that information has been deleted or omitted from the copy of the report; and
b: the provisions of the Official Information Act 1982 Privacy Act 2020
3: The fee referred to in subsection (1) is, despite section 24(1) section 66
4: In this section, traffic accident report Police employee 1962 No 135 s 199A Section 211(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(2)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 211(4) amended 1 October 2008 section 130(1) Policing Act 2008
211A: Payment of fees
All fees and other money (not being fines, infringement fees, or other penalties) received or recovered for the purposes of Part 4A Agency 1989 No 74 s 65 Section 211A inserted 1 October 2007 section 86 Land Transport Amendment Act 2005 Section 211A amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
212: Agency The Agency 1962 No 135 s 30B(3) Section 212 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 212 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
213: Customs control over imported vehicles
1: If a regulation or rule specifies requirements for motor vehicles imported into New Zealand, a motor vehicle imported into New Zealand must remain subject to the control of Customs until those requirements are complied with.
2: The importer is liable for any fees and charges payable in respect of a motor vehicle while it is subject to the control of Customs for the purposes of this section.
3: In subsection (1), regulation section 167B 167C Section 213(3) inserted 23 February 2022 section 12 Land Transport (Clean Vehicles) Amendment Act 2022
213A: Public right of way at level crossings
1: At a level crossing, the public right of way at the crossing—
a: ceases whenever a rail vehicle on the railway line is approaching and is within a distance of 800 m from the crossing; and
b: at all other times, extends only to the right of crossing the railway line with all convenient speed, but not to stopping or remaining on it.
2: In this section, level crossing section 4(1) Section 213A inserted 20 July 2005 section 103(3) Railways Act 2005
16: Repeals, amendments to other enactments, and transitional and savings provisions
214: Repeals
1: The enactments specified in Parts 1 to 3
2: The enactments specified in clauses 1 to 14 of Part 4 section 1(3) OIC section 52A section 53 section 70AA section 74A section 78 section 78A section 199B(7) Schedule 2 Schedule 2A Land Transport Amendment Act 1997
3: Section 214(3) repealed 10 May 2011 section 94 Land Transport (Road Safety and Other Matters) Amendment Act 2011
215: Amendments to other enactments
1: The enactments specified in Schedule 3
2: The Transport Act 1962 Parts 1 2 5 7 8 9 10 Schedule 4
216: Transitional regulations
1: Without limiting the powers conferred by section 167
a: prescribing transitional and savings provisions concerning the coming into force of this Act, which may be in addition to or in place of the transitional and savings provisions of this Part:
b: to facilitate the bringing into force of any rules under this Act; and to remove any inconsistency between regulations or orders made under the Transport Act 1962
c: providing that subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meanings given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act are to continue to apply:
d: prescribing matters that would otherwise be covered by rules made under section 158
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 216(1)﻿(b) amended 29 June 2009 section 28 Land Transport Amendment Act 2009 Section 216(1)﻿(d) added 22 June 2005 section 88 Land Transport Amendment Act 2005 Section 216(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
217: Expiry of section 216
Section 217 repealed 29 June 2009 section 29 Land Transport Amendment Act 2009
218: Regulations and other enactments having effect under this Act
1: The following regulations are to be treated as regulations made under this Act:
a: the Goods Service Vehicle (Constructional) Regulations 1936
b: the Transport (Vehicular Traffic Road Closure) Regulations 1965
c: the Heavy Motor Vehicle Regulations 1974
d: the Traffic Regulations 1976
e:
f:
g:
h:
i:
j:
2: The following notices are to be treated as notices under section 2 section 115
a:
b: the Transport (Breath Tests) Notice (No 2) 1989
c:
d:
e: the Transport (Approved Vehicle Surveillance Equipment) Notice 1994
f:
g: the Transport (Measurement of Weight) Notice 1997
3: The enactments specified in subsection (1) or subsection (2), which were made under the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 section 214
4: Every regulation prescribing or providing for the fixing of fees and charges under the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 Transport Services Licensing Act 1989 Government Roading Powers Act 1989 section 167 Section 218(1)﻿(e) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)﻿(f) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)﻿(g) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)﻿(h) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)﻿(i) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(1)﻿(j) repealed 29 June 2009 section 30(1) Land Transport Amendment Act 2009 Section 218(2)﻿(a) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)﻿(c) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)﻿(d) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(2)﻿(f) repealed 29 June 2009 section 30(2) Land Transport Amendment Act 2009 Section 218(4) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 218(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
219: Expiry of section 218
Section 219 repealed 29 June 2009 section 31 Land Transport Amendment Act 2009
220: Rules having effect under this Act
All rules made under Part 2 of the Land Transport Act 1993 and in force immediately before the commencement of this section, and all rules made under that Part of that Act that are expressed to come into force on or after the commencement of this section, are to be treated as rules made under this Act.
221: Appointments
1:
2: The warrants of traffic officers appointed under the Transport Act 1962
3: Every member of the Board of the Agency section 184
4: Every member of a regional land transport committee who holds office as such immediately before the commencement of section 178
5: Every person who, immediately before the commencement of this section, held office as a hazardous substances enforcement officer under section 70K section 208 Section 221(1) repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 221(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
222: Saving of certain land transport documents
1: All certificates, permits, licences, warrants of fitness, exemptions, notices, and other documents issued under the Transport Act 1962
2: Section 222(2) repealed 1 April 2021 section 20 Regulatory Systems (Transport) Amendment Act 2021
223: Transfer provisions for certain employees of
1: This section applies to any person (the transferee
a: as an employee of the Agency
i: the administration of motor vehicle registration and licensing under Part 1 Part 2
ii: the administration or enforcement of road user charges under the Road User Charges Act 1977 or Part 2
iii: the administration of fuel excise duty refunds under Part 5 Government Roading Powers Act 1989
iv: the collection of revenue under the Road User Charges Act 1977 Part 1 Government Roading Powers Act 1989
b: becomes or is offered the opportunity to become an employee or director of—
i: any department or other part of the State services (as defined in section 2
ii: any company, partnership, or person— to which the responsibility for any of the matters specified in paragraph (a) has been or is delegated, contracted, or otherwise transferred (the employer
2: No transferee is entitled to any payment, benefit, or compensation, whether for redundancy or otherwise, by reason only of the transferee ceasing to be employed by the Agency
a: the transferee has been or is offered terms and conditions of employment that are similar in overall effect to those of the transferee with the Agency
b: the employer has agreed to treat the transferee's service with the Agency
c: the duties of the transferee are similar in overall effect to those of the transferee with the Agency
3: Any transferee who, immediately before the transfer, was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956
4: Subject to the Government Superannuation Fund Act 1956
5: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Section 223 heading amended 10 May 2011 section 93 Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 223 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)﻿(a)﻿(ii) amended 13 November 2003 section 90 Land Transport Management Act 2003 Section 223(1)﻿(a)﻿(iii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(1)﻿(a)﻿(iv) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)﻿(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)﻿(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 223(2)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
224: Saving of certain notices issued by enforcement officers
A notice issued under subsection (2) or subsection (2A) of section 68B of the Transport Act 1962 section 115
224A: Saving of certain directions given by parking wardens
A direction under section 68BA(2) section 128E Section 224A inserted 10 May 2011 section 95 Land Transport (Road Safety and Other Matters) Amendment Act 2011
224B: Savings of bylaws made under certain Acts
A bylaw made under the Local Government Act 1974 Transport Act 1962 section 22AB Section 224B inserted 10 May 2011 section 95 Land Transport (Road Safety and Other Matters) Amendment Act 2011
225: Savings relating to court orders, proceedings, etc
1: A proceeding, action, or investigation commenced under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
2: A certificate given or evidence produced under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
3: A limited licence issued under section 38 section 105
4: A court order made under any provision of the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
5: In any proceeding, action, or investigation to which subsection (1) applies, service of any document that was effected before the commencement of this section and in accordance with the Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986
226: Saving of notices suspending driver licences
A notice given under section 48 section 90
227: Saving of demerit points
The number of demerit points recorded under section 44 section 88
228: Saving of certain applications under Transport Act 1962
An application pending under any provision of the Transport Act 1962
229: Savings relating to rules and land transport strategies
1: Any action taken by or on behalf of the Minister before the commencement of this section under section 10(1) of the Land Transport Act 1993 section 161(2)
2: Any action taken by or on behalf of the Minister before the commencement of this section under section 29B of the Land Transport Act 1993 section 171
3: Any national land transport strategy and regional land transport strategy in force under Part 3A of the Land Transport Act 1993 Part 13
230: Savings relating to functions of
Agency
1: The notice published in the Gazette section 17(2) of the Land Transport Act 1993 Agency section 190(2)
2: The Authority's performance agreement under section 21 of the Land Transport Act 1993 sections 192 to 194
3: The Authority's service charter under section 22 of the Land Transport Act 1993 section 195 Section 230 heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 230(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
231: Savings relating to blood specimens taken under Transport Act 1962
1: This section applies to blood specimens taken under section 58C section 58D
2: A blood specimen to which this section applies may be analysed or the analysis of that blood specimen may be completed (as the case requires) under this Act by any approved analyst.
3: A certificate of the kind referred to in section 75(5)
4: No analysis under this Act of a blood specimen to which this section applies, and no certificate issued under this Act in respect of such a blood specimen, is invalid on the ground—
a: that the blood specimen was delivered or posted before the commencement of this section and was addressed to a ministry analyst (within the meaning of the Transport Act 1962
b: that the analysis was done or completed, or the certificate was issued, by an approved analyst who was not the ministry analyst to whom the blood specimen was delivered or posted, in accordance with subsection (3) or subsection (4) of section 58F
c: that the person who carried out or completed the analysis or issued the certificate is an approved analyst, regardless of whether or not that person was a ministry analyst (within the meaning of the Transport Act 1962
5: If any person makes an application under section 74
a: the approved analyst who for the time being has custody of the blood specimen is deemed, for the purposes of section 74(5)
b: the approved analyst having such custody may give a certificate of the kind referred to in section 75(6) Transport Act 1962
6: Where a certificate of the kind referred to in section 58G(1)﻿(d) section 75
7: Section 58G(1) Transport Act 1962
232: Savings relating to blood specimens taken under this Act and posted in accordance with Transport Act 1962
1: This section applies to a blood specimen if that blood specimen—
a: is taken under section 72 section 73 Transport Act 1962
b: is received by an approved analyst (or person employed by an approved laboratory and approved for the purpose by an approved analyst).
2: Sections 74 75
a: that blood specimen had been delivered to an approved analyst (or a person employed by an approved laboratory and approved for the purpose by an approved analyst) in a package properly addressed to the approved analyst; and
b: that approved analyst is deemed to be the approved analyst notified under section 74(4)﻿(b)
c: any certificate of the kind referred to in section 75(4) Transport Act 1962 section 74
17: Motor vehicle registration and licensing
Part 17 added 29 June 2009 section 32(1) Land Transport Amendment Act 2009 Preliminary provisions Heading added 29 June 2009 section 32(1) Land Transport Amendment Act 2009
233: Interpretation matters applying to this Part
1: In this Part, unless the context otherwise requires,— accident insurance levy section 214 Accident enforcement authority
a: the New Zealand Police:
b: the Agency or the Director, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency or the Director:
c: a local authority, if an infringement notice is issued by an employee of the local authority or by a person acting on behalf of the local authority:
d: the Registrar motor vehicle (synthetic greenhouse gas) levy section 227(1)﻿(a) ordinary plate personal information personalised plate section 259 prescribed fees prescribed fee section 270(5) registered person Registrar
a: any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Part:
b: any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Part registration plate
a: means a plate issued under—
i: this Part; or
ii: the Transport Act 1962
iii: the Transport (Vehicle and Driver Registration and Licensing) Act 1986
b: includes ordinary plates, supplementary plates, personalised plates, and trade plates sale sell, seller, acquirer purchaser supplementary plate tractor trade plate under section 261 trailer
a: a sidecar attached to a motorcycle; or
b: a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.
2: Except in proceedings for an offence against this Part or regulations made under this Part, a question as to whether a motor vehicle is of a particular design or type for the purposes of this Part or of regulations made under this Part must be determined by the Registrar. 1986 No 6 s 2 Section 233 added 29 June 2009 section 32(1) Land Transport Amendment Act 2009 Section 233(1) accident insurance levy amended 3 March 2010 section 5(1)﻿(b) Accident Compensation Amendment Act 2010 Section 233(1) enforcement authority replaced 1 April 2021 section 126 Land Transport (NZTA) Legislation Amendment Act 2020 Section 233(1) moped repealed 10 May 2011 section 96(1) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 233(1) motor vehicle (synthetic greenhouse gas) levy inserted 1 January 2013 section 103 Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 Section 233(1) motorcycle repealed 10 May 2011 section 96(2) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 233(1) trade plate amended 28 October 2021 section 3 Secondary Legislation Act 2021 Register of motor vehicles Heading inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
234: Register of motor vehicles
1: The Registrar must continue and maintain the register of all motor vehicles for which registration plates are issued.
2: In any proceedings, the contents of the register are proved by the production of a certificate indicating its contents if signed by the Registrar or a person acting under a delegation from—
a: the Registrar; or
b: an enforcement authority. 1986 No 6 s 18 Section 234 inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
235: Purposes of register
The purposes of the register are to facilitate—
a: enforcement of the law:
b: maintenance of the security of New Zealand:
c: collection of charges imposed or authorised by an enactment:
d: administration and development of transport law and policy. Section 235 inserted 1 May 2011 section 32(2) Land Transport Amendment Act 2009
236: Application for information from register
1: Any person may apply to the Registrar, in relation to a specified motor vehicle, for—
a: access to the following information from the register:
i: information on that motor vehicle:
ii: personal information:
b: confirmation that certain information matches personal information on the register, as provided for in section 238
2: The application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
3: The person who receives the application must make and keep, in the form provided by the Registrar for the purpose, a record of the application and of the information supplied. 1986 No 6 s 19(1) Section 236 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
237: Entitlement to receive information
1: A person who applies for information under section 236
2: However, the Registrar may not disclose personal information about an individual unless the Registrar is satisfied that—
a: the person applying for the information is that individual; or
b: the information is required for a purpose specified in section 235
c: the information is within the exception specified in section 241
d: the information may be disclosed under an enactment.
3: Information from the register must not be supplied unless—
a: the prescribed fee is paid; or
b: the Registrar is satisfied that satisfactory arrangements have been made for payment of that fee.
4: The Registrar must, at the request of an individual, supply to the individual—
a: the name of any person to whom personal information about the individual has been disclosed under—
i: subsection (2)﻿(c); or
ii: subsection (2)﻿(d), but only if the enactment in question was the Official Information Act 1982 Privacy Act 2020
b: the purpose of any such disclosure. 1986 No 6 s 19(1), (3) Section 237 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009 Section 237(4)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
238: Registrar may confirm or deny match of information
1: If an application is made under section 236(1)﻿(b)
2: To avoid doubt, the Registrar—
a: may use associated data provided by the applicant such as (in the case of an individual) the date of birth or driver licence number for the purpose of confirming or denying that a specified person is registered in respect of a specified motor vehicle; but
b: may only confirm or deny, as permitted by subsection (1). Section 238 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
239: Further restrictions
1: Despite section 237
2: The Registrar may grant confidential status in respect of a specified motor vehicle if the Registrar certifies that the supply of personal information or information on that motor vehicle would be likely to prejudice—
a: the security or defence of New Zealand:
b: the international relations of the Government of New Zealand:
c: the maintenance of the law, including the detection, investigation, and prevention of offences:
d: the right to a fair trial of any person:
e: the privacy or personal safety of any person.
3: The Registrar must decline to supply personal information or information on a motor vehicle if the Registrar has granted confidential status under subsection (2).
4: Despite subsection (3), information from the register—
a: may be supplied for the purposes set out in section 235(a) to (c)
b: must be released if disclosure is—
i: required by another enactment; or
ii: to the Police at the request of the Commissioner of Police; or
iii: to the Agency, if necessary for the administration of the clean vehicle discount scheme.
5: In considering under subsection (4)﻿(a) whether to approve a supply of information, the Registrar must—
a: consult any agency that provided advice in support of the granting of confidential status in respect of the vehicle or vehicles to which the information relates; and
b: have regard to the reasons for which that status was granted. 1986 No 6 s 19(4) Section 239 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009 Section 239(4)﻿(b)﻿(iii) inserted 23 February 2022 section 13 Land Transport (Clean Vehicles) Amendment Act 2022
240: Complaints procedure
1: Complaints may be made to the Attorney-General against a decision of the Registrar made under section 239(1) or (2)
2: The Attorney-General may investigate a complaint and either—
a: confirm the decision of the Registrar that was the subject of the complaint; or
b: if the Attorney-General considers that the complaint is valid, reverse the Registrar’s decision. 1986 No 6 s 19(5A) Section 240 inserted 1 May 2011 section 32(3) Land Transport Amendment Act 2009
241: Authorised access to name and address only
1: After consulting with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police, the Secretary may, by notice in the Gazette
a: for specified purposes (in addition to the purposes recognised by section 235
b: on conditions that the Secretary thinks fit; and
c: for a specified event or specified period of time not exceeding 5 years.
2: The Secretary may, as he or she thinks fit, cancel or amend by notice in the Gazette
3: An application for authorisation under subsection (1) must be—
a: made to the Secretary in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
4: The Secretary must decide whether to approve the application, and must inform the applicant of his or her decision, within a reasonable time after receiving the information reasonably required by him or her to make the decision.
5: The Secretary may refuse to consider the application if the Secretary believes that it is vexatious or frivolous.
6: The Registrar may withhold the names and addresses of registered persons from a person authorised by a notice published under subsection (1) until the Registrar is satisfied that—
a: the names and addresses will be—
i: kept secure by that person and his or her agents, if any; and
ii: used only for the purpose specified in the notice published under subsection (1); and
b: provision of the names and addresses will not compromise the purpose of any confidential status granted under section 239
c: any conditions specified in that notice will be complied with.
7: An authorisation under subsection (1) does not authorise any person or class of person to have access to the names and addresses of persons—
a: who were previously registered in respect of motor vehicles; or
b: who have notified the Registrar, in accordance with any regulations made under this Part, that they do not wish to have their names and addresses made available under subsection (1). Section 241 added 29 June 2009 section 32(4) Land Transport Amendment Act 2009 Registration and licensing requirements Heading inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
242: Motor vehicles must be registered and licensed
1: A motor vehicle must not be operated on a road unless the motor vehicle—
a: is registered and licensed in accordance with this Part; and
b: has affixed to it and displayed in the manner prescribed by regulations made under this Part the registration plates issued for it; and
c: has displayed in the manner prescribed by regulations made under this Part a current licence issued for it and appropriate for its use under section 244
2: The person registered in respect of a motor vehicle in accordance with this Part must—
a: keep the motor vehicle licensed at all times in accordance with this Part; and
b: ensure that the prescribed fees and accident insurance levies are paid for the time that the motor vehicle is required to be licensed (whether or not it is actually licensed).
3: Subsections (1) and (2) do not override any provisions of this Part or of regulations made under this Part that provide expressly for a motor vehicle to be operated on a road otherwise than in accordance with subsections (1) and (2).
4: A motor vehicle that is a registered motor vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 1986 No 6 s 5(1) Section 242 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Section 242(1)﻿(b) replaced 11 August 2017 section 100 Land Transport Amendment Act 2017 Section 242(1)﻿(c) inserted 11 August 2017 section 100 Land Transport Amendment Act 2017
243: Application for registration
1: An application for registration of a motor vehicle must be—
a: made by or on behalf of the owner to the Registrar in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: an application for a licence for the motor vehicle.
1A: An application for registration of a motor vehicle must also be accompanied by the amount of the motor vehicle (synthetic greenhouse gas) levy for the motor vehicle if required under section 227(1)﻿(a)
1B: An application for registration of a motor vehicle must also be accompanied by the amount of any fees or charges prescribed under section 167(1)﻿(j) section 167A
2: The only persons who may be registered in respect of motor vehicles are—
a: a natural person of or over 15 years of age; or
b: a body corporate; or
c: an agent of the Executive Government of New Zealand.
3: If more than 1 person owns a motor vehicle, only 1 of them may be registered in respect of that vehicle at any given time.
4: Unless the registration is cancelled under this Part, the registration of a motor vehicle continues in force without renewal.
5: In relation to a vehicle treated by virtue of section 242(4)
a: the person registered as the owner of the vehicle immediately before the commencement of this section is to be treated as being registered in respect of the vehicle under this Part; and
b: if there is more than 1 such person, each of them is to be treated as being so registered (accordingly, subsection (3) does not apply until there is to be a change of registered person). 1986 No 6 ss 6A 7(1) 8(2) 22(3) Section 243 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Section 243(1A) inserted 1 January 2013 section 103 Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 Section 243(1B) inserted 23 February 2022 section 14 Land Transport (Clean Vehicles) Amendment Act 2022
244: Application for, and issuing of, licence
1: An application for a licence for a motor vehicle must be made to the Registrar by or on behalf of the person registered (or to be registered) in respect of the vehicle in accordance with any regulations made under this Part.
2: As soon as practicable after receiving a completed application under subsection (1), together with the prescribed fees and accident insurance levies, the Registrar must, if satisfied that the application is in order, issue the appropriate licence for the motor vehicle—
a: in accordance with any regulations made under this Part; and
b: for a licensing period specified in any regulations made under this Part.
3: A licence must not be issued for a motor vehicle that is not registered in accordance with section 242
4: In relation to a vehicle treated by virtue of section 242(4) Transport (Vehicle and Driver Registration and Licensing) Act 1986 1986 No 6 ss 10(1), (2) 13(1)–(3) Section 244 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
245: Commencement of licence
Except as otherwise prescribed by regulations made under this Part, a licence commences,—
a: in the case of a newly registered motor vehicle, on the day of its registration; or
b: on the day after the expiry of the previous licence. Section 245 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009
246: Change of use of motor vehicle
1: If a motor vehicle is to be used for a purpose other than that indicated by the existing licence, the person registered in respect of the motor vehicle must, without delay, apply for the appropriate new licence.
2: The issue of a new licence must be in accordance with regulations made under this Part. 1986 No 6 s 16(1) Section 246 inserted 1 May 2011 section 32(5) Land Transport Amendment Act 2009 Change of registered person on sale or other disposition Heading inserted 1 May 2011 section 32(6) Land Transport Amendment Act 2009
247: Obligations of sellers and acquirers of motor vehicles
1: After the sale of a registered motor vehicle,—
a: the person registered in respect of the vehicle at the time of sale must, without delay, notify the Registrar of the particulars required by any regulations made under this Part; and
b: the person who acquires a motor vehicle must, without delay, notify the Registrar of the particulars required by any regulations made under this Part.
2: A person must, without delay, notify the Registrar of the particulars required by any regulations made under this Part, if that person acquires a motor vehicle—
a: by means other than the sale of that vehicle; and
b: in a manner specified in any regulations made under this Part.
3: A notification required by this section must be made in accordance with any regulations made under this Part. Section 247 inserted 1 May 2011 section 32(6) Land Transport Amendment Act 2009
248: Prohibition against use of motor vehicle
1: This section applies if an enforcement officer or a parking warden believes on reasonable grounds that—
a: a person driving a motor vehicle on a road has committed an offence in relation to which an officer or warden has enforcement powers under this Act or another enactment; and
b: the motor vehicle is not registered under this Part in the name of the current owner of the motor vehicle or with the current address of that person.
2: The enforcement officer or parking warden may give to the driver or owner of the motor vehicle, if present, or affix or cause to be affixed to the motor vehicle, a notice in the form approved by the Registrar for the purpose directing that the motor vehicle—
a: be removed from the road immediately; and
b: not be driven on a road for as long as the notice is in force in accordance with subsection (3).
3: A notice given under subsection (2)—
a: comes into effect at 11.59 pm on the working day after the day when the notice is issued (unless the name and current address of the owner are registered before that time); and
b: remains in force until the motor vehicle has been registered in the name and current address of the owner.
4: Where more than 1 person owns a motor vehicle, reference in this section to the owner is to any 1 of those persons. Section 248 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
249: Circumstances when motor vehicle may be seized and impounded
1: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle if the enforcement officer believes on reasonable grounds that a person has driven the motor vehicle on a road while a notice given under section 248(2)
2: If a motor vehicle is seized and impounded under subsection (1), the enforcement officer must issue to the driver of the motor vehicle, if present, and to the storage provider, copies of a notice in the form approved by the Registrar for the purpose that—
a: acknowledges that the specified motor vehicle has been seized and impounded; and
b: sets out the following matters (if the particulars are reasonably ascertainable):
i: the name and address of the driver; and
ii: the year and make of the motor vehicle, and the details of its registration plates or vehicle identification number; and
iii: the date and time of the seizure; and
iv: the place where the motor vehicle is, or is to be, impounded; and
v: an outline of the driver's rights of appeal under section 267 Section 249 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
250: Personal property
Personal property (other than property attached to or used in connection with the operation of the motor vehicle) present in a motor vehicle at the time of its seizure and impoundment under section 249
a: on request made at the time of the seizure, to a person who produces satisfactory evidence that he or she was lawfully entitled to possess the motor vehicle or the personal property immediately before the motor vehicle was seized and impounded; or
b: subsequently, to—
i: the owner of the personal property; or
ii: a person acting on behalf of the owner of the personal property, if the person produces satisfactory evidence of the owner’s consent to the property being released to that person. Section 250 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
251: Storage of impounded motor vehicles
1: A motor vehicle seized and impounded under section 249
2: The owner of the impounded motor vehicle is liable for the fees and charges incurred for towage and storage.
3: The local authority or storage provider, as the case may be, is entitled to recover the due fees and charges from the owner of the motor vehicle.
4: Subsections (2) and (3) do not limit or affect any rights that may be exercised by the vehicle recovery service operator, the storage provider, or the local authority against the owner of the motor vehicle, or in respect of the motor vehicle.
5: No person may remove or release an impounded motor vehicle from storage, unless that is permitted under this Act.
6: For the purpose of this section, the Commissioner, a person authorised for the purpose by the Commissioner, or a local authority may, as that person thinks necessary, enter into appropriate arrangements with vehicle recovery service operators and storage providers. Section 251 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
252: Release of motor vehicle
1: The owner of a motor vehicle that has been seized and impounded under section 249
a: showing to an enforcement officer—
i: proof of the owner’s identity and either—
A: the certificate of registration of the motor vehicle in the name of that owner; or
B: proof that the owner has supplied to the Registrar the details required under section 247(1)
ii: proof that no fines for which an owner is liable, and that were incurred while the owner owned the motor vehicle, are in default; and
b: paying the towage and storage fees and charges.
2: The storage provider must release the motor vehicle as soon as practicable after the requirements of subsection (1) have been satisfied.
3: An enforcement officer must order the release of an impounded motor vehicle to the owner of the motor vehicle, or a person authorised for the purpose by the owner, as soon as practicable after receiving evidence that the motor vehicle was registered in the name of that owner and with the current address of that owner, at the time of its impoundment.
4: The owner of a motor vehicle released under subsection (3) is not liable to pay the fees and charges for towing and storing the motor vehicle. Section 252 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
253: Disposal of motor vehicle
1: This section applies to a motor vehicle seized and impounded under section 249
2: The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5), as appropriate.
3: A storage provider that is not a local authority may—
a: apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2); and
b: with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.
4: If approval is given under subsection (3) for the disposal of a motor vehicle, the storage provider becomes the owner of the motor vehicle for all purposes.
5: A storage provider that is a local authority may dispose of a motor vehicle under subsection (2) in accordance with section 356A(7)
6: However, before disposing of a motor vehicle under subsection (3) or (5), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6), security interest section 17 Section 253 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009
254: Impounded motor vehicle not to be damaged
1: This section applies to a person authorised by an enforcement officer to—
a: enter a motor vehicle for the purpose of moving it or preparing it for movement; or
b: impound a motor vehicle.
2: The person referred to in subsection (1) must do everything reasonably necessary to ensure that the motor vehicle and personal property in or on the motor vehicle are not damaged. Section 254 inserted 1 May 2011 section 32(7) Land Transport Amendment Act 2009 Cancellation of registration Heading inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009
255: Cancellation of registration
The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part. Section 255 inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009
256: Discretion to refund fees
1: This section applies if—
a: the Registrar cancels the registration of a motor vehicle under section 255
b: a person surrenders a trade plate before the expiry of that plate and the Registrar considers it appropriate to exercise the power specified in subsection (2).
2: If this section applies, the Registrar may, without further authority than this section, refund or cause to be refunded out of a Crown Bank Account an amount equal to the amount of the—
a: licence fee paid for the period for which registration is cancelled:
b: trade plate fee paid for the period for which the trade plate is surrendered. 1986 No 6 s 27(2) Section 256 inserted 1 May 2011 section 32(8) Land Transport Amendment Act 2009 Registration plates Heading inserted 1 May 2011 section 32(9) Land Transport Amendment Act 2009
257: Issue of plates and certificates of registration
1: The Registrar must, if satisfied that an application for registration of a motor vehicle made in accordance with regulations made under this Part is in order,—
a: in the case of ordinary plates,—
i: assign numbers, letters, a distinguishing mark, or a combination of any of these for the ordinary plates that are to be affixed to the motor vehicle; and
ii: issue to the applicant an ordinary plate or plates for the motor vehicle; and
b: in the case of personalised plates, issue the unique numbers, letters, distinguishing marks, or combination of any of these assigned for use on the plates that are to be affixed to the motor vehicle; and
c: issue a certificate of registration for the motor vehicle.
2: A new number or distinguishing mark may be assigned to the motor vehicle if new ordinary plates are issued for it.
3: Ordinary plates issued under this section must be displayed on the motor vehicle unless personalised plates or trade plates are displayed in accordance with this Part or regulations made under this Part.
4: A person to whom registration plates are issued under this section must, at the discretion of the Registrar, surrender any existing registration plates for that motor vehicle to the Registrar. 1986 No 6 s 8(1)–(3) Section 257 inserted 1 May 2011 section 32(9) Land Transport Amendment Act 2009
258: Supplementary plates
1: A registered person may apply to the Registrar for supplementary plates in accordance with any regulations made under this Part.
2: Supplementary plates must be issued and displayed in accordance with any such regulations. Section 258 inserted 1 May 2011 section 32(10) Land Transport Amendment Act 2009
259: Contract to dispose of rights to personalised plates
1: The Registrar may, after consulting with the Minister, enter into a contract to authorise a person to sell or otherwise dispose of the exclusive right to 1 or more letters or numbers, or a combination of both, allocated in accordance with regulations made under this Part for use on personalised plates.
2: Nothing in subsection (1) limits the number of contracts that may be in force under this section at any given time (whether in respect of the same or different letters or numbers or combinations of both).
3: A contract that was entered into under section 9
4: A contract entered into (or deemed to have been entered into) under this section may be terminated by either party on giving reasonable notice to the other party, despite anything to the contrary in the contract or elsewhere.
5: If no contract is in force under this section in respect of particular letters or numbers or combinations of both, the Registrar is the person entitled to sell or dispose of the exclusive right to those letters or numbers or combinations of both for use on personalised plates. 1986 No 6 s 9(2) Section 259 inserted 1 May 2011 section 32(11) Land Transport Amendment Act 2009
260: Acquisition and disposal of personalised plates
1: A person who wishes to purchase or otherwise acquire personalised plates, or the exclusive right specified in section 259
a: apply to the authorised person referred to in section 259
i: to purchase the exclusive right specified in section 259
ii: to convert the existing registration plates of a motor vehicle to personalised plates bearing the same combination of letters and numbers as the existing plates; or
b: purchase that exclusive right on the open market, whether or not the personalised plates have been manufactured.
2: A person who purchases or otherwise acquires personalised plates, or the exclusive right specified in section 259
a: sell or otherwise dispose of them to any other person; or
b: transfer them between motor vehicles owned by that person; or
c: surrender them for ordinary plates.
3: Despite anything in subsections (1) and (2), a person transferring, selling, disposing of, acquiring, or surrendering personalised plates must transfer, sell, dispose of, acquire, or surrender the plates in accordance with any regulations made under this Part.
4: Personalised plates must be issued in accordance with any regulations made under this Part. 1986 No 6 ss 9A 9B 9C Section 260 inserted 1 May 2011 section 32(11) Land Transport Amendment Act 2009
261: Eligibility for trade plates
1: The Minister may, by notice
a: declare the persons or classes of persons who are eligible to apply for and receive trade plates; and
b: prescribe the purpose for which trade plates may be used; and
c: remove the eligibility of persons or classes of persons to apply for and receive or to use trade plates.
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 261 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009 Section 261(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 261(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
262: Application for trade plates
1: A person who is, or who is within a class of persons, eligible to receive trade plates may apply to the Registrar for trade plates.
2: An application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: the accident insurance levy.
3: Trade plates must be issued and used in accordance with any regulations made under this Part. 1986 No 6 s 30(2), (3) Section 262 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009
263: Transitional provision for existing registration plates
Registration plates issued under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding Act are to be treated as registration plates issued under this Part. Section 263 inserted 1 May 2011 section 32(12) Land Transport Amendment Act 2009 General provisions relating to registration and licensing Heading inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
264: Replacement of certificate of registration, licence, or registration plates
1: If the certificate of registration, licence, or registration plates for a motor vehicle have been lost, stolen, damaged, or destroyed, the registered person may, in accordance with any regulations made under this Part, apply for a replacement or duplicate of the certificate of registration, licence, or registration plates.
2: The Registrar may, if satisfied that subsection (1) applies and that the application is complete, issue (in accordance with any regulations made under this Part) a replacement or duplicate of the certificate of registration, licence, or registration plates.
3: In the case of registration plates,—
a: the replacement or duplicate must have the same letters, numbers, distinguishing marks or combination of letters, numbers or distinguishing marks as were assigned to the plates that were lost, stolen, damaged, or destroyed; but
b: nothing in this section requires the Registrar to issue an exact replica of those plates (for example, in terms of colour, format, font, or size). Section 264 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
265: Surrender and seizure of registration plates and facsimile plates
1: The Registrar may order the surrender of—
a: any registration plates if the Registrar is satisfied that the plates—
i: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
ii: being ordinary plates, are not affixed to a motor vehicle; or
iii: have been issued in error or are being used (or are likely to be used) unlawfully; or
b: personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or
c: facsimile plates.
2: An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—
a: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
b: being ordinary plates, are not affixed to a motor vehicle; or
c: have been issued in error or are being used (or are likely to be used) unlawfully; or
d: have been ordered by the Registrar to be surrendered under subsection (1) or in accordance with any regulations.
3: An enforcement officer may seize and destroy any facsimile plates.
4: For the purposes of subsections (1)﻿(c) and (3), facsimile plate 1986 No 6 ss 8(4) 9D(3) Section 265 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
266: Registrar may prohibit or decline to issue plates
The Registrar may, in accordance with regulations made under this Part,—
a: prohibit the use of certain numbers, letters, or combinations of numbers or letters on personalised plates:
b: decline to issue supplementary plates:
c: decline to issue trade plates. Section 266 inserted 1 May 2011 section 32(13) Land Transport Amendment Act 2009
267: Appeal to District Court
1: A person may appeal to the District Court
a: is a person in respect of whom the decision was made; and
b: is dissatisfied with the decision.
2: The Court may confirm, reverse, or modify the specified decision appealed against.
3: Every specified decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with this Part on the ground that an appeal is pending.
4: For the purposes of this section, a specified decision
a: seize and impound a motor vehicle under section 249
b: refuse to issue a supplementary plate or a trade plate in accordance with regulations made under this Part:
c: require the surrender of ordinary plates, personalised plates, supplementary plates, or trade plates in accordance with section 265
d: seize plates under section 265(2) Section 267 inserted 1 May 2011 section 32(14) Land Transport Amendment Act 2009 Section 267(1) amended 1 March 2017 section 261 District Court Act 2016 Offences and penalties Heading inserted 1 May 2011 section 32(15) Land Transport Amendment Act 2009
268: Infringement offences
An enforcement authority may, in relation to infringement offences against regulations made under this Part, exercise the powers specified in sections 138 to 141 Section 268 inserted 1 May 2011 section 32(15) Land Transport Amendment Act 2009 Regulations Heading added 29 June 2009 section 32(16) Land Transport Amendment Act 2009
269: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing for—
i: the licensing and registration of motor vehicles, including (but not limited to)—
A: the requirements for eligibility:
B: cancellation:
C: correction of errors or inaccuracies:
D: cases where particulars need not be recorded on the register:
ii: the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—
A: a statutory declaration by the person to be registered in respect of a motor vehicle that the person is the owner of the motor vehicle:
B: evidence of a person's identity (such as a driver licence):
C: the certificate of registration for a motor vehicle:
D: a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:
E: a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:
F: evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:
iii: the manufacture, issuing, cancellation, refusal to issue, or surrender of registration plates:
iiia: the manufacture or production (including electronic production), issuing, cancellation, refusal to issue, or surrender of licences:
iv: the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:
b: exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—
i: any specified requirements of this Part or of regulations made under this Part:
ii: any prescribed fees:
c: imposing, or authorising the Registrar to impose, conditions in respect of—
i: the use of licences or registration plates:
ii: the operation of a registered motor vehicle on a road:
iii: any matter provided for in regulations made under this Part:
d: making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):
e: prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:
f: permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:
g: prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:
h: prescribing, or authorising the Registrar to prescribe, in relation to registration plates,—
i: the form, colour, and material of registration plates; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on registration plates; and
iii: the means to make registration plates easily visible; and
iv: the number of registration plates to be displayed and the position and manner in which they are to be displayed; and
v: the eligibility requirements for registration plates; and
vi: the duration of registration plates:
ha: prescribing, or authorising the Registrar to prescribe, in relation to licences,—
i: the form (including electronic form), colour, and material and design of licences; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences; and
iii: the means to make licences easily visible or electronically accessible; and
iv: the number of licences to be displayed and the position and manner (which may include electronic manner) in which licences are to be displayed; and
v: the eligibility requirements for licences and licence labels; and
vi: the duration of licences:
i: specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:
j: authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 247 section 247
k: specifying offences for the purposes of this Part:
l: specifying infringement offences for the purposes of this Part:
m: setting out defences to any offences specified under paragraph (k) or (l):
n: setting out the maximum penalty for each offence specified under paragraph (k), which,—
i: in the case of an individual, may be a fine not exceeding $10,000; and
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
o: setting the infringement fee for each offence specified under paragraph (l), which,—
i: in the case of an individual, may not exceed $2,000; and
ii: in the case of a body corporate, may not exceed $10,000:
p: prescribing fees or charges payable in respect of—
i: any application made, or other matter undertaken, under this Part:
ii: any transfer of personalised plates:
q: prescribing fees or charges to cover the costs of—
i: providing information from, or administrative services related to, the register:
ii: producing and issuing licences and registration plates:
iii: replacement certificates, licences, or registration plates:
r: identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003
s: providing for unpaid fees and charges to be recoverable as a debt due to the Crown:
sa: setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle:
t: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Without limiting the generality of subsection (1), regulations may—
a: define a class of motor vehicles by reference to—
i: the actual or intended motor vehicle usage:
ii: ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:
iii: loss of possession or control, whether because of theft or another specified reason:
b: provide that if a registered person applies for an exemption from the requirement in section 242(2)
i: commencing on the day after the date of expiry of the former licence; and
ii: ending on the close of the day immediately before the date when the application for an exemption is lodged:
c: authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)﻿(b) if the Registrar is satisfied that for any reason the motor vehicle to which the application relates will not be operated on a road while the exemption has effect:
d: provide that exemptions referred to in subsection (1)﻿(b) have effect, in each case, for the period that the Registrar thinks fit, unless any limitations are imposed by the regulations made under this Part:
e: provide that exemptions from the requirements in section 242(1) or (2) have no effect while a motor vehicle is being operated on a road, even if the exemption is conferred by or under the regulations made under this Part:
f: provide for the renewal or revocation of exemptions referred to in subsection (1)﻿(b) that are granted by the Registrar:
g: prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:
h: prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plate.
3: Section 168 section 167(1)﻿(j)
4: Without limiting the generality of subsection (3), the following are exempt from any fee or charge payable under this Part for the supply of information from the register of motor vehicles:
a: the New Zealand Police:
b: a statutory entity (within the meaning of the Crown Entities Act 2004
c: a public service agency as defined in section 5
5: Regulations under this section are secondary legislation ( see Part 3
6: If the regulations authorise the Registrar to exercise a power under subsection (1)﻿(b), (c), (h), or (ha) (other than a power that relates only to 1 or more individually identified motor vehicles or named persons),—
a: the instrument by which the Registrar exercises the power is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect.
7: Any regulations that prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 see subpart 3 1986 No 6 s 35A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 269 added 29 June 2009 section 32(16) Land Transport Amendment Act 2009 Section 269(1)﻿(a)﻿(iii) replaced 11 August 2017 section 101(1) Land Transport Amendment Act 2017 Section 269(1)﻿(a)﻿(iiia) inserted 11 August 2017 section 101(1) Land Transport Amendment Act 2017 Section 269(1)﻿(h) replaced 11 August 2017 section 101(2) Land Transport Amendment Act 2017 Section 269(1)﻿(ha) inserted 11 August 2017 section 101(2) Land Transport Amendment Act 2017 Section 269(1)﻿(sa) inserted 1 December 2009 section 36 Land Transport (Enforcement Powers) Amendment Act 2009 Section 269(4)﻿(c) replaced 7 August 2020 section 135 Public Service Act 2020 Section 269(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 269(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 269(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
269A: Additional fee for certain RUC vehicles
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe an additional fee payable in respect of—
a: all RUC vehicles (within the meaning of the Road User Charges Act 2012 section 38 38A
b: 1 or more classes of RUC vehicles that are operated on road and that are exempt from paying road user charges under section 38 38A
2: The additional fee—
a: is to be treated as land transport revenue for the purposes of the Land Transport Management Act 2003
b: is to be set having regard to—
i: the extent of the use of the vehicles on road; and
ii: the likely costs that the vehicles generate when used on road; and
c: is payable in addition to the fee payable in respect of an application for the licence for a motor vehicle or for the issue of trade plates (as the case may be).
3: An additional fee prescribed under subsection (1) may be set at different levels for different classes of vehicles (whether licensed or operating under trade plates).
4: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 269A inserted 23 April 2014 section 4 Land Transport Amendment Act 2014 Section 269A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
270: Fees and charges identified as land transport revenue
1: This section applies to regulations made by Order in Council under section 269 or 269A or to be treated Land Transport Management Act 2003 relevant regulations
2:
3:
4: If relevant regulations are revoked under subpart 3 revocation
5: The reference in subsection (4) to fees or charges replaced or altered by relevant regulations includes fees or charges—
a: prescribed (or having effect as if prescribed) under section 167 168B
b: in force immediately before the commencement of this section.
6: If relevant regulations are revoked under subpart 3
7: Relevant regulations that the House of Representatives resolves should be revoked or varied are revoked or varied in accordance with the terms of the resolution, and any fees and charges collected under the relevant regulations in excess of the fees and charges otherwise payable are, so far as that resolution provides, to be refunded.
8: Section 270 added 29 June 2009 section 32(16) Land Transport Amendment Act 2009 Section 270(1) amended 23 April 2014 section 5(a) Land Transport Amendment Act 2014 Section 270(1) amended 23 April 2014 section 5(b) Land Transport Amendment Act 2014 Section 270(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 270(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(4) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 270(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 270(8) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Appointment Heading added 29 June 2009 section 32(17) Land Transport Amendment Act 2009
271: Appointment of Registrar
Nothing in this Part prevents the Minister from appointing the Agency or the Director Section 271 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Section 271 amended 1 April 2021 section 127 Land Transport (NZTA) Legislation Amendment Act 2020 Delegations and authorisations Heading added 29 June 2009 section 32(17) Land Transport Amendment Act 2009
272: Delegations
1: The Registrar may, either generally or particularly, delegate to specified persons any of the Registrar's functions or powers under this Part.
2: However, subsection (1) does not permit the Registrar to delegate a function or power to a person or a class of persons not employed in the State services (within the meaning of the Public Service Act 2020
3: If the Registrar delegates functions or powers to a person under this section, that person—
a: may, with the prior approval of the Minister, delegate to another person approved functions or powers; and
b: is, in the case of a person not employed in the State services, subject to—
i: the Official Information Act 1982
ii: the Ombudsmen Act 1975
4: A person to whom functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.
5: The Registrar may—
a: delegate a function or power under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being; and
b: impose general or special directions or conditions.
6: A delegation may be given for a specific or indefinite period, but in either case is revocable at will.
7: A delegation of a function or power does not prevent the performance of that function or the exercise of that power by the Registrar.
8: A delegation given under this section—
a: continues in force according to its tenor until it is revoked, even if the Registrar who gave the delegation ceases to be Registrar; and
b: continues to have effect as if it were made by the person appointed as Registrar.
9: A person acting or purporting to act under a delegation under this section must, when reasonably requested, produce evidence of the person's authority to do so.
10: In this section, person 1986 No 6 s 51A Section 272 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Section 272(2) amended 7 August 2020 section 135 Public Service Act 2020
273: Authorisations by Registrar
1: The Registrar may—
a: authorise any persons, or their agents or employees, to issue licences, certificates of registration, and registration plates for motor vehicles under this Part (including replacements as appropriate); and
b: specify how the authority must be exercised; and
c: appoint, and specify the functions and duties of, agents for notifying a change of ownership of a motor vehicle.
2: A person who is authorised under subsection (1) and is not employed in the State services is subject to—
a: the Official Information Act 1982
b: the Ombudsmen Act 1975 1986 No 6 ss 8(6) 13(6) 34(2) Section 273 added 29 June 2009 section 32(17) Land Transport Amendment Act 2009 Fees and charges Heading inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009
274: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 1986 No 6 s 36 Section 274 inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009
275: Other prescribed fees received under this Part
1: This section applies to prescribed fees that are received under this Part and that are not referred to in section 274
2: Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.
3: However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.
4: For the purposes of this section, prescribed recipient 1986 No 6 s 36AA Section 275 inserted 1 May 2011 section 32(18) Land Transport Amendment Act 2009