Transport Act 1962

1: Short Title and commencement
1: This Act may be cited as the Transport Act 1962.
2: Except where this Act otherwise provides, this Act shall come into force on 1 May 1963.
2: Interpretation
1: In this Act, unless the context otherwise requires,— accident compensation levy Accident compensation levy: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 adjoining Agency section 93 agricultural operation Agricultural operation: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 agricultural trailer Agricultural trailer: this definition was omitted inserted 16 November 1973 Transport Amendment Act 1973 alternative fuel system Alternative fuel system: this definition was inserted 17 December 1980 Transport Amendment Act 1980 ambulance approved operational plan Approved operational plan: this definition was repealed 1 October 1989 Transport Amendment Act 1989 approved transport section of a regional planning scheme Approved transport section of a regional planning scheme: this definition was repealed 1 October 1989 Transport Amendment Act 1989 approved urban transport scheme Approved urban transport scheme: this definition was repealed 1 October 1989 Transport Amendment Act 1989 approved vehicle surveillance equipment Approved vehicle surveillance equipment: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 articulated vehicle Articulated vehicle: replaced Assessment Centre Assessment Centre: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 axle section 2(1) Axle: the second proviso of this definition was amended 29 October 1974 Transport Amendment Act 1974 by substituting the expression 1 metre 3 feet 4 inches Axle: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 cargo container Authority Gazette Cargo container: this definition was inserted 19 November 1971 Transport Amendment Act 1971 Transport Amendment Act (No 2) 1983 Cargo container: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister carriage Charges Appeal Authority Charges Appeal Authority: this definition was repealed 1 November 1989 Transport Amendment Act 1989 Commissioner Commissioner: this definition was inserted 1 July 1992 Transport Amendment Act (No 2) 1992 container ship Container ship: this definition was repealed 1 November 1989 Transport Amendment Act 1989 continuous licence Continuous licence: this definition was repealed 1 November 1989 Transport Amendment Act 1989 contract Contract: this definition was repealed 1 November 1989 Transport Amendment Act 1989 contract vehicle Contract vehicle: this definition was repealed 1 November 1989 Transport Amendment Act 1989 controlling authority section 2(1) Controlling authority: this definition was inserted 30 April 1997 section 2(1) Transport Amendment Act 1997 Controlling authority: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 dealer Department Department: this definition was repealed 20 August 1993 Land Transport Act 1993 Department of State State Sector Act 1988 Department of State: this definition was inserted 19 November 1971 Transport Amendment Act 1971 Department of State: this definition was amended 1 April 1982 section 120(4) New Zealand Railways Corporation Act 1981 by substituting the words the New Zealand Railways Corporation the New Zealand Government Railways Department Department of State: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the words State Sector Act 1988 State Services Act 1962; and includes the New Zealand Railways Corporation and the Post Office design designed Design: this definition was inserted 24 October 1969 Transport Amendment Act (No 2) 1969 District District: this definition was repealed 1 November 1989 Transport Amendment Act 1989 driver moped drive Driver: this definition was amended 1 March 1984 Transport Amendment Act (No 3) 1983 by substituting the word moped power cycle driver licence Land Transport Act 1998 Driver's licence: this definition was inserted 30 April 1986 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 Driver licence: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 enforcement authority
a: the New Zealand Police, in the case of an alleged infringement offence
b: the Authority Authority
c: the local authority, in the case of an alleged infringement offence detected by an officer of a local authority:
d: the airport authority, in the case of an alleged infringement offence detected by an officer of an airport authority Enforcement authority: this definition was inserted 20 October 1972 Transport Amendment Act 1972 Enforcement authority: this definition was amended 29 October 1974 Transport Amendment Act 1974 by inserting the words infringement offence Enforcement authority: this definition was substituted 1 April 1981 Transport Amendment Act 1980 Enforcement authority: this definition was amended 23 November 1982 Airport Authorities Amendment Act 1982 Enforcement authority: this definition was substituted 1 July 1992 Transport Amendment Act (No 2) 1992 Enforcement authority: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Ministry Ministry of Transport Enforcement authority: this definition was amended 1 March 1999 section 215(1) Land Transport Act 1998 by omitting the words or an overloading infringement or overloading infringement offence enforcement officer Enforcement officer: this definition was inserted 1 July 1992 Transport Amendment Act (No 2) 1992 explosive section 2(1) Explosive: previously the term explosive was given the same meaning as in the Explosives Act 1957. This provision was contained in section 64(4). The new definition set out the full definition of explosive and transferred the definition from section 64 to the Interpretation section. Explosive: this definition was substituted 29 July 1998 section 149 Hazardous Substances and New Organisms Act 1996 See clause 2 Parts 11 to 16 See clause 2 fares Fares: this definition was repealed 1 November 1989 Transport Amendment Act 1989 farmer farm Farmer: this definition was substituted 11 December 1988 Transport Amendment Act (No 2) 1988 fire brigade section 2(1) Fire brigade: this definition was inserted 30 April 1997 section 2(2) Transport Amendment Act 1997 Fire brigade: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 flammable liquid section 2 of the Hazardous Substances and New Organisms Act 1996 Flammable liquid: this definition was inserted 1 August 1987 Transport Amendment Act 1987 Flammable liquid: this definition was substituted 29 July 1998 section 149 Hazardous Substances and New Organisms Act 1996 See clause 2 Parts 11 to 16 See clause 2 goods section 2(1) Goods: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 goods service goods service licence section 2 Land Transport Act 1998 goods-service vehicle but does not include a tractor Goods-service vehicle: this definition was amended 29 October 1974 Transport Amendment Act 1974 by inserting the words but does not include a tractor gross laden weight Gross laden weight: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 gross weight Gross weight: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 gross weight gross laden weight section 2(1) Gross weight and gross laden weight: this definition was inserted 1 March 1999 section 215(1) Land Transport Act 1998 harbour Harbour: this definition was repealed 1 November 1989 Transport Amendment Act 1989 harbour ferry Harbour ferry: this definition was repealed 1 November 1989 Transport Amendment Act 1989 harbour-ferry service Harbour-ferry service: this definition was repealed 1 November 1989 Transport Amendment Act 1989 hazardous substance section 70E Hazardous substance: this definition was inserted 1 November 1989 Transport Amendment Act 1989 heavy motor vehicle Heavy motor vehicle: this definition was substituted 20 October 1972 Transport Amendment Act 1972 Heavy motor vehicle: this definition was substituted 1 November 1989 Transport Amendment Act 1989 Heavy motor vehicle: Section 2(4) Transport Amendment Act 1989 (1989 No 77) included the new definition of Heavy motor vehicle shown above. However, there has been no formal repeal of the previous definition. heavy traffic
a: the use of any heavy motor vehicle; or
b: any other traffic declared to be heavy traffic by the Authority by notice in the Gazette Heavy traffic: this definition was inserted Transport Amendment Act (No 2) 1967 Heavy traffic: this definition was amended 20 August 1993 Land Transport 1993 by substituting the words Authority by notice in the Gazette hovercraft image Image: this definition was inserted 1 April 1993 Transport Amendment Act (No 3) 1992 Image: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 inflammable liquid Inflammable liquid: this definition was repealed 1 August 1987 Transport Amendment Act 1987 infringement offence section 42A(1) Infringement offence: this definition was substituted 1 April 1981 Transport Amendment Act 1980 initiator Initiator: this definition was repealed 1 November 1986 Transport Amendment Act (No 2) 1983 international cargo container International cargo container: this definition was inserted Transport Amendment Act 1971 invalid carriage Invalid carriage: this definition was repealed 22 June 2005 section 91(1) Land Transport Amendment Act 2005 See sections 96 to 100 issue Issue: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Fund Land Transport Fund: this definition was repealed 1 July 1996 section 29 Transit New Zealand Amendment Act 1995 large passenger service vehicle section 2 Land Transport Act 1998 Licensing Appeal Authority Licensing Appeal Authority: this definition was repealed 1 November 1989 Transport Amendment Act 1989 Licensing Authority Licensing Authority: this definition was repealed 1 November 1989 Transport Amendment Act 1989 licensing year Licensing year: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 load section 2(1) Load: this definition was inserted 1 February 1986 Transport Amendment Act (No 3) 1985 Load: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 local authority Local Government Act 2002 Local authority: this definition was amended 1 April 1978 section 7(3) Local Government Amendment Act (No 3) 1977 by inserting the words a District Council, a Regional Council, a United Council, Local authority: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 Local authority: this definition was substituted 1 July 2003 section 262 Local Government Act 2002 See sections 273 to 314 logbook Director sections 70C 70D Logbook: this definition was inserted 1 August 1987 Transport Amendment Act 1987 Minister section 2(1) Minister: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 moped Moped: this definition was inserted 1 December 1983 Transport Amendment Act (No 3) 1983 motorcar moped Motorcar: this definition was amended 1 March 1984 Transport Amendment Act (No 3) 1983 by substituting the word moped power cycle motor cycle Director moped Motor cycle: this definition was amended 1 March 1984 Transport Amendment Act (No 3) 1983 by substituting the word moped power cycle motor driver's licence driver's licence Motor driver's licence or driver's licence: this definition was amended Transport Amendment Act (No 3) 1983 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 motor vehicle section 2(1) Motor vehicle: the previous definition was amended 29 October 1965 Transport Amendment Act (No 2) 1965 by inserting the words (not being a trailer designed solely for the carriage of goods) Motor vehicle: the previous definition was amended 24 October 1969 Transport Amendment Act (No 2) 1969 by inserting the words and used designed Motor vehicle: paragraph (d) of the previous definition was inserted 29 October 1965 Transport Amendment Act 1965 Motor vehicle: paragraph (f) of the previous definition was substituted 1 January 1969 Transport Amendment Act 1968 Motor vehicle: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 moving vehicle offence Moving vehicle offence: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 Officer an employee Authority Officer: this definition was inserted 1 April 1981 Transport Amendment Act 1980 Officer: this definition was substituted 20 August 1993 Land Transport Act 1993 Officer: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Department Officer: this definition was amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting the words an employee an officer Officer of the Authority Officer of the Authority: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 operate operator Operate: this definition was inserted 1 November 1987 Transport Amendment Act 1987 overloading infringement Overloading infringement: this definition was repealed 1 November 1987 Transport Amendment Act 1987 overloading-infringement fee Overloading-infringement fee: this definition was repealed 1 November 1987 Transport Amendment Act 1987 overloading-infringement notice Overloading-infringement notice: this definition was repealed 1 November 1987 Transport Amendment Act 1987 overloading offence Overloading offence: this definition was inserted 1 November 1987 Transport Amendment Act 1987 Overloading offence: this definition was repealed 1 March 1999 section 215(1) Land Transport Act 1998 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, Parking: this definition was amended 1 April 1981 Transport Amendment Act 1980 by omitting the words where the parking is prohibited for a period in excess of a period fixed by a bylaw of a local authority parking infringement Parking infringement: this definition was repealed 1 April 1981 Transport Amendment Act (No 2) 1980 parking infringement notice Parking infringement notice: this definition was repealed 1 April 1981 Transport Amendment Act (No 2) 1980 parking offence paragraph (a) of the definition of the term stationary vehicle offence section 41A Parking offence: this definition was inserted 1 April 1981 Transport Amendment Act 1980 Parking offence: this definition was substituted 1 April 1993 Transport Amendment Act (No 3) 1992 parking warden section 7 Parking warden: this definition was inserted 1 August 1987 Transport Amendment Act 1987 passenger service passenger service licence passenger service vehicle section 2 Land Transport Act 1998 pedestrian-controlled machine public body Public body: this definition was repealed 1 November 1989 Transport Amendment Act 1989 quarter quarter day rail service vehicle Rail service vehicle: this definition was repealed 20 July 2005 section 103(3) Railways Act 2005 See sections 105 to 111 railway line Railway line: this definition was repealed 20 July 2005 section 103(3) Railways Act 2005 See sections 105 to 111 Registrar Registrar and Deputy Registrar: this definition was repealed 1 August 1986 Transport Amendment Act 1986 registration plate Registration plate: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 rental car Rental car: this definition was repealed 1 November 1989 Transport Amendment Act 1989 rental service rental service licence rental service vehicle section 2 Land Transport Act 1998 road section 2(1) Road: this definition was amended 16 December 1983 Public Works Amendment Act 1983 by omitting the words ; but does not include a motorway within the meaning of the Public Works Amendment Act 1947 Road: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 sale sell seller purchaser seasonal licence Seasonal licence: this definition was repealed 1 August 1987 Transport Amendment Act 1987 Secretary Secretary for Transport Ministry of Transport Secretary or Secretary for Transport: this definition was substituted 1 April 1993 Transport Amendment Act (No 3) 1992 Secretary or Secretary for Transport: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the words Ministry of Transport Department Service Service: this definition was substituted 1 November 1989 Transport Amendment Act 1989 small passenger service vehicle section 2 Land Transport Act 1998 speeding offence speed limit section 2(1) Speeding offence: this definition was amended 1 February 1982 section 248(1) Public Works Act 1981 by substituting the Public Works Act 1981 Public Works Amendment Act 1947 Speeding offence: this definition was inserted 1 April 1993 Transport Amendment Act (No 3) 1992 Speeding offence: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 stationary vehicle offence section 41A Stationary vehicle offence: this definition was inserted 1 April 1993 Transport Amendment Act (No 3) 1992 taxicab
a: designed
b: used for hire or reward for the carriage of passengers otherwise than on defined routes; and
c: available for hire to any member of the public Taxicab: this definition was amended 20 October 1972 Transport Amendment Act 1972 by omitting the words exclusively or taxicab service temporary licence Temporary licence: this definition was repealed 1 November 1989 Transport Amendment Act 1989 territorial authority Local Government Act 2002 Territorial authority: this definition was inserted 1 April 1980 section 8(3) Local Government Amendment Act 1979 Territorial authority: this definition was substituted 1 July 2003 section 262 Local Government Act 2002 See sections 273 to 314 towage fee Director Gazette Director rates of towage fees 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, or on any other differential basis Towage fee:this definition was inserted 1 April 1981 Transport Amendment Act 1980 Towage fee: this definition was amended 22 June 2005 section 91(7) Land Transport Amendment Act 2005 by substituting the words rates of towage fees 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, or on any other differential basis towage fees in respect of offences involving different areas, times, or vehicles See sections 96 100 traction engine Traction engine: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 tractor Tractor: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 trade licence Trade licence: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 trade plates Trade plates: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 traffic officer Land Transport Act 1998 Traffic officer: this definition was substituted 1 August 1987 Transport Amendment Act 1987 inserted Traffic officer: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 trailer
a: a sidecar attached to a motor cycle; or
b: a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power Transit New Zealand Transit New Zealand: this definition was inserted 1 October 1989 Transport Amendment Act 1989 Transit New Zealand: this definition was repealed 13 November 2003 section 90 Land Transport Management Act 2003 transport service transport service licence transport service vehicle section 2 Land Transport Act 1998 trolley omnibus Trolley omnibus: this definition was repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 unladen weight tare weight urban transport area Urban transport area: this definition was repealed 1 October 1989 Transport Amendment Act 1989 use to use user vehicle section 2(1) Vehicle: this definition was amended Transport Amendment Act 1972 Vehicle: paragraph (d) of this definition was amended 1 August 1987 Transport Amendment Act 1987 by substituting the expression 355 mm 14 inches Vehicle: paragraph (i) of this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister Vehicle: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998 vehicle recovery service vehicle recovery service licence vehicle recovery service vehicle section 2 Land Transport Act 1998 waybill Waybill: this definition was repealed 1 November 1986 Transport Amendment Act 1983 weight section 2(1) Weight: the two definitions of weight prior to the 1972 amendment were combined into one definition. Weight is defined in relation to a wheel, and in relation to the load. Weight: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister Weight: this definition was substituted 1 March 1999 section 215(1) Land Transport Act 1998
2:
3: Section 2(1) Agency inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) Authority repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) Director repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) goods service goods service licence amended 1 October 2007 section 91(2) Land Transport Amendment Act 2005 Goods service: this definition was repealed 1 November 1989 Transport Amendment Act 1989 Goods service and goods service licence: this definition was inserted 1 November 1989 Transport Amendment Act 1989 Large passenger service vehicle: this definition was inserted 1 November 1989 Transport Amendment Act 1989 Section 2(1) large passenger service vehicle amended 1 October 2007 section 91(3) Land Transport Amendment Act 2005 Section 2(1) passenger service passenger service licence passenger service vehicle amended 1 October 2007 section 91(4) Land Transport Amendment Act 2005 Passenger service and Passenger service vehicle: these definitions were substituted 1 November 1989 Transport Amendment Act 1989 Rental service, rental service licence, and rental service vehicle: these definitions were substituted 1 November 1989 Transport Amendment Act 1989 Section 2(1) rental service rental service licence rental service vehicle amended 1 October 2007 section 91(5) Land Transport Amendment Act 2005 Section 2(1) small passenger service vehicle amended 1 October 2007 section 91(6) Land Transport Amendment Act 2005 Small passenger service vehicle: this definition was inserted 1 November 1989 Transport Amendment Act 1989 Section 2(1) Transit repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Transport service, transport service licence, and transport service vehicle: this definition was substituted 1 November 1989 Transport Amendment Act 1989 Section 2(1) transport service transport service licence transport service vehicle amended 1 October 2007 section 91(8) Land Transport Amendment Act 2005 Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: this definition was inserted 1 November 1989 Transport Amendment Act 1989 Section 2(1) vehicle recovery service vehicle recovery service licence vehicle recovery service vehicle amended 1 October 2007 section 91(9) Land Transport Amendment Act 2005 Section 2 substituted 20 October 1972 Transport Amendment Act 1972 Subsection (2) repealed 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (3) repealed 20 August 1993 Land Transport Act 1993
1: Administration
3: Transport Department
Section 3 repealed 25 November 1968 Ministry of Transport Act 1968
4: Commissioner of Transport and other officers
Section 4 repealed 25 November 1968 Ministry of Transport Act 1968
5: Inquiries for purposes of transport co-ordination
Part 1 repealed 1 March 1999 section 214(1) Land Transport Act 1998
6: Appointment of traffic officers
Section 6 repealed 1 March 1999 section 214(1) Land Transport Act 1998
7: Appointment of parking wardens
1: Any local authority may appoint any person to hold the office of parking warden.
2: Every person who holds the office of parking warden at the commencement of this section is hereby deemed to have been appointed under the authority of subsection (1)
3: A parking warden may exercise the functions, duties, and powers of a parking warden conferred or imposed by or under this or any other Act only within the district or region
4: Every local authority that appoints any person under this section shall be liable for the actions of that person as a parking warden in all respects as if that person were an officer or employee of the local authority (whether or not that is the case) and as if 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.
5: Subsection (3) repealed Transport Amendment Act (No 2) 1965 Subsection (4) amended 29 October 1965 Transport Amendment Act (No 2) 1965 by omitting the words an agricultural tractor a motor vehicle Subsection (4A) inserted 24 October 1969 Transport Amendment Act (No 2) 1969 Subsection (4B) inserted 2 December 1983 Transport Amendment Act (No 3) 1983 Subsection (4C) inserted 3 April 1985 Transport Amendment Act (No 2) 1985 Section 7 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 A new section 7 inserted 1 August 1987 Transport Amendment Act 1987 Subsection (3) amended 1 July 2003 section 262 Local Government Act 2002 by inserting the words or region district See sections 273 to 314 Subsection (5) repealed 1 November 1987 Transport Amendment Act 1987
2: Registration and licensing of motor vehicles
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
8: Registrar of Motor Vehicles, and Deputy Registrars
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
9: Applications for registration
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
10: Issue of registration certificate and plates
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
11: Annual licences
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
12: Application for licence for motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
13: Exemption from registration and licence fees
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
14: Issue of licences for motor vehicles
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
14A: Form of registration plates and licences
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
14B: Duplicate certificates of registration and substitute registration plates and licences
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
14C: Change of use of motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
15: Unauthorised, deceptive, or obscured registration plates or unauthorised licence
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 Registers of motor vehicles
16: Registers of motor vehicles
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
17: Details of registers to be supplied to applicants
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
18: Notification of change of ownership of motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
18A: Offences relating to registration, annual licensing, and change of ownership of motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
19: Cancellation of registration on destruction or permanent removal of motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
20: Cancellation of registration for not renewing licence for motor vehicle
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
21: No licence for deregistered vehicle until reregistered
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 Special provisions as to dealers in motor vehicles
22: Trade plates and licences
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
23: Application of fees and charges
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
24: Regulations as to registration and licensing
Part 2 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
3: Licensing of drivers of motor vehicles
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
25: Unlicensed persons not to drive motor vehicles
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
26: Issue of drivers' licences and extensions of licences
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
26A: Issue of drivers' licences by
Secretary for Transport Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
27: Inspection of drivers' licences
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
28: Secretary may appoint local authority or other person as agent
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
28A: Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 repealed
28B: Professional driving instructors
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29: Licences issued by local authorities deemed to have been issued by Secretary
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29A: Details of licences issued by issuing authorities to be forwarded to Secretary
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29B: Issue of drivers' licences and extensions of licences
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29C: National register of driver's licences
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29D: Licences of mentally disordered persons to be suspended
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29E: Professional driving instructors
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
29F: Regulations as to motor drivers' licences and driving instructors
Part 3 repealed 30 April 1986 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
4: Penalties for offences, and disqualification of drivers
Part 4 substituted 1 February 1971 Transport Amendment Act 1970 DISQUALIFICATION OF DRIVERS AND ENDORSEMENT OF DRIVERS' LICENCES
30: General penalties
1: Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable to a fine not exceeding $1,000
2:
3: On conviction of any person for an offence against or in respect of
a: any regulations made under section 243
b:
c: any bylaws made under section 72 the Court may, if in its opinion the offence relates to road safety, order the person to be disqualified from holding or obtaining a driver licence Section 30 amended 4 December 1964 Transport Amendment Act 1964 by omitting the words from the date of the conviction Part 4 substituted 1 February 1971 Transport Amendment Act 1970 Section 30 substituted 11 December 1988 Transport Amendment Act (No 2) 1988 Subsection (1) amended 22 June 2005 section 92 Land Transport Amendment Act 2005 by substituting the expression $1,000 $500 See sections 96 to 100 Subsection (2) repealed 1 November 1989 Transport Amendment Act 1989 Subsection (3) amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting paragraph (b), by inserting the words or in respect of driver licence driver's licence Subsection (3)(b) repealed 20 July 2005 section 103(3) Railways Act 2005 See sections 105 to 111
30AA: Specific penalties
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30AB: Penalties for alcohol and drug related traffic offences
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30AC: Community-based sentence may be substituted for disqualification directed under this Part in certain circumstances
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30AD: Further penalty in certain cases where person driving vehicle used in transport service
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30A: Court orders relating to persons convicted twice or more of alcohol or drug related traffic offences
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30B: Assessment Centre fee
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30C: Removal of disqualification by
Director Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
30D: Appeal against refusal of
Director Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
31: Application of disqualification provisions where offender already disqualified
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
32: Disqualification on application by local authority or insurance company or Commissioner of Police or
Director Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
33: Effect of disqualification
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
34: Disqualified person not to apply for or obtain driver's licence while disqualified
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
35: Driving while disqualified or contrary to the terms of a limited licence
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
36: Commencement of period of disqualification
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
37: Retention and custody of licence of disqualified driver
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
38: Issue of limited licence to disqualified person
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
39: Removal of disqualification
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
39A: Approval of traffic improvement schools and defensive driving courses
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
40: Particulars of disqualification orders and of removal of disqualifications and of order authorising limited licences to be sent to
Director Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998
41: Appeals against disqualification order or order refusing a limited licence or refusing removal of disqualification
Sections 30AA to 41 repealed 1 March 1999 section 214(1) Land Transport Act 1998 Owner liability
41A: Owner liability for stationary vehicle offences
1: In this section,— stationary vehicle offence
a: parking in any portion of a road in breach of any Act or regulation, or of any bylaw made under the authority of section 72
b: an offence against any of the following enactments:
i:
ii:
iii:
iv:
v: section 5 or section 242
vi: section 17 Part 17
A: using or permitting to be used on a road a motor vehicle that has unauthorised, deceptive, or obscured registration plates or an unauthorised licence; or
B: failing to display the appropriate registration plate or licence:
vii: section 34(1)(b)
c: Any offence against any regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17 Subsection (1) repealed 1 September 1997 section 3(1) Transport Amendment Act 1997 See clause 2 Subsection (1) inserted 22 June 2005 section 91(10) Land Transport Amendment Act 2005 See sections 96 to 100 Subsection (1) (c) inserted 1 September 1997 section 3(2) Transport Amendment Act 1997 See clause 2 proceedings Summary Proceedings Act 1957 section 42A
2: Proceedings for a stationary vehicle offence may be taken against any one or more of the following persons:
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: any 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)
3: Subject to subsection (5) paragraph (b) or paragraph (c) of subsection (2)
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 accordingly
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.
4: It shall be 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 Summary Proceedings Act 1957
5: It shall be a defence to proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2)
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 severally); or
ii: another person was unlawfully in charge of the vehicle; and
b: forthwith 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 done everything reasonably possible on his or her part to comply with all requests of the enforcement authority to supply to the authority enforcement
6: In the case of any stationary vehicle offence, any defence available under subsection (4) or subsection (5)
7: This section shall have effect notwithstanding anything to the contrary in any Act or rule of law. Part 4 substituted 1 February 1971 Transport Amendment Act 1970 Sections 41A and 41B inserted 1 April 1993 Transport Amendment Act (No 3) 1992 Section 41A(1) stationary vehicle offence amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 41A(1) stationary vehicle offence substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 41A(1) stationary vehicle offence amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 41A(2)(b) substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Subsection (5)(c) amended 20 August 1993 Land Transport Act 1993 by inserting the word enforcement
41B: Owner liability for moving vehicle offences
Sections 41B 42 repealed 1 March 1999 section 214(1) Land Transport Act 1998
42: Evidential provisions relating to approved vehicle surveillance equipment
Sections 41B 42 repealed 1 March 1999 section 214(1) Land Transport Act 1998 Infringement offences
42A: Infringement offences
1: In this Act, the term infringement offence
2: For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under paragraph (e) or paragraph (g) of section 9(1) expression officer
2A: For the purposes of any proceedings in respect of an infringement offence that is an offence against the Transport Services Licensing Act 1989 Part 6 traffic officer officer enforcement officers
3: Where a constable or
a: the user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: the constable or infringement notice
4: Where 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 68BA
a: the user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: the parking warden may issue an infringement notice in respect of the alleged offence.
5: Any sworn or non-sworn member of the Police or any constable,
a: attach an infringement notice, or a copy thereof, to the vehicle to which the notice relates:
b: deliver an infringement notice, or a copy thereof, personally to a person:
c: send an infringement notice, or a copy thereof, to a person by post addressed to the person at the person's last known place of residence or business.
6: For the purposes of the Summary Proceedings Act 1957
a: where an infringement notice, or a copy thereof, is attached to the vehicle to which the notice relates pursuant to subsection (5)(a)
b: where an infringement notice, or a copy thereof, is sent to a person by post addressed to the person at the person's last known place of residence or business pursuant to subsection (5)(c)
7: An infringement notice may be in the same form as an infringement notice under section 139(4) section 140 sections 139 and 140
8: Different forms of infringement notices may be prescribed in respect of different kinds of infringement offences.
8A: The infringement fee payable for a stationary vehicle offence is the infringement fee specified in Schedule 2
9: Where an infringement fee is paid to an enforcement authority that is a local authority or an airport authority Commissioner Commissioner
10: Where the infringement fee for an infringement offence for which an infringement notice has been issued is paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice in respect of the offence pursuant to section 21 sections 44 to 51
a: the date on which the infringement notice was issued is the date on which the offence was committed; and
b: a summary conviction in respect of the offence had been entered against the offender on the date of the payment of the infringement fee.
11: In any proceedings against any person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Authority employee such computer system as is for the time being maintained by any Government agency, (being the Police or the Authority Department for Courts
a: has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or
b: has found a record to the effect that a Court has made an order in respect of an infringement offence or a minor offence— shall, in the absence of evidence to the contrary and if a printout of the record is annexed to the certificate, be sufficient evidence of the matters contained in the certificate. Part 4 substituted 1 February 1971 Transport Amendment Act 1970 Section 42A inserted 29 October 1974 Transport Amendment Act 1974 Section 42A substituted 1 November 1987 Transport Amendment Act 1987 Section 42A substituted 1 November 1987 section 17 Summary Proceedings Amendment Act 1987 The previous subsection (1) amended 20 August 1993 Land Transport Act 1993 by inserting the words , a stationary vehicle offence, and a moving vehicle offence Subsection (1) substituted 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (2) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the words expression officer expressions traffic officer officer Subsection (2A) inserted 1 October 1989 Transport Amendment Act 1989 Subsection (3) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the words constable or traffic officer Subsection (5) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the words sworn or non-sworn member of the Police or any officer Subsection (5) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the word constable traffic officer Paragraph (h) substituted 1 April 1993 Transport Amendment Act (No 3) 1992 Subsection (7) substituted 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (8A) inserted 20 August 1993 Land Transport Act 1993 Subsection (8A) substituted 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (9) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the words that is a local authority or an airport authority other than the Department Subsection (10) substituted 1 April 1993 Transport Amendment Act (No 3) 1992 Subsection (11) inserted 1 April 1993 Transport Amendment Act (No 3) 1992 Subsection (11) amended 1 July 1993 section 129(1) Privacy Act 1993 by substituting the words such computer system as is for the time being maintained by any Government agency, (being the Police or the Department or the Department of Justice) for the purposes of storing law enforcement information the Wanganui computer system Subsection (11) amended 20 August 1993 Land Transport Act 1993 by substituting the words the Police or the Authority the Police or the Department Subsection (11) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 by substituting the words Department for Courts Department of Justice Subsection (11) amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting the words employee of the Authority employee officer of the Authority officer
43: Entitlement to infringement fees
1: Subject to subsection (3) section 42A Summary Proceedings Act 1957
2:
3: A local authority that is an enforcement authority shall be entitled to retain—
a: all infringement fees received by it in respect of offences involving—
i: parking in breach of a bylaw of the local authority in 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 local authority; or
ii: parking in any other portion of a road in breach of a bylaw of the local authority prohibiting 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 that authority; and
b: all towage fees received by it; and
c: such portion of all other infringement fees received by it as the Minister of Finance from time to time approves.
4: The Commissioner Commissioner
5: For the purposes of subsections
6: For the purposes of this section the expression local authority Part 4 substituted 1 February 1971 Transport Amendment Act 1970 Subsection (1) substituted 13 December 1979 Transport Amendment Act (No 2) 1979 Section 43 substituted 17 December 1980 Transport Amendment Act 1980 Section 43 substituted 1 November 1987 Transport Amendment Act 1987 Subsection (1) substituted 1 October 1989 Transport Amendment Act 1989 Subsection (1) amended 1 March 1999 section 215(1) Land Transport Act 1998 by omitting the words or section 69C of this Act Subsection (2) repealed 1 October 1989 Transport Amendment Act 1989 Subsection 3(a) repealed 3 April 1985 Transport Amendment Act (No 2) 1985 Subsection (4) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the word Commissioner Department Subsection (5) amended 1 October 1989 Transport Amendment Act 1989 by omitting the expression (2)
43A: Towage fees where parking offences prosecuted
1: Where, 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 under section 68B(1)(c) section 68BA(2)(b) the Court shall order the defendant to pay, in addition to the fine (if any) and the costs (if any) ordered by the Court, the amount of the appropriate towage fee.
2: Where, 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) or the provision of particulars of a reminder notice under section 21 of that Act Part 4 substituted 1 February 1971 Transport Amendment Act 1970 Section 43A inserted 1 November 1987 section 17 Summary Proceedings Amendment Act 1987 Subsection (2) amended 1 March 2007 section 38 Summary Proceedings Amendment Act 2006 by inserting or the provision of particulars of a reminder notice under section 21 of that Act filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 Demerit points system
44: Recording of demerit points
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
45: Appeal against conviction
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
46: Cancellation of points
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
47: Notice of points
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
48: Disqualification under points system
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
49: Issue of limited licence
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
50: Disqualified person not to apply for or obtain driver's licence
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
51: Regulations as to demerit points
Sections 44 to 51 repealed 1 March 1999 section 214(1) Land Transport Act 1998
5: Road traffic
52: Speed limits
Section 52 repealed 27 February 2005 section 214(2) Land Transport Act 1998 See clause 2
52A: Saving of existing speed limits
1: All speed limits fixed by any Act, regulation, bylaw, or notice in the Gazette section 4
a: a controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993
b: the Agency
c: a Minister of the Crown by bylaw made under section 72(1)(j) This section has only 1 numbered subprov, which makes the formatting odd on the PDF. I haven't inserted empty subprov tags as there is supposed to be a fix in a future realease, and the file is official=no so looks a bit odd anyway. Oh, and the formatting issue isn't showing online in the latest published version. (SH) Section 52A inserted 1 October 1989 Transport Amendment Act 1989 Sections 52 52A substituted 5 April 2004 section 4 Transport Amendment Act 1997 See clause 2 Section 52A(1)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
53: Exemption from speed limits of Police, traffic officers, and ambulance and fire-brigade drivers
Section 53 repealed 22 June 2005 section 91(11) Land Transport Amendment Act 2005 See sections 96 to 100
54: Compliance with speed limit not a defence to other charges
Sections 54 55 56 57 repealed 1 March 1999 section 214(1) Land Transport Act 1998
55: Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs
Sections 54 55 56 57 repealed 1 March 1999 section 214(1) Land Transport Act 1998
56: Causing bodily injury or death through careless use of motor vehicle
Sections 54 55 56 57 repealed 1 March 1999 section 214(1) Land Transport Act 1998
57: Reckless or dangerous driving
Sections 54 55 56 57 repealed 1 March 1999 section 214(1) Land Transport Act 1998 Breath-alcohol and blood-alcohol offences The heading Breath-alcohol and blood-alcohol offences substituted 11 December 1988 Transport Amendment Act (No 2) 1988
57A: Interpretation
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58: Driving with excessive breath-alcohol or blood-alcohol concentration or while under influence of drink or drugs
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58A: Breath screening tests
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58B: Evidential breath tests
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58C: Blood tests
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58D: Hospital blood tests
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58E: Refusal to supply blood specimen
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58F: Procedure for dealing with blood specimens
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58G: Certificates and presumptions in blood-alcohol proceedings
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58H: Circumstances in which certificate not admissible in proceedings
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58I: Reasonable compliance
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
58J: Taking of blood specimens for statistical or research purposes
Sections 57A to 58J repealed 1 March 1999 section 214(1) Land Transport Act 1998
59: Being in charge of motor vehicle while under influence of drink or drugs
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
59A: Driving or attempting to drive with excessive blood-alcohol concentration
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
59B: Breath tests
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
59C: Blood tests
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
59D: Proceedings for offence committed while under the influence of a drug or a drug associated with drink
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
59E: Refusal to supply specimen of blood
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
59F: Special provisions as to persons under medical treatment
Sections 59A to 59F repealed 1 February 1971 Transport Amendment Act 1970
60: Careless or inconsiderate use of motor vehicle
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998 Miscellaneous provisions with respect to motor driving
61: Names of drivers under influence of drink or drugs not to be suppressed
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
62: Arrest of drivers under influence of drink or drugs
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
62A: Traffic officer may arrest for assault on traffic officer
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
62B: Arrested person to be delivered into police custody
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
63: Constable or traffic officer may prohibit or prevent driving
Sections 59 to 63 repealed 1 March 1999 section 214(1) Land Transport Act 1998
64: Compulsory stopping of certain vehicles at railway crossings
Section 64 repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
65: Duties of motor drivers in cases of accidents
Section 65 repealed 1 March 1999 section 214(1) Land Transport Act 1998
66: User of vehicle to stop when required and give name and address, etc
Section 66 repealed 1 March 1999 section 214(1) Land Transport Act 1998
66A: Entry on premises for purpose of exercising powers in relation to breath-alcohol offences
Section 66A repealed 1 March 1999 section 214(1) Land Transport Act 1998
67: Owner or hirer to give information as to identity of driver or passenger
1: On being informed of any offence alleged or parking warden
2: On being informed of any offence alleged to have been committed by a passenger in or through the use of a motor 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 (whether the offence is one against this Act or any other enactment or bylaw), and on being requested so to do by a constable or traffic officer or parking warden
3: Every person commits an offence who—
a: fails to comply with subsection (1) or subsection (2)
b: gives any information in response to a request made under either of these subsections knowing that the information is false or misleading.
4: Every person who commits an offence against subsection (3) Subsection 67 substituted 19 November 1971 Transport Amendment Act 1971 Subsections (1) (2) amended 1 August 1987 Transport Amendment Act 1987 by inserting the words or parking warden Subsection (3) inserted 11 December 1988 Transport Amendment Act (No 2) 1988 Subsection (4) inserted 1 April 1993 Transport Amendment Act (No 3) 1992
68: Power of Court to order attendance at traffic improvement or defensive driving course
Sections 68 68A repealed 1 March 1999 section 214(1) Land Transport Act 1998
68A: Court may order driving test
Sections 68 68A repealed 1 March 1999 section 214(1) Land Transport Act 1998
68B: Powers of constables and traffic officers
Section 68B repealed 1 March 1999 section 214(1) Land Transport Act 1998
68BA: Powers of parking wardens
1: Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden is hereby authorised to enforce the provisions and offences Schedule 2A
2: Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden may—
a: direct any person on any road, and apparently in charge of or in any vehicle, to furnish the person's name and address and give any other particulars required as to the person's identity, and give such information as is within the person's knowledge and as may lead to the identification of the driver or person in charge of any vehicle:
b: 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:
c: 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 it causes an obstruction in the road or to any vehicle entrance to any property, or that its removal is desirable in the interests of road safety or for the convenience or in the interests of the public.
3: Every person commits an offence who fails to comply with any direction given under subsection (2)(a)
4: Every person to whom any direction is given under the authority of this section shall comply with that direction, and no person shall do any act that is for the time being forbidden by any direction given under the authority of this section.
5: Any person who is authorised by a parking warden 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— may do so, but shall do everything reasonably necessary to ensure that the vehicle is not damaged in the course thereof.
6: Any person who—
a: has possession of a vehicle as a result of its being moved under subsection (1)(b)
b: when requested at any reasonable time to do so by a person who produces satisfactory evidence to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved, fails to deliver possession of the vehicle to that person forthwith— commits an offence against this Act, and is liable to a fine not exceeding $1,000. Section 68BA inserted 1 August 1987 Transport Amendment Act 1987 Subsection (1) amended 15 November 2000 section 3 Transport Amendment Act 2000 by inserting the words and offences provisions
68C: Drivers and pedestrians to comply with traffic directions
Section 68C repealed 1 March 1999 section 214(1) Land Transport Act 1998
68D: Jurisdiction of traffic officers
Section 68D repealed 1 March 1999 section 214(1) Land Transport Act 1998
68E: Search warrants relating to road user charges offences
1: A search warrant issued under section 198(1)
a: to any traffic officer by name, being a traffic officer authorised by the Commissioner
b: generally to every such traffic officer; or
c: in the manner provided by section 198(2)
2: Where any search warrant to which this section relates is directed to any traffic officer by name or generally to every traffic officer authorised to execute search warrants, the Summary Proceedings Act 1957
3: Any traffic officer executing any search warrant shall, when reasonably requested to do so, produce evidence of the traffic officer's authority from the Commissioner Section 68E inserted 1 October 1989 Transport Amendment Act 1989 Subsections (1)(a) (3) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the word Commissioner Secretary Heavy traffic
69: Limitation of weight of motor vehicles for use on road
Section 69 repealed 1 January 1970 Transport Amendment Act (No 2) 1969
69A: Powers of traffic officers in respect of heavy motor vehicles
Section 69A repealed 1 March 1999 section 214(1) Land Transport Act 1998
69B: Overloading offences
Section 69B repealed 1 March 1999 section 214(1) Land Transport Act 1998
69C: Overloading of Crown vehicles
Section 69C repealed 1 March 1999 section 214(1) Land Transport Act 1998
69D: Removal and retention of hubodometers by authorised officers
1: Any constable, traffic officer who is a non-sworn member of the Police, or officer of the Department authorised by the Secretary to exercise any powers under this section (in this section each referred to as an ‘authorised officer’) may remove or require the removal from any motor vehicle on any road of any hubodometer for the purpose of inspection to determine whether the hubodometer has been modified or tampered with.
2: Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A subsection (1) section 22A
3: Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A
4: Where any hubodometer or licence is retained by an authorised officer under this section the operator of the vehicle from which the hubodometer is removed or to which the licence relates may cause the vehicle to be moved for such distance, not exceeding 100 kilometres, as may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and the vehicle shall be deemed for the purposes of the Road User Charges Act 1977
5: Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with or does any act in contravention of any direction given under this section. Section 69D inserted 1 April 1969 Transport Amendment Act 1968 repealed 1 November 1987 1987 No 96 The current section 69D inserted 1 October 1989 Transport Amendment Act 1989 Section 69D(1) substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the words a non-sworn member of the Police an officer of the Department Subsection (5) substituted 29 July 1995 section 4 Transport Amendment Act 1995 See section 14
70: Strict liability for offences involving insecure loads and loads falling from heavy vehicles
Section 70 repealed 1 March 1999 section 214(1) Land Transport Act 1998
70A: Constable or traffic officer to order stopping of heavy motor vehicle until load is secured
Section 70A repealed 1 March 1999 section 214(1) Land Transport Act 1998
70AA: Restriction of heavy traffic on roads
1: The Minister in the case of a Government road, the Agency Part 4 Government Roading Powers Act 1989
2: A copy of every notice under this section shall be displayed in at least 1 prominent position on every road to which the notice applies.
3: Every person commits an offence who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned. Section 70AA inserted 1 October 1989 Transport Amendment Act 1989 Section 70AA(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Driving hours and logbooks Heading repealed 1 October 2007 section 93 Land Transport Amendment Act 2005
70B: Driving hours
Section 70B repealed 1 October 2007 section 93 Land Transport Amendment Act 2005
70C: Driver logbooks
Section 70C repealed 1 October 2007 section 93 Land Transport Amendment Act 2005
70D: Offences and proceedings concerning logbooks and driving hours
Section 70D repealed 1 October 2007 section 93 Land Transport Amendment Act 2005 Hazardous substances
70E: Definition of
hazardous substance Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70F: Duties of operators of vehicles transporting hazardous substances
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70G: Consignors to advise of presence of hazardous substances
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70H: Drivers to have licence with hazardous substances endorsement
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70I: Power to stop vehicles for breach of hazardous substances provision
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70IA: Power to inspect rail service vehicles
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70IB: Power to inspect premises used for loading
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70J: Heavy motor vehicles of or over 3,500 kg to comply with hazardous substances requirements
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
70K: Director and Commissioner of Police may appoint hazardous substance enforcement officers
Sections 70E to 70K repealed 3 May 1999 section 214(2) Land Transport Act 1998 See clause 2
71: Restriction of heavy traffic on roads
Section 71 repealed 1 October 1989 Transport Amendment Act 1989 Hovercraft
71A: Use of hovercraft on or over any roads
Section 71A repealed 1 March 1999 section 214(1) Land Transport Act 1998 Bylaws
72: Bylaws as to the use of roads
1: Subject
a: providing for the weighing or measurement of loads of vehicles, or for the computation of the weight or measurement of loads from the cubical or superficial measurements thereof; prescribing what quantity of any material shall for the purpose of such computation be conclusively deemed to be a specified weight or measurement; and providing for the drivers of vehicles giving such information as to the loads thereof and as to the quantity, weight, size, or measurement of the loads, or doing such things for the purpose of enabling the same to be ascertained, as may be requested by any person authorised in that behalf:
b: regulating the weights of vehicles or loads that may pass over bridges or culverts:
c: prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, and regulating the times at which or the manner in which any vehicles, horses, cattle, sheep, pigs, or other animals may cross or be taken over any bridge or culvert:
d: 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 such roads; and prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any such road, otherwise than at the times and by the routes so prescribed, except with the permission of the said Minister or of the local authority, as the case may be, and on such conditions as the said Minister or the local authority, as the case may be, thinks fit:
dd: prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, or pigs along any road, and requiring that no horses, cattle, sheep, or pigs shall be taken upon or enter any road unless they are confined within a motor vehicle:
e: 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 thereon:
f: 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
g: 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 therefrom to any road, bridge, culvert, ferry, or ford:
h: providing for the establishment, in accordance with section 361
i: prohibiting or restricting absolutely or conditionally any specified class of traffic (whether heavy traffic or not), or any specified motor vehicle or class of motor vehicle which by reason of its size or nature or the nature of the goods carried is unsuitable for use on any road or roads specified in the bylaw:
ia: providing that, subject to the erection of the prescribed signs, vehicles on roads designated in the bylaw shall travel in one specified direction only:
j: in the case of Ministers of the Crown only, fixing
k: 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 shall be deemed for the purposes of the bylaw to be of such class or description as is specified in the bylaw, notwithstanding that the vehicle may belong to any other class or description for any other purpose:
ka: prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in one direction to facing or travelling in the opposite direction, or prohibiting vehicles on a roadway, other than vehicles of a class specified in the bylaw, from turning to the right or to the left:
kb: prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane specified in the bylaw may be used or any turning movement may be made only by omnibuses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads or not less than a specified number of occupants
kc: 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 vehicles, on any specified road during such hours or exceeding such period as may be specified:
l: prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.
2: Any bylaws made under this section may apply generally to all roads under the care, control, or management of the Minister or local authority making the bylaws, or to any specified road, or to any specified part or parts thereof, and may apply to all vehicles or traffic or to any parts thereof, and may apply to all vehicles or traffic or to any specified class or classes of vehicles or traffic, and may operate at any time or at any specified time or times.
3: All charges, fees, and tolls received by any local authority under this section in respect of any road shall, without any deduction except for the cost of collection, be expended on the maintenance of that road.
4: A copy of every bylaw made under this section by a local authority shall within one week after the making thereof be sent by the local authority to the Minister of Transport, who may at any time disallow the bylaw or any part thereof under section 74
5: Nothing in this section shall apply to any authorised railway or tramway on, over, or across any road, or shall limit any powers of regulating traffic on roads otherwise possessed by the Governor-General, any Minister of the Crown, or any local authority.
6: The power to make bylaws regulating, controlling, or prohibiting vehicular traffic shall be subject to the provisions of this Act or any other enactment dealing with any specified class or classes of traffic or vehicles.
6A: Every person who—
a: parks in breach of a bylaw of a local authority in 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 local authority; or
b: parks in any other portion of a road in breach of a bylaw of a local authority prohibiting parking for a period in excess of the period fixed by the bylaw— commits an offence, and (where no penalty is prescribed in respect thereof in the bylaws of the local authority) is liable to a fine not exceeding $20).
7: In this section and in sections 73 74 local authority the Agency Subsection (1) amended 1 October 1989 section 116(4) Transit New Zealand Act 1989 by omitting the words to section 13 of the National Roads Act 1953 Subsection (1)(dd) inserted 2 December 1970 Transport Amendment Act 1970 Subsection (1)(f) amended 1 August 1987 Transport Amendment Act 1987 by inserting the words or strengthening Subsection (1)(h) substituted 1 April 1980 section 8(3) Local Government Amendment Act 1979 Subsection (1)(i) substituted 29 October 1974 Transport Amendment Act 1974 Subsection (1)(ia) inserted 20 October 1972 Transport Amendment Act 1972 Subsection (1)(j) amended 5 April 2004 section 11 Transport Amendment Act 1997 by substituting the words In the case of Ministers of the Crown only, fixing Fixing See clause 2 Subsection (1)(k) substituted 20 October 1972 Transport Amendment Act 1972 Subsection (1)(kk) inserted 2 December 1970 Transport Amendment Act 1970 Subsection (1)(kk) repealed 29 October 1974 Transport Amendment Act 1974 Subsections (1)(ka) (kb) inserted 29 October 1974 Transport Amendment Act 1974 Subsection (1)(kb) amended 3 April 1985 Transport Amendment Act (No 2) 1985 by inserting the words or not less than a specified number of occupants Subsection (1)(kc) inserted 11 December 1988 Transport Amendment Act 1988 Subsection (1)(l) amended 2 December 1970 Transport Amendment Act 1970 by substituting the expression not exceeding $200 not exceeding one hundred dollars Subsection (1)(l) amended 1 August 1987 Transport Amendment Act 1987 by substituting the expression not exceeding $500 not exceeding $200 Subsection (6A) inserted 1 April 1981 Transport Amendment Act 1980 Section 72(7) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (7) amended 1 October 1989 section 116(4) Transit New Zealand Act 1989 by substituting the words Transit New Zealand the National Roads Board
73: Publication and proof of bylaws
1: Where any bylaw made under section 72
2: Printed copies of all bylaws made under section 72
74: Power of Minister to disallow local bylaws relating to traffic
1: The Minister may at any time, by notice published in the Gazette
2: On any disallowance under this section the bylaw shall, to the extent to which it is disallowed, be deemed to have been revoked.
3: Any disallowance under this section shall take effect either on the day of the publication of the notice of disallowance in the Gazette General provisions
74A: Minister may ensure roading safety
If at any time the Minister has cause to believe that any road is not in a safe condition the Minister may inquire into the circumstances, and if in the Minister's opinion the Agency
a: the Minister may in writing advise the Agency
b: the Agency Section 74A inserted 1 October 1989 Transport Amendment Act 1989 Section 74A amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 74A(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 74A(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
75: Local authorities may arrange for enforcement of traffic laws by Transport Department
Section 75 repealed 1 July 1992 Transport Amendment Act 1992
76: Section 76 repealed section 4(1) Local Government Amendment Act 1978
76A: Temporary closure of non-essential roads
Section 76A repealed 1 April 1979 section 4(1) Local Government Amendment Act 1978
76B: Notification of road hazards
Sections 76B 76C repealed 1 March 1999 section 214(1) Land Transport Act 1998
76C: Traffic surveys
Sections 76B 76C repealed 1 March 1999 section 214(1) Land Transport Act 1998
77: Regulations
1: Without limiting the general power to make regulations conferred by section 199
a: providing for minimising the noise and the issue of smoke or fumes from the working of any vehicles:
b: restricting or prohibiting the use of vehicles that, owing to defects of construction or to disrepair, are unsuitable for safe use:
c: prescribing the affixing of efficient brakes to vehicles:
d: prescribing the kinds of lamps that may be carried on vehicles, requiring the carrying of such lamps, and prescribing how and when they are to be used:
da: requiring the wearing or use of safety equipment by riders and passengers on vehicles:
e: regulating the attaching and use of bells, alarms, reflectors, direction indicators, and other instruments for giving notice of the approach, position, or course of vehicles, or for assisting in their control; prescribing the kinds thereof to be used on different classes of vehicles; and prohibiting the use on any class of vehicle of any bell, alarm, reflector, direction indicator, or other instrument as aforesaid of a kind that is not prescribed for use on that class of vehicle or of a kind that is prescribed for use on any other class of vehicle:
ee: prescribing for the safety of the public or of any person matters in relation to the design and construction of motor vehicles manufactured, assembled, or modified in New Zealand and intended to be used on roads, or of any specified classes of such motor vehicles, or of such motor vehicles manufactured, assembled, or modified by any specified classes of persons, or in relation to any components or equipment manufactured in New Zealand for use in motor vehicles:
ef: prescribing or authorising the Agency
f: prescribing the maximum weight and the maximum dimensions of any vehicle, and any load thereon, that may be used on any road, the maximum weight that may be transmitted to the road surface by the wheel or wheels on any one axle of a vehicle, and the maximum air pressure of the tyres of any heavy motor vehicle or specified kind of heavy motor vehicle:
fa: providing that the local authority or other body or person having the control over any road may declare the road or part thereof to be a construction zone for the purposes of the regulations, prescribing the signs to be erected in such construction zones, and providing for the exemption from the provisions of any regulations made under this Act of specified classes of motor vehicles while used within such construction zones:
fb: prescribing requirements as to devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried on motor vehicles or any specified class of motor vehicles, or to be used by the driver of or any person in or on a motor vehicle or any specified class of motor vehicles; and any such regulations may—
i: prescribe, or authorise the Agency , specifications, or codes of practice , specifications, or codes of practice
ii: require the approval of the Agency
fc: empowering the Agency
i: manufacturer of a vehicle or agent of the manufacturer; or
ii: importer of a vehicle; or
iii: person or organisation responsible for certifying that a vehicle complies with any requirement as to devices, fittings, or equipment that is prescribed under this Act; or
iv: any other person responsible for the presence of a vehicle on a road— to recall a specified vehicle or component or vehicles or components of a specified class where the vehicle or component or class of vehicles or components does not comply with any requirement as to devices, fittings, or equipment that is prescribed for vehicles or components of the same class by regulations made under this Act; and empowering the Agency
fd: requiring vehicle identification numbers to be assigned to motor vehicles being operated in New Zealand; and—
i: prescribing requirements relating to vehicle identification numbers or requiring compliance with any standard specified in the regulations, or both; and providing for the manner in which such numbers are to be assigned:
ii: empowering the Agency Gazette
iii: requiring importers and manufacturers of motor vehicles to furnish to the Agency
iv: empowering the Agency
v: exempting or empowering the Agency
fe: prescribing offences relating to—
i: the removal, erasure, alteration, defacing, obscuring, destruction, or obliteration of vehicle identification numbers, engine numbers, or chassis numbers:
ii: the affixing to any motor vehicle of a vehicle identification number, engine number, or chassis number that has been assigned to another vehicle or not lawfully assigned:
iii: the selling or offering for sale of any motor vehicle without a vehicle identification number, engine number, or chassis number, or any motor vehicle on which that number has been unlawfully erased, altered, defaced, obscured, destroyed, or obliterated:
ff: requiring specified vehicle characteristics to be recorded by any person carrying out an inspection for the issue of a warrant of fitness or certificate of fitness; and requiring such information to be transmitted to the Agency
fg:
g: providing for the periodical or other examination of motor vehicles and the issue of warrants of fitness, certificates of fitness, certificates of loading, and permits by the Agency Agency
ga: providing for or requiring any person or organisation approved for the purpose by the Agency Agency
h: requiring any person who sells a motor vehicle intended to be used on the road, or any specified kind of any such motor vehicle, to deliver to the purchaser at the time of the sale a current certificate of fitness or warrant of fitness issued within a specified time before the sale and certifying that the vehicle has been inspected in accordance with the regulations made under this Act and complies with the requirements of the regulations concerning construction, equipment, and condition of motor vehicles:
i: limiting the hours during which and regulating the conditions upon or subject to which any person may drive a vehicle not specially designed for the carriage of persons while it is in use for commercial purposes:
j: providing for the classification of heavy motor vehicles according to their design, weight, and carrying capacity:
ja: prescribing standards, specifications, or codes of practice for building, altering, or maintaining any road, or related property, in the interests of safety:
k: providing for the classification of roads with reference to their suitability for use by different classes of heavy motor vehicles:
l:
m:
n: authorising any local authority or other body or person exercising control over any road to prohibit the use thereon of heavy motor vehicles, or of any class thereof, during any specified period or periods:
o: for any purpose for which bylaws may be made under section 72
p: fixing, for the safety of the public or the better preservation of roads or the better regulation of traffic on roads, the maximum speeds of vehicles or of specified classes of vehicles on any specified road or in any locality or throughout New Zealand, or the maximum speeds or minimum speeds or both of vehicles on specified classes of roads; and—
i:
ii:
iii: authorising the Agency to grant exemptions relating to speed limits for specified heavy vehicles or classes of heavy vehicles and to impose conditions relating to such exemptions:
q: providing for the imposition by local authorities or by other bodies or persons having the control of roads of temporary maximum speed limits for motor vehicles (not exceeding the maximum in that regard for the time being fixed by any Act or regulation) where the local authority or other body or person concerned considers that a temporary risk of danger to the public or of damage to any road exists or is likely to arise, and prescribing the duration of and power to revoke any such temporary speed limit, the procedure for the imposition and notice to the public thereof, the erection of traffic signs in relation thereto, the fines to be imposed (not exceeding $1,000
r: providing for the erection and maintenance of uniform signs, lights, and notices, and the making and maintenance of road markings, for the guidance and direction of persons using roads; prescribing the size, colour, and design of such signs, lights, notices, and road markings, the materials of which they are to be made, and the manner in which and the persons by whom they are to be erected or made and maintained; and requiring local authorities or other persons to erect and maintain such signs, lights, and notices and to make and maintain such road markings or any class thereof ; and providing for the phased replacement of uniform signs, lights, and notices:
rr: prohibiting or restricting the use of reflective material on signs, hoardings, and similar structures used or intended to be used for the purposes of advertising in such a position that they are likely to reflect the lights of motor vehicles on any road:
s: Prescribing the duties and regulating the conduct of persons using roads for any purpose, and, in particular, of persons in charge of or riding in vehicles on roads and of persons in charge of or driving or leading animals on roads:
t: providing for the protection of pedestrians on roads:
u: providing for the closing by the local authority or other body or person exercising control thereof of roads to ordinary vehicular traffic on the occasion of the holding thereon of vehicle races or trials, or of processions, carnivals, celebrations, sporting events, or other special events, and for the suspension in respect of any road so closed of any provision of this Part or of any regulation or bylaw under this Act relating to vehicular traffic on roads: provided that no regulation made under this paragraph shall authorise the closing of any road for more than 12 hours in any period of 24 hours, and no road shall be closed under any such regulation unless at least 28 days' public notice ; but nothing in this proviso shall apply with respect to the closing of any road for a period not exceeding 2 hours on the occasion of the holding thereon of any event not amounting to a vehicle race or trial: provided further that no road shall be closed pursuant to any regulation made under this paragraph, unless the local authority or other body or person having control of the road is satisfied that the person or organisation promoting the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, has arranged adequate insurance against his or its liability to pay damages to any person in respect of any claim on account of the death of or bodily injury to any person or damage to property where the death or bodily injury or damage results from the holding of the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, and that, in the case of any vehicle race or trial, the only motor vehicles participating are vehicles in respect of which the accident compensation levy and the indemnity surcharge under Part 6A provided also that no regulation under this paragraph shall in any way restrict the power of the police to maintain public order on roads, or authorise the holding on any road without the appropriate permit therefor of any vehicle race or trial, or procession, carnival, celebration, sporting event, or other special event for which a permit is required under any Act, regulation, or bylaw:
v: generally regulating traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road
w: generally regulating the use of vehicles and prescribing the conditions upon or subject to which they may be used:
x:
y:
z: prohibiting or regulating the driving of loose horses, cattle, sheep, pigs, or other animals along any road at night, being the period commencing half an hour after sunset and ending half an hour before sunrise on the following morning:
za: providing for the exemption of any person or vehicle or class of persons or vehicles, from any regulations made for any purpose specified in Agency or in the case of regulations made under the authority of paragraph (f) or paragraph (fa) Agency
2: Without limiting the general power to make regulations conferred by section 199
a: prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, that has not been approved for that purpose by the regulations or the Agency
b: prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, or the inspection or repair of such a system or component, by a person who has not been authorised for that purpose by the regulations or the Agency
c: requiring the inspection, at specified times, of alternative fuel systems fitted in vehicles, or vehicles of a specified class; providing for the issue by specified persons of certificates to the effect that an alternative fuel system is in a safe and efficient working condition; and prohibiting the use of a vehicle where such an inspection has not been made or such a certificate has not been issued:
d: approving, or empowering the Agency Gazette Agency
e: authorising, or empowering the Agency Gazette Agency
f: exempting, or empowering the Agency Gazette Agency
g: empowering the Agency Gazette the Agency
3: Any regulations made under paragraph (fb) or paragraph (fd) of subsection (1)
a: the provisions of any standard, specification, or code of practice incorporated by reference in such regulations shall be deemed to form part of the regulations; and unless otherwise provided in the regulations, every amendment to any such standard, specification, or code of practice shall be deemed to be part of that standard, specification, or code of practice, as the case may be:
b: the Agency the head office of the Agency
c: no amendment to any such standard, code of practice, or specification shall have effect until it is made available for inspection or purchase in accordance with paragraph (b) Subsection (1)(da) inserted 1 August 1987 Transport Amendment Act 1987 Subsection (1)(ee) inserted 24 November 1967 Transport Amendment Act (No 2) 1967 Subsection (1)(ef) inserted 1 October 1989 Transport Amendment Act 1989 Section 77(1)(ef) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(fa) inserted 19 November 1971 Transport Amendment Act 1971 Subsection (1)(fb) inserted 20 October 1972 Transport Amendment Act 1972 substituted 1 August 1987 Transport Amendment Act 1987 Subsection (1)(fb) amended 11 December 1988 Transport Amendment Act (No 2) 1988 by inserting the words , specifications, or codes of practice Subsection (1)(fb) amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister Section 77(1)(fb)(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(1)(fb)(ii) amended 1 August 2008 section 50(1) Land Transport Management Act 2008 Subsection (1)(fc) to (fg) inserted 14 December 1992 Transport Amendment Act (No 3) 1992 Section 77(1)(fc) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(1)(fd)(ii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(1)(fd)(iii) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(1)(fd)(iv) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(fd)(iv) amended 20 August 1993 Land Transport Act 1993 by omitting the words , and to recover costs incurred in respect of such inspections Section 77(1)(fd)(v) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(ff) substituted 29 July 1995 section 7(1) Transport Amendment Act 1995 See section 14 Section 77(1)(ff) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(fg) inserted 20 August 1993 Land Transport Act 1993 Subsection (1)(fg)(iii) amended 29 July 1995 section 7(2) Transport Amendment Act 1995 by omitting the words paragraph (ff) See section 14 Subsection (1)(fg) repealed 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (1)(g) substituted 30 July 1988 Transport Amendment Act 1988 Subsection (1)(g) substituted 20 August 1993 Land Transport Act 1993 Section 77(1)(g) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(ga) inserted 29 July 1995 section 7(3) Transport Amendment Act 1995 See section 14 Section 77(1)(ga) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(ja) inserted 1 October 1989 Transport Amendment Act 1989 Subsection (1)(p) substituted 20 October 1966 Transport Amendment Act 1966 Subsection (1)(p)(i) (ii) (iii) inserted 1 August 1987 Transport Amendment Act 1987 Section 77(1)(p)(iii) substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(p)(iii) amended 1 July 1996 section 29 Transit New Zealand Amendment Act 1995 by substituting the words Transit New Zealand the National Roads Board Subsection (1)(p)(i) and (ii) repealed 5 April 2004 section 12 Transport Amendment Act 1997 See clause 2 Subsection (1)(q) amended 19 December 2001 section 14(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 by substituting the expression $1,000 $100 See section 13 Subsection (1)(r) amended 11 December 1988 Transport Amendment Act (No 2) 1988 by inserting the words ; and providing for the phased replacement of uniform signs, lights, and notices: Subsection (1)(rr) inserted 4 December 1964 Transport Amendment Act 1964 The first amended 1 February 1965 Transport Amendment Act 1964 by substituting the words twenty-eight fourteen The second substituted 1 February 1965 Transport Amendment Act 1964 The second amended 1 April 1974 Transport Amendment Act 1973 by inserting the words and that, in the case of any vehicle race or trial, the only motor vehicles participating are vehicles in respect of which the accident compensation levy and the indemnity surcharge under Part 6A of this Act Subsection (1)(v) amended 16 December 1983 Public Works Amendment Act 1983 by inserting the words or any specified class of road Subsection (1)(x) inserted 1 January 1969 Transport Amendment Act 1968 repealed 1 July 1992 Transport Amendment Act (No 2) 1992 Paragraphs (l) (m) repealed 1 March 1978 section 26(1) Road User Charges Act 1977 Paragraph (x) inserted 1 January 1969 Transport Amendment Act 1968 repealed 1 July 1992 Transport Amendment Act (No 2) 1992 Paragraph (y) repealed 1 December 1983 Transport Amendment Act (No 3) 1983 Subsection (1)(z) inserted 27 November 1971 Transport Amendment Act (No 2) 1971 substituted 29 October 1974 Transport Amendment Act 1974 Subsection (1)(za) inserted Transport Amendment Act 1976 Section 77(1)(za) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1)(za) amended 1 August 1987 Transport Amendment Act 1987 (a) by omitting the words or paragraphs (l) to (n) of section 186 of this Act (b) by inserting the words or in the case of regulations made under the authority of paragraph (f) or paragraph (fa) of this subsection Subsection (1)(za) amended 20 August 1993 Land Transport Act 1993 by omitting the expression paragraphs (a) to (fb) Subsection (2) repealed 1 March 1978 section 26(1)(b) Road User Charges Act 1977 (2) inserted 17 December 1980 Transport Amendment Act 1980 Section 77(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(2)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(2)(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(2)(e) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(2)(f) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77(2)(g) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (3) inserted 14 December 1992 Transport Amendment Act (No 3) 1992 Section 77(3)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (3)(b) amended 20 August 1993 Land Transport Act 1993 by substituting the words the head office of the Authority offices of the Ministry
77A: Regulations relating to seat belts and child restraints
1: Without limiting the general power to make regulations conferred by section 199
a: requiring the owners or operators of motor vehicles or specified classes or types of motor vehicles to ensure that the vehicles are fitted with approved seat belts or specified types of approved seat belts and specifying the sitting positions in vehicles where such seat belts shall be fitted:
b: exempting owners or operators of specified vehicles or specified classes of vehicles or vehicles used solely for specified purposes from all or any of the requirements of regulations made under paragraph (a)
c: requiring the drivers of motor vehicles or specified classes or types of motor vehicles to ensure that the vehicle is fitted with approved seat belts or approved child restraints in specified circumstances when a child or children are being carried in the vehicle:
d: exempting any driver or class of driver from the requirements of any regulations made under paragraph (c)
e: requiring persons of, under, or over a specified age or of or over a specified weight in a vehicle for which a seat belt or child restraint appropriate for that person is provided and available for use to be properly restrained by that seat belt or child restraint while the vehicle is in motion; and imposing duties on drivers of motor vehicles to ensure that children are restrained in accordance with regulations made under this paragraph:
f: exempting any person or class of persons from all or any of the requirements of regulations made under paragraph (e)
2: Any regulations made under subsection (1) Sections 77A 77B inserted 1 December 1983 Transport Amendment Act (No 3) 1983
77B: Power of
Agency The Agency Gazette Sections 77A 77B inserted 1 December 1983 Transport Amendment Act (No 3) 1983 Section 77B heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 77B amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
77C: Manufacture or sale of devices, fittings, or equipment requiring approval
1: No person shall manufacture for the purposes of sale or import for sale or sell or offer or expose for sale or have in his possession for the purposes of sale any device or fitting or equipment which is or purports to be for use on or to be fitted to any motor vehicle or bicycle or bicycle
a: under any provision of this Act or of any regulations under this Act the device or fitting or equipment is of a kind that requires the approval of the Agency or bicycle or bicycle
b: that approval has not been given.
2: Notwithstanding subsection (1) Agency Agency Gazette section 77B Section 77C inserted 77A 20 October 1972 Transport Amendment Act 1972 Section 77C renumbered 1 December 1983 Transport Amendment Act (No 3) 1983 Subsection (1) amended 1 August 1987 Transport Amendment Act 1987 by inserting the words or bicycle motor vehicle Subsection (1) amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister Section 77C(1)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (2) inserted 3 April 1985 Transport Amendment Act (No 2) 1985 Section 77C(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
78: Experimental traffic control signs, lights, notices, and markings
1: The Agency Gazette Agency experimental signs, lights, notices, and markings section 77(1)(r) Gazette
2: Every notice given under subsection (1)
a: the locations or localities in which the experimental signs, lights, notices, or markings are to be used:
b: the period within which the experimental signs, lights, notices, or markings are to be used:
c: any conditions relating to the experimental signs, lights, notices, or markings imposed by the Authority
d: any equivalent uniform signs, lights, notices, or markings to the experimental signs, lights, notices, or markings.
3: Every experimental sign, light, notice, or marking shall for all purposes (including offences) be of the same effect as any equivalent uniform sign, light, notice, or marking. Section 50(1) of 2008 No 47 sought to substitute “Director” for “Authority” in s 78(2)(b). This word doesn't appear in that paragraph. It does appear in s 78(2)(c) but without a specific amendment to that paragraph, the compilation has not been made. An entry has been made in the queries database. (CB) Section 78 repealed 1 March 1978 section 26(1)(b) Road User Charges Act 1977 A new section 78 inserted 1 August 1987 Transport Amendment Act 1987 Section 78 amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Minister Section 78(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
78A: Piloting fees
1: In any case where the Agency constables or traffic officers who are non-sworn members of the Police Commissioner Commissioner Police
2: Any fee payable to the Commissioner subsection (1) Section 78A inserted 1 January 1969 Transport Amendment Act 1968 Section 78A(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the words constables or traffic officers who are non-sworn members of the Police traffic officers of the Department Subsection (1) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the word Commissioner Secretary Subsection (1) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the word Commissioner Secretary Subsection (2) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by substituting the word Commissioner Secretary Vehicles used in licensed services
79: Certificates of fitness
Sections 79 79A 79B repealed 1 March 1999 section 214(2) Land Transport Act 1998 See clause 2
79A: Revocation of certificate of fitness
Sections 79 79A 79B repealed 1 March 1999 section 214(2) Land Transport Act 1998 See clause 2
79B: Certificates of loading
Sections 79 79A 79B repealed 1 March 1999 section 214(2) Land Transport Act 1998 See clause 2
80: Inspection of vehicles required to have certificates of fitness or permits
1: Any employee of the Agency Agency , or any constable or any traffic officer (being a traffic officer who is a non-sworn member of the Police) authorised by the Commissioner,
a: require the owner or person for the time being in charge of any vehicle to which section 79
b: stop, enter, and inspect any such vehicle while it is in use on any road:
c: make any 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.
2: Every person commits an offence who—
a: obstructs or hinders, or incites any person to obstruct or hinder, any employee of the Agency or any constable or any traffic officer who is a non-sworn member of the Police subsection (1)
b: fails to comply with any requirement under subsection (1) Sections 79 to 82 inserted 1 November 1983 Transport Amendment Act (No 2) 1983 Section 80 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Section 80(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 80 amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Department Subsections (1) (2)(a) amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting the words employee of the Authority officer of the Authority Subsection (1) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the words , or any constable or any traffic officer (being a traffic officer who is a non-sworn member of the Police) authorised by the Commissioner, Section 80(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (2)(a) amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the words or any constable or any traffic officer who is a non-sworn member of the Police
81: Notice of accidents to be given to
Director Sections 81 82 repealed 1 March 1999 section 214(1) Land Transport Act 1998
82: Inquiries into accidents
Sections 81 82 repealed 1 March 1999 section 214(1) Land Transport Act 1998
6: Motor vehicles insurance (third-party risks)
Part 6 repealed Transport Amendment Act 1972 1 April 1974
83: Part 6 repealed Transport Amendment Act 1972 1 April 1974
84: Part 6 repealed Transport Amendment Act 1972 1 April 1974
85: Part 6 repealed Transport Amendment Act 1972 1 April 1974
86: Part 6 repealed Transport Amendment Act 1972 1 April 1974
87: Part 6 repealed Transport Amendment Act 1972 1 April 1974
88: Part 6 repealed Transport Amendment Act 1972 1 April 1974
89: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90A: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90B: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90C: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90D: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90E: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90F: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90G: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90H: Part 6 repealed Transport Amendment Act 1972 1 April 1974
90I: Part 6 repealed Transport Amendment Act 1972 1 April 1974
6A: Motor vehicles insurance (third-party risks) indemnity scheme
Part 6A inserted 16 November 1973 Transport Amendment Act 1973
90J: Application of this Part
This Part shall apply to—
a: every insurance company which has undertaken insurance business in terms of Part 6 provided that this Part shall not apply to any insurance company to which the Minister has, by notice published in the Gazette
b: the period of 9 months commencing on 1 July 1973 and ending with 31 March 1974, and every previous period of 12 months commencing on the 1st day of July in any year and ending with the 30th day of June in the following year (every such period being in this Part referred to as a claims year Part 6 Part 6A inserted 16 November 1973 Transport Amendment Act 1973
90K: Motor Vehicles (Third-party Risks) Indemnity Fund established
1: There is hereby established a Motor Vehicles (Third-party Risks) Indemnity Fund (in this Part of this Act referred to as the Fund be trust money under Part 7
2: There shall be credited to the Fund—
a: all money paid into it in accordance with sections 90N 90P
b: all interest on money for the time being to the credit of the Fund.
3: There shall be charged to the Fund all amounts required to be paid thereout in accordance with subsections (3) and (4) of section 90P Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Subsection (1) amended 1 April 1978 Public Finance Act 1977 by substituting the words specified in section 42 of the Public Finance Act 1977 mentioned in paragraph (d) of section 38 of the Public Revenues Act 1953 section 3 of the Public Revenues Amendment Act 1963 Subsection (1) amended 1 July 1989 section 86(1) Public Finance Act 1989 by substituting the words be trust money under Part 7 of the Public Finance Act 1989 form part of the Trust Account specified in section 42 of the Public Finance Act 1977
90L: Owners to pay indemnity surcharge with licence fees
1: Every owner of a motor vehicle, on making application for a licence for that vehicle pursuant to Part 2 (if any) prescribed in respect of that motor vehicle
2: No licence shall be issued for any period in respect of any motor vehicle unless and until the prescribed indemnity surcharge (if any) Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Subsection (1) amended 1 April 1980 Transport Amendment Act 1980 by substituting the words (if any) prescribed in respect of that motor vehicle in respect of that motor vehicle prescribed Subsection (2) amended 1 April 1980 Transport Amendment Act 1980 by inserting the words (if any)
90M: Change of ownership
Every indemnity surcharge payment made by an owner under this Part in respect of any motor vehicle shall enure in favour of the owner thereof for the time being, notwithstanding any change in the ownership of the motor vehicle. Part 6A inserted 16 November 1973 Transport Amendment Act 1973
90N: Application of money received by way of indemnity surcharge
1: All money received by a Deputy Registrar by way of indemnity surcharge under this Part shall be paid into the Public Account for the credit of the Consolidated Account
2: From the amount of every indemnity surcharge so received there shall be deducted such proportion or amount as may from time to time be prescribed in respect of administration expenses, and the residue shall, without further appropriation than this section, be paid into the Fund. Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Subsection (1) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 by substituting the words Public Account for the credit of the Consolidated Account Post Office Account
90O: Statement to be supplied to
Agency
1: On or before 31 August 1974 each insurance company to which this Part applies shall forward to the Agency
a: the details of all claims for which it is or may be liable on 1 April 1974 under a contract of insurance entered into under Part 6
b: an estimate of the amount which it may be liable to pay in respect of the claims referred to in paragraph (a)
c: the details of all claims for which it was liable on 1 April 1974 under a contract of insurance entered into under Part 6
2: On or before 28 February 1975, and at the end of each period of 6 months thereafter until all claims made pursuant to all contracts of insurance under Part 6 Agency subsection (1)
3: If in the opinion of the Agency Agency Agency Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Section 90O heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90O(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90O(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90O(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 This section was amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary
90P: Claims against and payments to Fund
1: In this section, unless the context otherwise requires,— income payments Part 6 premium income section 88
2: When all claims incurred by an insurance company in respect of a claims year have been finally settled, or determined by a Court of competent jurisdiction, and paid by that insurance company, or at such earlier time as the Minister may (by notice in writing to the company) require in relation to a specified claims year, that company shall, as soon as practicable, submit to the Agency
3: Where a statement is submitted to the Agency subsection (2)
a: if the statement shows an excess of income over payments and the amount of that excess is greater than 2½% of the premium income for the year to which the statement relates, the amount by which that excess is greater than 2½% of the premium income shall forthwith be paid into the Fund by the insurance company: povided that any payment which the insurance company is then entitled to receive from the Fund under the following provisions of this subsection may be set off against any payment which the insurance company is required to make into the Fund under this paragraph:
b: if the statement shows an excess of income over payments and the amount of that excess is 2½% or less of the premium income for the year to which the statement relates, no amount shall be paid out of the Fund to the insurance company: provided that, if the insurance company, in any other claims year, has made or makes any payments into the Fund pursuant to paragraph (a)
c: if the statement discloses an excess of payments over income,—
i: the amount of that excess shall be paid from the Fund to the insurance company; and
ii: if the insurance company, in any other claims year or claims years, has made or makes any payments into the Fund pursuant to paragraph (a)
4: If in any claims year the amount in the Fund is insufficient to meet in full the payments to be made thereout under subsection (3)
4A: Without in any way derogating from the provisions of this section, where all claims incurred by an insurance company in respect of a claims year have not been finally settled, or determined by a Court of competent jurisdiction, but the payments already made in respect of that year by the company exceed the income of the company in respect of that year,—
a: the company may submit to the Agency
b: there shall be paid from the Fund to the company such part (if any) of the excess of payments over income disclosed in the statement as the Agency, in its Any amount paid to the company from the Fund pursuant to paragraph (b)
5: This section shall apply to every insurance company to which this Part applies, and to every claims year notwithstanding that any insurance company has paid all amounts for which it is liable in respect of that claims year before 1 April 1974. Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Section 90P(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90P(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (4A) inserted 9 December 1976 Transport Amendment Act 1976 Section 90P(4A)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90P(4A)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 This section was amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary
90Q: Agency The Agency Agency Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Section 90Q heading amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 90Q amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 This section was amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary
90R: Vesting of Motor Vehicles (Third-party Risks) Indemnity Fund in Accident Compensation Corporation
1: All money and investments standing to the credit of the Fund are hereby vested in the Accident Compensation Corporation (constituted under the Accident Compensation Act 1972 Accident Compensation Act 1982
2: The money and investments referred to in subsection (1) sections 47 and 49 of the Accident Compensation Act 1982 Part 6A inserted 16 November 1973 Transport Amendment Act 1973 This section was substituted 30 April 1986 54 Transport (Vehicle and Driver Registration and Licensing) Act 1986
90S: Regulations
1: Without limiting the general power to make regulations conferred by section 199
a: prescribing the amount of the indemnity surcharge to be paid in respect of motor vehicles under this Part:
b: prescribing or authorising the Agency
2: Regulations prescribing indemnity surcharges payable for the purposes of this Part may differentiate between different classes of motor vehicles, and may differentiate between motor vehicles, having regard to the purposes for which they are used or are intended to be used. Part 6A inserted 16 November 1973 Transport Amendment Act 1973 Section 90S(1)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 This section was amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary
7: Road Traffic Safety Research Council
Part 7 repealed 29 July 1995 section 12(2) Transport Amendment Act 1995 See section 14
91: Road Traffic Safety Research Council
Part 7 repealed 29 July 1995 section 12(2) Transport Amendment Act 1995 See section 14
92: Functions of Council
Part 7 repealed 29 July 1995 section 12(2) Transport Amendment Act 1995 See section 14
93: Subcommittees of Council
Part 7 repealed 29 July 1995 section 12(2) Transport Amendment Act 1995 See section 14
94: Remuneration and travelling expenses
Part 7 repealed 29 July 1995 section 12(2) Transport Amendment Act 1995 See section 14
95: Constitution of rental-service districts, and Licensing Authorities therefor
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
96: Constitution of harbour-ferry service districts, and Licensing Authorities therefor
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
97: Certain persons carrying on harbour-ferry service entitled to licence
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
98: Disqualification of appointment as Licensing Authority
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
99: Term of office and vacancies
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
100: Deputies
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
101: Allowances and expense of Licensing Authorities
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
102: Proceedings of Licensing Authorities
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
103: Powers, immunities, and privileges of Licensing Authorities
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
104: Proceedings of Licensing Authority generally to be in public
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
105: Powers in respect of temporary licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
106: Annual report of Licensing Authority
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107: Lincensing Appeal Authority, Charges Appeal Authority, and deputies
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107A: Deputy Licensing Appeal Authority and Deputy Charges Appeal Authority
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107B: Remuneration of Licensing Appeal Authority and Charges Appeal Authority and deputies
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107C: Seal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107D: Function of Licensing Appeal Authority
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107E: Function and power of Charges Appeal Authority
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107F: Powers and rights of Appeal Authorities and persons involved in proceedings of Appeal Authorities
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107G: Proceedings of Licensing Appeal Authority and Charges Appeal Authority generally to be in public
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
107H: Orders as to costs
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
108: Passenger services, taxicab services, goods services, rental services, and harbour-ferry services to be licensed
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
109: Restrictions on road carriage of goods where rail available
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
110: Computation of rail distances
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
111: Circumstances in which route for carriage of goods by rail available
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
112: Carriage of goods by road in certain urban areas
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113: List of exempted goods may be altered by Order in Council
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113A: Waybill to be carried in heavy motor vehicle carrying goods
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113B: Offences and proceedings concerning waybills
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113C: Offences and proceedings concerning initiators of transport goods
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113D: Powers of entry and inspection of goods and documents
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113E: Power to inspect and seal vehicles and goods
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113F: Use of premises to hold or store goods on journeys in breach of rail restriction
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
113G: Permit to carry goods free from restrictions of section 109 of this Act
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
114: Minister may declare certain services to be passenger services or gooods services or rental services
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
115: Defining proper Licensing Authority to grant or exercise jurisdiction in respect of licenses
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
116: Application for licence
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
117: Application for and determination of application for temporary licence
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
118: Secretary may supply Licensing Authority with information and submissions, and applicant may comment on them
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
119: Determination of application for certain transport licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
120: Determination of application for transport licence involving exemption from rail restriction
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
121: Determination of application for taxicab-service licence or passenger-service or harbour-ferry service licence for scheduled service
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
122: Certain evidence and representations relating to taxicab-service licences not to be received
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
123: Grant of licence (other than taxicab-service licence)
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
124: Matters to be considered in determining applications for taxicab-service licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
125: Power of Licensing Authority to impose conditions and grant exemptions
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
126: Conditions to apply to existing licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
127: Conditions applying to licences (other than taxicab-service licences)
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
128: Compliance with urban transport scheme a condition of certain licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
129: Conditions relating to sceduled services
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
130: Conditions applying to passenger-service and harbour-ferry licences to carry on scheduled service
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
131: Condition of taxicab-service licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
132: Conditions as to vehicles and harbour ferries
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
133: Conditions as to abandonment or curtailment of service
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
134: Form and effect of transport licence
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
135: Amendment of licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
136: Transfer of licence (other than taxicab-service licence) prohibited
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
137: Licences to continue in force until suurendered, cancelled, or revoked
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
138: Surrender and cancellation of licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
139: Registers of licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
140: Inquiry into operation of licences and breach of conditions
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
141: Public inquiry where licensee convicted of offence against rail restriction or Road User Charges Act 1977
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
142: Inquiry into pricing practices of dominant licensee
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
143: Taxicab organisations
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
144: Review of taxicab services
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
145: Leases of taxicab-service licences
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
146: Licensing Authorities’ jurisdiction as to charges
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
147: Charges for taxicab services
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
148: Applications to prescribe charges
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
149: Principles to be observed by Secretary
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
150: Notice of decisions to be given
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
151: Effect of order relating to group of taxicab services
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
152: Taxicab-service charges to conform to those prescribed
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
153: Appeals to Charges Appeal Authority from orders of Secretary
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
154: Appeals to Licensing Appeal Authority from decisions of Licensing Authorities
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
155: Extending time for appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
156: Procedure on appeals
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
157: Rights of licensee pending determination of appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
158: Hearing and determination of appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
159: Licensing Appeal Authority or Charges Appeal Authority or Secretary
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
160: Notice of decision on appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
161: Appeal on question of law
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
162: Notice of appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
163: Right to appear and be heard on appeals
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
164: Orders relating to determination of appeals
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
165: Dismissal of appeal
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
166: Appeal in respect of additional point of law
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
167: Extension of time
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
168: Date of hearing
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
169: Further appeal to Court of Appeal on question of law
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
170: Information for offences under this Part
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
171: Evidence and proof
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
172: Admissibility of certain statements
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
173: Marking and identification of goods
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
174: Privilege of certain witnesses
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
175: Effect of this Part on other Acts and bylaws
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
176: Enforcing orders for costs and expenses
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
177: Application of fees and fines, and expenses of administration
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
178: Regulations
This section was repealed 1 November 1989 section 69(1) Transport Services Licensing Act 1989
179: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
180: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
181: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
182: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
183: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
184: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
185: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
186: This section was repealed 1 June 1984 Transport Amendment Act (No 2) 1983
8: Excise duty
Part 8 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989
187: Interpretation
Sections 187 to 191 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989 See Part 5
188: Apportionment of motor spirits duty and sales tax
Sections 187 to 191 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989 See Part 5
189: Refund of motor spirits duty and sales tax
Sections 187 to 191 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989 See Part 5
190: Procedure for obtaining refund
Sections 187 to 191 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989 See Part 5
191: Amount of motor spirits duty and sales tax credited to Consolidated Account, and refunds of such duty and tax, may be altered by Order in Council
Sections 187 to 191 repealed 1 October 1989 section 116(1) Transit New Zealand Act 1989 See Part 5
9: Miscellaneous provisions
192: Service of notices
1: Any notice required to be given to any person for the purposes of this Act, or any request in writing under section 67
2: If any such notice or request is sent to any person by registered letter, then, unless the contrary is shown, it shall be deemed to have been delivered to him when it would have been delivered in the ordinary course of post, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.
3: This section shall not apply in respect of an infringement notice or a copy thereof. Subsection (3) inserted 1 April 1981 Transport Amendment Act 1980 This section replaced or any request in writing under section 67 of this Act
192A: Personation or obstruction of traffic officers
Section 192A repealed 1 March 1999 section 214(1) Land Transport Act 1998
192B: Offence relating to distance recorder
Section 192B repealed 1 March 1999 section 214(1) Land Transport Act 1998
193: General penalty for offences
1: Every person commits an offence who fails to comply with any of the provisions of this Act or does any act in contravention thereof.
1A:
1B:
2: Subsection (1A) inserted 29 October 1965 Transport Amendment Act (No 2) 1965 repealed 1 November 1989 Transport Amendment Act 1989 Subsection (1B) inserted 29 October 1965 Transport Amendment Act (No 2) 1965 substituted 24 November 1967 Transport Amendment Act (No 2) 1967 repealed 1 November 1989 Transport Amendment Act 1989 This section replaced
194: Offences punishable summarily
1: Save where otherwise expressly provided, every offence against this Act or against any regulations or bylaws under this Act shall be punishable on summary conviction.
2: A District Court or 1 or more Community Magistrates
a: any summary offence under Part 4 Part 5 Part 9
b: any offence under any bylaw made under section 72 Subsection (2) substituted 1 January 1969 Transport Amendment Act 1968 Subsection (2) amended 30 June 1998 section 7 District Courts Amendment Act 1998 by inserting the words or one or more Community Magistrates Subsection (2)(a) amended 30 April 1986 53(6) Transport (Vehicle and Driver Registration and Licensing) Act 1986 by omitting the expression Part 2, Part 3 The words District Court substituted Magistrates' Court 1 April 1980 section 18(2) District Courts Amendment Act 1979
194A: Section 194A inserted 1 April 1969 Transport Amendment Act 1968 repealed 1 April 1981 Transport Amendment Act 1980
195: Time for instituting proceedings
1: In any proceedings for an offence punishable on summary conviction against any Act, regulation, or bylaw relating to the use of motor vehicles, the Court may dismiss the information if it is satisfied that the person charged has been prejudiced in his defence by any unreasonable delay in instituting the proceedings or in notifying him of the time, place, and nature of the offence. If any delay in instituting the proceedings has been caused by a change in the address of the defendant, this shall not be deemed to be unreasonable delay for the purposes of this subsection.
2: Section 14
a: Paragraphs (a)–(c) repealed 30 April 1986 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986
b: Paragraphs (a)–(c) repealed 30 April 1986 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986
c: Paragraphs (a)–(c) repealed 30 April 1986 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986
d: section 35
e: sections 70B 70C 70D
f: regulations made pursuant to this Act relating to the issue of installation certificates and inspection certificates for alternative fuel systems. This section was substituted 29 October 1974 Transport Amendment Act 1974 Paragraphs (e) (f) inserted 1 August 1987 Transport Amendment Act 1987
196: Evidence in proceedings
1: In all proceedings under this Act, or under any regulation made under this Act, or under any bylaw relating to the use of motor vehicles, for an offence punishable on summary conviction by a fine of an amount not exceeding $500
a: any affidavit filed in the Court by or on behalf of the defendant: provided that, except by special direction of the Court, this paragraph shall not apply in any case where it appears to the Court that the deponent's usual place of residence is less than 50 miles by road from the place of hearing:
b: any 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: A copy of the Gazette Subsection (1) amended 30 August 1985 Transport Amendment Act (No 3) 1985 by substituting the expression not exceeding $500 not exceeding $200 This section replaced
196A: Admissibility of certain statements
1: Notwithstanding any enactment or rule of law, any statement that is made to a constable or
a: the identity of the employer of that driver; or
b: any matter that is or ought to be specified in any logbook— may be given in evidence by that constable or
2: Notwithstanding any enactment or rule of law, a statement that—
a: is made by the driver of—
i: a passenger service vehicle; or
ii: a heavy motor vehicle; or
iii: a goods service vehicle used for commercial purposes; and
b: is made to an employee of the Agency Agency
c: relates to any matter that is or ought to be specified in any logbook— may be given in evidence by that authorised officer, and shall be admissible in any proceedings for an offence against this Act as evidence of the matters referred to in the statement. Section 196A inserted 1 August 1987 Transport Amendment Act 1987 Section 196A amended 1 July 1992 Transport Amendment Act (No 2) 1992 by inserting the words constable or Subsection (2) inserted 29 July 1995 section 10 Transport Amendment Act 1995 See section 14 Section 196A(2)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (2)(b) amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting the words employee of the Authority officer of the Authority
196B: Evidence of certain documents
1: In any proceedings for an offence against this Act or the Road User Charges Act 1977 an employee of the Agency authorised by the Agency
a: an application for a road user licence; or
b: a road user licence; or
c: a certificate or other document issued under this Act or any regulations made under this Act— shall, in the absence of evidence to the contrary, be sufficient evidence of the facts stated in the copy.
2: Any employee of the Agency Section 196B inserted Transport Amendment Act (No 3) 1992 Section 196B amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Section 196B amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Director Section 196B(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 196B(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsections (1) (2) amended 1 March 1999 section 215(1) Land Transport Act 1998 by substituting the words employee of the Authority officer of the Authority
197: Evidence of testing and accuracy of weighing devices and sites, and speed-measuring devices
Section 197 repealed 1 March 1999 section 214(1) Land Transport Act 1998
197A: Section 197A inserted 24 November 1967 Transport Amendment Act (No 2) 1967 repealed 1 January 1970 Summary Proceedings Amendment Act 1969
198: Auckland Transport Board Act 1928 to be read subject to this Act
Section 198 repealed 1 July 2003 section 266 Local Government Act 2002 See sections 273 to 314
199: 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:
b:
c: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof:
d: prescribing fines, not exceeding $1,000
2: Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of vehicles or harbour ferries or different classes of licensed services, or with respect to the same class of vehicles or harbour ferries or licensed services in different circumstances.
3: Any regulations made under this Act may apply generally throughout New Zealand, or within any specified part or parts thereof, or to any specified route or routes, and may apply to all vehicles or harbour ferries or traffic, and may from time to time be applied by the Minister, by notice in the Gazette
4: The operation of any regulations made under this Act may, if it is so provided therein, be wholly suspended until they are applied by the Minister by notice in the Gazette
5: No regulations made under this Act shall be deemed invalid on the ground that any fees imposed thereby are unreasonably high, or on the ground that any conditions therein are unreasonably restrictive.
6: So far as the bylaws of any local authority are inconsistent with or repugnant to any regulations under this Act in force in the same locality, the bylaws shall be deemed to be subject to the regulations.
7: Any regulations made under this Act may confer on the Minister the power from time to time, by notice in the Gazette
8: The Minister, before recommending the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996
9: In subsection (8) hazardous substances new organisms section 2 Section 199 replaced Subsection (1)(a) amended 1 August 1987 Transport Amendment Act 1987 by inserting the words or maximum amount Subsection (1)(b) amended 25 November 1968 Ministry of Transport Act 1968 by substituting the word Director Commissioner Subsection (1)(a) (1)(b) repealed 1 March 1999 section 215(1) Land Transport Act 1998 Subsection (1)(d) amended 30 August 1985 Transport Amendment Act (No 3) 1985 by substituting the expression not exceeding $500 not exceeding $200 Subsection (1)(d) amended 19 December 2001 section 14(2) by substituting the expression $1,000 $500 Subsection (7) inserted 19 November 1971 Transport Amendment Act 1971 Subsections (8) (9) inserted 29 July 1998 section 149 Hazardous Substances and New Organisms Act 1996 See clause 2 See Parts 11 to 16 sections 151 to 259 See clause 2
199A: Fees for traffic officer accident reports
Section 199A repealed 1 March 1999 section 214(1)
199B: Transfer of functions and powers of Secretary
1: Despite anything in this Act or any other Act, but subject to this section,—
a: the Secretary may, either generally or particularly, after consultation with the Commissioner, transfer to the Commissioner all or any of the functions or powers of the Secretary under this Act or under any regulations made under this Act; and
b: the Agency may in like manner transfer to the Commissioner all or any of the functions or powers of the Agency under this Act or under any regulations made under this Act.
2: Every transfer under subsection (1) or the Agency
3: Where a function or power has been transferred under subsection (1)
4: After consultation with the Commissioner, the Secretary or the Agency or the Agency subsection (1)
5: Except as otherwise provided in an instrument under subsection (1) or the Agency
6: Any such transfer, until it is revoked, shall have effect according to its tenor, notwithstanding that the Secretary or the Agency or the Agency
7: Section 199B inserted 1 July 1992 Transport Amendment Act (No 2) 1992 Section 199B(1) substituted 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 199B(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199B(4) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199B(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 199B(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsections (2) (4) (5) (6) amended 20 August 1993 Land Transport Act 1993 by inserting the words or the Director, as the case may be, Secretary Section 199B(7) repealed 1 May 2011 section 35(4) Land Transport Amendment Act 2009
199C: Schedules referring to offences may be amended by Order in Council
1: The Governor-General may from time to time, by Order in Council, amend Schedule 2 Schedule 2A
a: by omitting any reference to a regulation, bylaw, or rule that has been revoked, and, if appropriate, substituting a reference to a corresponding new regulation, bylaw, or rule:
b: by amending any reference to a regulation, bylaw, or rule for the purpose of updating that reference:
c: subject to subsection (2)
2: The amount of the infringement fee in respect of an offence that is added to Schedule 2 subsection (1)
2A: An Order in Council under subsection (1)
3: Any order made under subsection (1)
a: omit any Part of the relevant Schedule that relates only to regulations, bylaws, or rules (or any combination of those)
b: omit the whole of the relevant Schedule and substitute a new Schedule— provided that any substantive differences between the new and former Parts or Schedules relate only to regulations, bylaws, or rules (or any combination of those) subsections (1) and (2) Section 199C inserted 30 April 1997 section 13 Transport Amendment Act 1997 Subsection (1)(a) to (c) substituted 15 November 2000 section 4(1) Transport Amendment Act 2000 Subsection (2A) inserted 15 November 2000 section 4(2) Transport Amendment Act 2000 Subsection (3) amended 15 November 2000 section 4(3) Transport Amendment Act 2000 by substituting the words regulations, bylaws, or rules (or any combination of those) regulations or bylaws (or both)
200: Act to bind the Crown
1: Except as provided in this section, this Act shall bind the Crown.
2: No bylaw made by any local authority under section 72
3: Subsection (3) repealed 1 April 1974 Transport Amendment Act 1973 Section 200 replaced amended Transport Amendment Act (No 2) 1953
201: Repeals, revocations, savings, and consequential amendments
1: The enactments specified in Schedule 4
2: The regulations specified in Schedule 5
3: Notwithstanding the repeal of any enactment by this section, the provisions of Schedule 1 to the Transport Act 1949 subsection (4) of section 4 of the Transport Amendment Act (No 2) 1953
4: Without limiting the provisions of the Acts Interpretation Act 1924
a: the repeal of section 169 of the Transport Act 1949 subsections (5) and (6) of that section
b: the repeal of section 19 of the Transport Amendment Act 1955 subsection (4) of that section
5: Every transport licence under Part 6 of the Transport Act 1949
6: For the purposes of any provision of this Act relating to the penalty on conviction for any second or subsequent offence (including any provision relating to disqualification of drivers and endorsement of drivers' licences), any conviction for an offence under any former Act shall be deemed to be a conviction for an offence against the corresponding provisions of this Act.
7: Every application to a Metropolitan Licensing Authority for a transport licence or in relation to a transport licence that has not been disposed of at the commencement of this Act shall be deemed to be an application to the proper Licensing Authority, and shall be dealt with by it accordingly.
8: Every decision of a Metropolitan Licensing Authority against which an appeal has been made but has not been determined at the commencement of this Act shall for the purpose of this Act be deemed to be a decision of the proper Licensing Authority.
9:
10: This section replaced Subsection (10) repealed 1 February 1971 Transport Amendment Act 1970