Land Transport Amendment Act 2009

1: Title
This Act is the Land Transport Amendment Act 2009.
2: Commencement
1: Sections 5 to 23 25 26
a: a date to be fixed by the Governor-General by Order in Council:
b: 1 December 2009.
2: Sections 4 24 27 to 31 32(1) 35(2)
3: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates. Section 2(1): sections 5–23, 25, and 26 1 November 2009 Land Transport Amendment Act 2009 Commencement Order 2009 Section 2(3): sections 32(2), (3), (5)–(15), and (18), 33, 34, and 35(1) and (4)–(8) 1 May 2011 Land Transport Amendment Act 2009 Commencement Order 2011
3: Principal Act amended
This Act amends the Land Transport Act 1998 2009-06-29 Land Transport Act 1998 OIC (SR 2009/263) 2009-11-01 Land Transport Act 1998 sections 5–23, 25, and 26 OIC (SR 2011/78) 2011-05-01 Land Transport Act 1998 sections 32(2), (3), (5) to (15), and (18), 33, 34, and 35(1) and (4) to (8)
4: Short Title and commencement
Section 1(4)
1: Amendments to principal Act
5: Interpretation
1: The definition of blood test section 2(1) taking of a blood specimen for analysis analysis of a blood specimen
2: The definition of blood test fee section 2(1) the blood test fee the fee for the analysis of a blood specimen
3: Section 2(1) compulsory impairment test Gazette controlled drug
a: means any substance, preparation, mixture, or article specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and
b: includes any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and
c: excludes any substance, preparation, mixture, or article specified by regulations made under this Act health practitioner medical expenses parking warden prescription medicine .
6: New section 11A inserted
The following section is inserted after section 11
11A: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine
A person may not drive or attempt to drive a motor vehicle while—
a: impaired; and
b: that person's blood contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
7: New section 57A inserted
The following section is inserted after section 57
57A: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if—
a: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
b: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
2: If a person is convicted of a first or second offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the Court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3: If a person commits a third or subsequent offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the Court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
4: Subsection (3)(b)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (3)
6: The imposition of a mandatory disqualification under this section is subject to section 81.
8: Contravention of section 12
Section 58
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road—
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
1A: To avoid doubt, subsection (1)(b) subsection (1)(a)
9: Failure or refusal to remain at specified place or to accompany enforcement officer
1: Section 59(1)(b) , 71A section 69
2: Section 59(1)(c) section 69 or 72 section 69, 71A
3: Section 59(1)(c)(i) or a compulsory impairment test blood test
4: Section 59(1)(c)(ii) either any
5: Section 59(1)(d) or a compulsory impairment test under section 71A section 69
10: Failure or refusal to permit blood specimen to be taken
1: The heading to section 60 or to undergo compulsory impairment test
2: Section 60(1) ; or
d: fails or refuses to undergo a compulsory impairment test under section 71A
11: Person in charge of motor vehicle causing injury or death
Section 61
2: A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
2A: To avoid doubt, subsection (2)(b) subsection (2)(a)
12: Causing injury or death in circumstances to which section 61 does not apply
1: Section 62
1: A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—
a: while under the influence of drink or a drug, or both; or
b: if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
1A: To avoid doubt, subsection (1)(b) subsection (1)(a)
1B: A person commits an indictable offence if—
a: the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and
b: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
c: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
2: Section 62(2) or (1B) subsection (1), Section 12(2) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009
13: Defences
Section 64
1A: It is a defence to proceedings for an offence against section 57A(1) 62(1B)
a: in accordance with—
i: a current and valid prescription written for that person by a health practitioner; and
ii: any instructions from a health practitioner or from the manufacturer of the drug or medicine; or
b: because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.
1B: It is a defence to proceedings for an offence against section 60(1)(d)
a: a pre-existing medical condition or pre-existing disability that precludes undergoing the test:
b: an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test. Section 13 amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009
14: Blood test fee
1: Section 67(1) 57A 57(2),
2: Section 67(1) and any associated medical expenses offence was committed
3: Section 67(1) test fee is test fee and any associated medical expenses are
4: Section 67
2: For the purposes of subsection (1) Gazette
3: The medical expenses referred to in subsection (1)
15: New section 71A inserted
The following section is inserted after section 71
71A: Requirement to undergo compulsory impairment test
1: An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may require a person specified under subsection (1)
a: remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
b: accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.
3: A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.
4: An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3)
5: An enforcement officer may exercise the powers in subsections (1) and (2)
16: Who must give blood specimen at places other than hospital or surgery
1: Section 72(1) ; or
e: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
2: Section 72
1A: Subsection (1)(e)
1B: Subsection (1)(e)
1C: An enforcement officer may exercise the powers in subsections (1) and (2)
17: Who must give blood specimen in hospital or surgery
Section 73(5)
a: has reasonable grounds to suspect that the person is in the hospital or doctor's surgery as a result of—
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and .
18: New section 73A inserted
The following section is inserted after section 73
73A: Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975
Evidence of a controlled drug in a blood sample taken under section 72 or 73 may not be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975.
19: Certificates in blood-alcohol proceedings
Section 75(5)(b) the presence or certificate,
20: Circumstances in which certificate not admissible in proceedings
1: Section 79(2) presence or relates to the
2: Section 79(3) presence or relates to the
3: Section 79(4) ; or
e: if a certificate certifies that there is evidence of a controlled drug or any prescription medicine, the defendant’s blood specimen has been received and analysed by the private analyst and found to contain no evidence of a controlled drug or any prescription medicine.
21: Release of vehicle after 28 days
Section 98
6: However, before disposing of a motor vehicle under subsection (4), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6) security interest
22: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
Section 120
1A: An enforcement officer may arrest a person without warrant if the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
23: Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
Section 121(1)(a)
i: a person who is for the time being in charge of a motor vehicle, because of his or her physical or mental condition (however arising),—
A: is incapable of having proper control of the vehicle; or
B: does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
C: fails or refuses to undergo a compulsory impairment test when required to do so under section 71A .
24: Strict liability for offences involving insecure loads and loads falling from vehicles
Section 134(4)(a) until the close of 30 June 2009, unless the provisions are sooner revoked,
25: Regulations
Section 167(1)
mc: specifying that a substance, preparation, mixture, or article is not a controlled drug for the purposes of this Act: .
26: New section 209A inserted
The following section is inserted after section 209
209A: Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol
1: Without limiting the purposes for which a blood specimen may be analysed or re-analysed under this Act, a person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory a blood specimen from a person taken under section 72 or 73.
2: Subsection (1)
3: No analysis of a blood specimen under subsection (1)
4: A blood specimen analysed or re-analysed under subsection (1)
27: Repeals
Section 214(3) 1 July 2009 a date to be appointed by the Governor-General by Order in Council
28: Transitional regulations
Section 216(b) or Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
29: Expiry of section 216
Section 217
30: Regulations and other enactments having effect under this Act
1: Section 218(1)(e)
2: Section 218(2)(a)
31: Expiry of section 218
Section 219
32: New Part 17 inserted
1: The following headings and section are inserted after section 232
17: Motor vehicle registration and licensing
Preliminary provisions
233: Interpretation matters applying to this Part
1: In this Part, unless the context otherwise requires,— accident insurance levy enforcement authority
a: the New Zealand Police:
b: the Agency, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency:
c: a local authority, if an infringement notice is issued by an employee of the local authority or by a person acting on behalf of the local authority:
d: the Registrar moped
a: means a motor vehicle (other than a power-assisted pedal cycle) that has—
i: 2 wheels; and
ii: a maximum speed not exceeding 50 kilometres per hour; and
iii: either—
A: an engine cylinder capacity not exceeding 50 cc; or
B: a power source other than a piston engine; and
b: includes a motor vehicle running on 3 wheels if the vehicle—
i: was registered before paragraph (a)
ii: falls within the definition of moped in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 motorcycle
a: means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and
b: includes a vehicle with motorcycle controls that is approved as a motorcycle by the Agency; but
c: does not include a moped ordinary plate personal information personalised plate section 259 prescribed fees prescribed fee section 270(5) registered person Registrar
a: any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Part:
b: any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Part registration plate
a: means a plate issued under—
i: this Part; or
ii: the Transport Act 1962; or
iii: the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and
b: includes ordinary plates, supplementary plates, personalised plates, and trade plates sale sell, seller, acquirer purchaser supplementary plate tractor trade plate Gazette trailer
a: a sidecar attached to a motorcycle; or
b: a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.
2: Except in proceedings for an offence against this Part or regulations made under this Part, a question as to whether a motor vehicle is of a particular design or type for the purposes of this Part or of regulations made under this Part must be determined by the Registrar. 1986 No 6 s 2 .
2: The following heading and sections are inserted in their appropriate order: Register of motor vehicles
234: Register of motor vehicles
1: The Registrar must continue and maintain the register of all motor vehicles for which registration plates are issued.
2: In any proceedings, the contents of the register are proved by the production of a certificate indicating its contents if signed by the Registrar or a person acting under a delegation from—
a: the Registrar; or
b: an enforcement authority. 1986 No 6 s 18
235: Purposes of register
The purposes of the register are to facilitate—
a: enforcement of the law:
b: maintenance of the security of New Zealand:
c: collection of charges imposed or authorised by an enactment:
d: administration and development of transport law and policy.
3: The following sections are inserted in their appropriate order:
236: Application for information from register
1: Any person may apply to the Registrar, in relation to a specified motor vehicle, for—
a: access to the following information from the register:
i: information on that motor vehicle:
ii: personal information:
b: confirmation that certain information matches personal information on the register, as provided for in section 238
2: The application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
3: The person who receives the application must make and keep, in the form provided by the Registrar for the purpose, a record of the application and of the information supplied. 1986 No 6 s 19(1), (2)
237: Entitlement to receive information
1: A person who applies for information under section 236
2: However, the Registrar may not disclose personal information about an individual unless the Registrar is satisfied that—
a: the person applying for the information is that individual; or
b: the information is required for a purpose specified in section 235
c: the information is within the exception specified in section 241
d: the information may be disclosed under an enactment.
3: Information from the register must not be supplied unless—
a: the prescribed fee is paid; or
b: the Registrar is satisfied that satisfactory arrangements have been made for payment of that fee.
4: The Registrar must, at the request of an individual, supply to the individual—
a: the name of any person to whom personal information about the individual has been disclosed under—
i: subsection (2)(c)
ii: subsection (2)(d)
b: the purpose of any such disclosure. 1986 No 6 s 19(1), (3)
238: Registrar may confirm or deny match of information
1: If an application is made under section 236(1)(b)
2: To avoid doubt, the Registrar—
a: may use associated data provided by the applicant such as (in the case of an individual) the date of birth or driver licence number for the purpose of confirming or denying that a specified person is registered in respect of a specified motor vehicle; but
b: may only confirm or deny, as permitted by subsection (1)
239: Further restrictions
1: Despite section 237 subsection (2)
2: The Registrar may grant confidential status in respect of a specified motor vehicle if the Registrar certifies that the supply of personal information or information on that motor vehicle would be likely to prejudice—
a: the security or defence of New Zealand:
b: the international relations of the Government of New Zealand:
c: the maintenance of the law, including the detection, investigation, and prevention of offences:
d: the right to a fair trial of any person:
e: the privacy or personal safety of any person.
3: The Registrar must decline to supply personal information or information on a motor vehicle if the Registrar has granted confidential status under subsection (2)
4: Despite subsection (3)
a: may be supplied for the purposes set out in section 235(a) to (c)
b: must be released if disclosure is—
i: required by another enactment; or
ii: to the Police at the request of the Commissioner of Police.
5: In considering under subsection (4)(a)
a: consult any agency that provided advice in support of the granting of confidential status in respect of the vehicle or vehicles to which the information relates; and
b: have regard to the reasons for which that status was granted. 1986 No 6 s 19(4), (5)
240: Complaints procedure
1: Complaints may be made to the Attorney-General against a decision of the Registrar made under section 239(1) or (2)
2: The Attorney-General may investigate a complaint and either—
a: confirm the decision of the Registrar that was the subject of the complaint; or
b: if the Attorney-General considers that the complaint is valid, reverse the Registrar’s decision. 1986 No 6 s 19(5A) .
4: The following section is inserted in its appropriate order:
241: Authorised access to name and address only
1: After consulting with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police, the Secretary may, by notice in the Gazette
a: for specified purposes (in addition to the purposes recognised by section 235
b: on conditions that the Secretary thinks fit; and
c: for a specified event or specified period of time not exceeding 5 years.
2: The Secretary may, as he or she thinks fit, cancel or amend by notice in the Gazette subsection (1)
(3): An application for authorisation under subsection (1)
a: made to the Secretary in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
4: The Secretary must decide whether to approve the application, and must inform the applicant of his or her decision, within a reasonable time after receiving the information reasonably required by him or her to make the decision.
5: The Secretary may refuse to consider the application if the Secretary believes that it is vexatious or frivolous.
6: The Registrar may withhold the names and addresses of registered persons from a person authorised by a notice published under subsection (1)
a: the names and addresses will be—
i: kept secure by that person and his or her agents, if any; and
ii: used only for the purpose specified in the notice published under subsection (1)
b: provision of the names and addresses will not compromise the purpose of any confidential status granted under section 239
c: any conditions specified in that notice will be complied with.
7: An authorisation under subsection (1)
a: who were previously registered in respect of motor vehicles; or
b: who have notified the Registrar, in accordance with any regulations made under this Part, that they do not wish to have their names and addresses made available under subsection (1)
5: The following heading and sections are inserted in their appropriate order: Registration and licensing requirements
242: Motor vehicles must be registered and licensed
1: A motor vehicle must not be operated on a road unless the motor vehicle—
a: is registered and licensed in accordance with this Part; and
b: has affixed to it and displayed in the manner prescribed by regulations made under this Part—
i: the registration plates issued for it; and
ii: a current licence issued for it and appropriate for its use under section 244
2: The person registered in respect of a motor vehicle in accordance with this Part must—
a: keep the motor vehicle licensed at all times in accordance with this Part; and
b: ensure that the prescribed fees and accident insurance levies are paid for the time that the motor vehicle is required to be licensed (whether or not it is actually licensed).
3: Subsections (1) and (2) subsections (1) and (2)
4: A motor vehicle that is a registered motor vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding former Act immediately before the commencement of this Part is to be treated as if it were registered under this Part. 1986 No 6 s 5(1), (1A), (5)
243: Application for registration
1: An application for registration of a motor vehicle must be—
a: made by or on behalf of the owner to the Registrar in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: an application for a licence for the motor vehicle.
2: The only persons who may be registered in respect of motor vehicles are—
a: a natural person of or over 15 years of age; or
b: a body corporate; or
c: an agent of the Executive Government of New Zealand.
3: If more than 1 person owns a motor vehicle, only 1 of them may be registered in respect of that vehicle at any given time.
4: Unless the registration is cancelled under this Part, the registration of a motor vehicle continues in force without renewal.
5: In relation to a vehicle treated by virtue of section 242(4)
a: the person registered as the owner of the vehicle immediately before the commencement of this section is to be treated as being registered in respect of the vehicle under this Part; and
b: if there is more than 1 such person, each of them is to be treated as being so registered (accordingly, subsection (3) 1986 No 6 ss 6A, 7(1), (1A), (2), (3), (4), 8(2), 22(3)
244: Application for, and issuing of, licence
1: An application for a licence for a motor vehicle must be made to the Registrar by or on behalf of the person registered (or to be registered) in respect of the vehicle in accordance with any regulations made under this Part.
2: As soon as practicable after receiving a completed application under subsection (1)
a: in accordance with any regulations made under this Part; and
b: for a licensing period specified in any regulations made under this Part.
3: A licence must not be issued for a motor vehicle that is not registered in accordance with section 242
4: In relation to a vehicle treated by virtue of section 242(4) 1986 No 6 ss 10(1), (2), 13(1)–(3)
245: Commencement of licence
Except as otherwise prescribed by regulations made under this Part, a licence commences,—
a: in the case of a newly registered motor vehicle, on the day of its registration; or
b: on the day after the expiry of the previous licence.
246: Change of use of motor vehicle
1: If a motor vehicle is to be used for a purpose other than that indicated by the existing licence, the person registered in respect of the motor vehicle must, without delay, apply for the appropriate new licence.
2: The issue of a new licence must be in accordance with regulations made under this Part. 1986 No 6 s 16(1) .
6: The following heading and section are inserted in their appropriate order: Change of registered person on sale or other disposition
247: Obligations of sellers and acquirers of motor vehicles
1: After the sale of a registered motor vehicle,—
a: the person registered in respect of the vehicle at the time of sale must, without delay, notify the Registrar of the particulars required by any regulations made under this Part; and
b: the person who acquires a motor vehicle must, without delay, notify the Registrar of the particulars required by any regulations made under this Part.
2: A person must, without delay, notify the Registrar of the particulars required by any regulations made under this Part, if that person acquires a motor vehicle—
a: by means other than the sale of that vehicle; and
b: in a manner specified in any regulations made under this Part.
3: A notification required by this section must be made in accordance with any regulations made under this Part.
7: The following sections are inserted in their appropriate order:
248: Prohibition against use of motor vehicle
1: This section applies if an enforcement officer or a parking warden believes on reasonable grounds that—
a: a person driving a motor vehicle on a road has committed an offence in relation to which an officer or warden has enforcement powers under this Act or another enactment; and
b: the motor vehicle is not registered under this Part in the name of the current owner of the motor vehicle or with the current address of that person.
2: The enforcement officer or parking warden may give to the driver or owner of the motor vehicle, if present, or affix or cause to be affixed to the motor vehicle, a notice in the form approved by the Registrar for the purpose directing that the motor vehicle—
a: be removed from the road immediately; and
b: not be driven on a road for as long as the notice is in force in accordance with subsection (3)
3: A notice given under subsection (2)
a: comes into effect at 11.59 pm on the working day after the day when the notice is issued (unless the name and current address of the owner are registered before that time); and
b: remains in force until the motor vehicle has been registered in the name and current address of the owner.
4: Where more than 1 person owns a motor vehicle, reference in this section to the owner is to any 1 of those persons.
249: Circumstances when motor vehicle may be seized and impounded
1: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle if the enforcement officer believes on reasonable grounds that a person has driven the motor vehicle on a road while a notice given under section 248(2)
2: If a motor vehicle is seized and impounded under subsection (1)
a: acknowledges that the specified motor vehicle has been seized and impounded; and
b: sets out the following matters (if the particulars are reasonably ascertainable):
i: the name and address of the driver; and
ii: the year and make of the motor vehicle, and the details of its registration plates or vehicle identification number; and
iii: the date and time of the seizure; and
iv: the place where the motor vehicle is, or is to be, impounded; and
v: an outline of the driver's rights of appeal under section 267
250: Personal property
Personal property (other than property attached to or used in connection with the operation of the motor vehicle) present in a motor vehicle at the time of its seizure and impoundment under section 249
a: on request made at the time of the seizure, to a person who produces satisfactory evidence that he or she was lawfully entitled to possess the motor vehicle or the personal property immediately before the motor vehicle was seized and impounded; or
b: subsequently, to—
i: the owner of the personal property; or
ii: a person acting on behalf of the owner of the personal property, if the person produces satisfactory evidence of the owner’s consent to the property being released to that person.
251: Storage of impounded motor vehicles
1: A motor vehicle seized and impounded under section 249
2: The owner of the impounded motor vehicle is liable for the fees and charges incurred for towage and storage.
3: The local authority or storage provider, as the case may be, is entitled to recover the due fees and charges from the owner of the motor vehicle.
4: Subsections (2) and (3)
5: No person may remove or release an impounded motor vehicle from storage, unless that is permitted under this Act.
6: For the purpose of this section, the Commissioner, a person authorised for the purpose by the Commissioner, or a local authority may, as that person thinks necessary, enter into appropriate arrangements with vehicle recovery service operators and storage providers.
252: Release of motor vehicle
1: The owner of a motor vehicle that has been seized and impounded under section 249
a: showing to an enforcement officer—
i: proof of the owner’s identity and either—
A: the certificate of registration of the motor vehicle in the name of that owner; or
B: proof that the owner has supplied to the Registrar the details required under section 247(1)
ii: proof that no fines for which an owner is liable, and that were incurred while the owner owned the motor vehicle, are in default; and
b: paying the towage and storage fees and charges.
2: The storage provider must release the motor vehicle as soon as practicable after the requirements of subsection (1)
3: An enforcement officer must order the release of an impounded motor vehicle to the owner of the motor vehicle, or a person authorised for the purpose by the owner, as soon as practicable after receiving evidence that the motor vehicle was registered in the name of that owner and with the current address of that owner, at the time of its impoundment.
4: The owner of a motor vehicle released under subsection (3)
253: Disposal of motor vehicle
1: This section applies to a motor vehicle seized and impounded under section 249
2: The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5)
3: A storage provider that is not a local authority may—
a: apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2)
b: with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.
4: If approval is given under subsection (3)
5: A storage provider that is a local authority may dispose of a motor vehicle under subsection (2)
6: However, before disposing of a motor vehicle under subsection (3) or (5)
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6) security interest
254: Impounded motor vehicle not to be damaged
1: This section applies to a person authorised by an enforcement officer to—
a: enter a motor vehicle for the purpose of moving it or preparing it for movement; or
b: impound a motor vehicle.
2: The person referred to in subsection (1)
8: The following heading and sections are inserted in their appropriate order: Cancellation of registration
255: Cancellation of registration
The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part.
256: Discretion to refund fees
1: This section applies if—
a: the Registrar cancels the registration of a motor vehicle under section 255
b: a person surrenders a trade plate before the expiry of that plate and the Registrar considers it appropriate to exercise the power specified in subsection (2)
2: If this section applies, the Registrar may, without further authority than this section, refund or cause to be refunded out of a Crown Bank Account an amount equal to the amount of the—
a: licence fee paid for the period for which registration is cancelled:
b: trade plate fee paid for the period for which the trade plate is surrendered. 1986 No 6 s 27(2) .
9: The following heading and section are inserted in their appropriate order: Registration plates
257: Issue of plates and certificates of registration
1: The Registrar must, if satisfied that an application for registration of a motor vehicle made in accordance with regulations made under this Part is in order,—
a: in the case of ordinary plates,—
i: assign numbers, letters, a distinguishing mark, or a combination of any of these for the ordinary plates that are to be affixed to the motor vehicle; and
ii: issue to the applicant an ordinary plate or plates for the motor vehicle; and
b: in the case of personalised plates, issue the unique numbers, letters, distinguishing marks, or combination of any of these assigned for use on the plates that are to be affixed to the motor vehicle; and
c: issue a certificate of registration for the motor vehicle.
2: A new number or distinguishing mark may be assigned to the motor vehicle if new ordinary plates are issued for it.
3: Ordinary plates issued under this section must be displayed on the motor vehicle unless personalised plates or trade plates are displayed in accordance with this Part or regulations made under this Part.
4: A person to whom registration plates are issued under this section must, at the discretion of the Registrar, surrender any existing registration plates for that motor vehicle to the Registrar. 1986 No 6 s 8(1)–(3) .
10: The following section is inserted in its appropriate order:
258: Supplementary plates
1: A registered person may apply to the Registrar for supplementary plates in accordance with any regulations made under this Part.
2: Supplementary plates must be issued and displayed in accordance with any such regulations.
11: The following sections are inserted in their appropriate order:
259: Contract to dispose of rights to personalised plates
1: The Registrar may, after consulting with the Minister, enter into a contract to authorise a person to sell or otherwise dispose of the exclusive right to 1 or more letters or numbers, or a combination of both, allocated in accordance with regulations made under this Part for use on personalised plates.
2: Nothing in subsection (1)
3: A contract that was entered into under section 9 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and is in force immediately before commencement of this section is deemed to have been entered into under and in accordance with this section.
4: A contract entered into (or deemed to have been entered into) under this section may be terminated by either party on giving reasonable notice to the other party, despite anything to the contrary in the contract or elsewhere.
5: If no contract is in force under this section in respect of particular letters or numbers or combinations of both, the Registrar is the person entitled to sell or dispose of the exclusive right to those letters or numbers or combinations of both for use on personalised plates. 1986 No 6 s 9(2), (5)
260: Acquisition and disposal of personalised plates
1: A person who wishes to purchase or otherwise acquire personalised plates, or the exclusive right specified in section 259
a: apply to the authorised person referred to in section 259
i: to purchase the exclusive right specified in section 259
ii: to convert the existing registration plates of a motor vehicle to personalised plates bearing the same combination of letters and numbers as the existing plates; or
b: purchase that exclusive right on the open market, whether or not the personalised plates have been manufactured.
2: A person who purchases or otherwise acquires personalised plates, or the exclusive right specified in section 259
a: sell or otherwise dispose of them to any other person; or
b: transfer them between motor vehicles owned by that person; or
c: surrender them for ordinary plates.
3: Despite anything in subsections (1) and (2)
4: Personalised plates must be issued in accordance with any regulations made under this Part. 1986 No 6 ss 9A, 9B, 9C .
12: The following sections are inserted in their appropriate order:
261: Eligibility for trade plates
The Minister may, by notice in the Gazette
a: declare the persons or classes of persons who are eligible to apply for and receive trade plates; and
b: prescribe the purpose for which trade plates may be used; and
c: remove the eligibility of persons or classes of persons to apply for and receive or to use trade plates.
262: Application for trade plates
1: A person who is, or who is within a class of persons, eligible to receive trade plates may apply to the Registrar for trade plates.
2: An application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: the accident insurance levy.
3: Trade plates must be issued and used in accordance with any regulations made under this Part. 1986 No 6 s 30(2), (3)
263: Transitional provision for existing registration plates
Registration plates issued under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding Act are to be treated as registration plates issued under this Part.
13: The following heading and sections are inserted in their appropriate order: General provisions relating to registration and licensing
264: Replacement of certificate of registration, licence, or registration plates
1: If the certificate of registration, licence, or registration plates for a motor vehicle have been lost, stolen, damaged, or destroyed, the registered person may, in accordance with any regulations made under this Part, apply for a replacement or duplicate of the certificate of registration, licence, or registration plates.
2: The Registrar may, if satisfied that subsection (1)
3: In the case of registration plates,—
a: the replacement or duplicate must have the same letters, numbers, distinguishing marks or combination of letters, numbers or distinguishing marks as were assigned to the plates that were lost, stolen, damaged, or destroyed; but
b: nothing in this section requires the Registrar to issue an exact replica of those plates (for example, in terms of colour, format, font, or size).
265: Surrender and seizure of registration plates and facsimile plates
1: The Registrar may order the surrender of—
a: any registration plates if the Registrar is satisfied that the plates—
i: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
ii: being ordinary plates, are not affixed to a motor vehicle; or
iii: have been issued in error or are being used (or are likely to be used) unlawfully; or
b: personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or
c: facsimile plates.
2: An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—
a: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
b: being ordinary plates, are not affixed to a motor vehicle; or
c: have been issued in error or are being used (or are likely to be used) unlawfully; or
d: have been ordered by the Registrar to be surrendered under subsection (1)
3: An enforcement officer may seize and destroy any facsimile plates.
4: For the purposes of subsections (1)(c) and (3) facsimile plate 1986 No 6 ss 8(4), 9D(3)
266: Registrar may prohibit or decline to issue plates
The Registrar may, in accordance with regulations made under this Part,—
a: prohibit the use of certain numbers, letters, or combinations of numbers or letters on personalised plates:
b: decline to issue supplementary plates:
c: decline to issue trade plates.
14: The following section is inserted in its appropriate order:
267: Appeal to District Court
1: A person may appeal to a District Court against a specified decision made under this Part by the Registrar or an enforcement officer if the person—
a: is a person in respect of whom the decision was made; and
b: is dissatisfied with the decision.
2: The Court may confirm, reverse, or modify the specified decision appealed against.
3: Every specified decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with this Part on the ground that an appeal is pending.
4: For the purposes of this section, a specified decision
a: seize and impound a motor vehicle under section 249
b: refuse to issue a supplementary plate or a trade plate in accordance with regulations made under this Part:
c: require the surrender of ordinary plates, personalised plates, supplementary plates, or trade plates in accordance with section 265
d: seize plates under section 265(2)
15: The following heading and section are inserted in their appropriate order: Offences and penalties
268: Infringement offences
An enforcement authority may, in relation to infringement offences against regulations made under this Part, exercise the powers specified in sections 138 to 141.
16: The following heading and sections are inserted in their appropriate order: Regulations
269: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing for—
i: the licensing and registration of motor vehicles, including (but not limited to)—
A: the requirements for eligibility:
B: cancellation:
(C): correction of errors or inaccuracies:
D: cases where particulars need not be recorded on the register:
ii: the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—
A: a statutory declaration by the person to be registered in respect of a motor vehicle that the person is the owner of the motor vehicle:
(B): evidence of a person's identity (such as a driver licence):
C: the certificate of registration for a motor vehicle:
D: a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:
E: a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:
F: evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:
iii: the manufacture, issuing, cancellation, refusal to issue, or surrender of licences and registration plates:
iv: the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:
b: exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—
i: any specified requirements of this Part or of regulations made under this Part:
ii: any prescribed fees:
c: imposing, or authorising the Registrar to impose, conditions in respect of—
i: the use of licences or registration plates:
ii: the operation of a registered motor vehicle on a road:
iii: any matter provided for in regulations made under this Part:
d: making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):
e: prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:
f: permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:
g: prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:
h: prescribing, or authorising the Registrar to prescribe,—
i: the form, colour, and material of licences and registration plates; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences and registration plates; and
iii: the means to make licences and registration plates easily visible; and
iv: the number of licences and registration plates to be displayed and the position and manner in which they are to be displayed; and
v: the eligibility requirements for licences, licence labels, and registration plates; and
vi: the duration of licences and registration plates:
i: specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:
j: authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 247 section 247
k: specifying offences for the purposes of this Part:
l: specifying infringement offences for the purposes of this Part:
m: setting out defences to any offences specified under paragraph (k) or (l)
n: setting out the maximum penalty for each offence specified under paragraph (k)
i: in the case of an individual, may be a fine not exceeding $10,000; and
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
o: setting the infringement fee for each offence specified under paragraph (l)
i: in the case of an individual, may not exceed $2,000; and
ii: in the case of a body corporate, may not exceed $10,000:
p: prescribing fees or charges payable in respect of—
i: any application made, or other matter undertaken, under this Part:
ii: any transfer of personalised plates:
q: prescribing fees or charges to cover the costs of—
i: providing information from, or administrative services related to, the register:
ii: producing and issuing licences and registration plates:
iii: replacement certificates, licences, or registration plates:
r: identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003:
s: providing for unpaid fees and charges to be recoverable as a debt due to the Crown:
t: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Without limiting the generality of subsection (1)
a: define a class of motor vehicles by reference to—
i: the actual or intended motor vehicle usage:
ii: ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:
iii: loss of possession or control, whether because of theft or another specified reason:
b: provide that if a registered person applies for an exemption from the requirement in section 242(2)
i: commencing on the day after the date of expiry of the former licence; and
ii: ending on the close of the day immediately before the date when the application for an exemption is lodged:
c: authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)(b)
d: provide that exemptions referred to in subsection (1)(b)
e: provide that exemptions from the requirements in section 242(1) or (2)
f: provide for the renewal or revocation of exemptions referred to in subsection (1)(b)
g: prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:
h: prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plate.
(3): Section 168 applies to regulations made under subsection (1)(p) or (q)
4: Without limiting the generality of subsection (3)
a: the New Zealand Police:
b: a statutory entity (within the meaning of the Crown Entities Act 2004):
c: a department specified in Schedule 1 of the State Sector Act 1988. 1986 No 6 s 35A
270: Fees and charges identified as land transport revenue
1: This section applies to regulations made by Order in Council under section 269 relevant regulations
2: If relevant regulations are made on or before 30 June in any year, they expire on the close of 31 December of that year except so far as they are expressly confirmed by Act of Parliament passed during that year.
3: If relevant regulations are made on or after 1 July in any year, they expire on the close of 31 December in the following year except so far as they are expressly confirmed by Act of Parliament passed before the end of that following year.
4: If relevant regulations expire by virtue of subsection (2) or (3)
5: The reference in subsection (4)
a: prescribed (or having effect as if prescribed) under section 167 or 168B in respect of the same or substantially the same matter; and
b: in force immediately before the commencement of this section.
6: If relevant regulations expire by virtue of subsection (2) or (3)
7: Relevant regulations that the House of Representatives resolves should be revoked or varied are revoked or varied in accordance with the terms of the resolution, and any fees and charges collected under the relevant regulations in excess of the fees and charges otherwise payable are, so far as that resolution provides, to be refunded.
8: The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming relevant regulations under subsection (2) or (3)
17: The following headings and sections are inserted in their appropriate order: Appointment
271: Appointment of Registrar
Nothing in this Part prevents the Minister from appointing the Agency to be the Registrar of Motor Vehicles if the Minister thinks it appropriate to do so. Delegations and authorisations
272: Delegations
1: The Registrar may, either generally or particularly, delegate to specified persons any of the Registrar's functions or powers under this Part.
2: However, subsection (1)
3: If the Registrar delegates functions or powers to a person under this section, that person—
a: may, with the prior approval of the Minister, delegate to another person approved functions or powers; and
b: is, in the case of a person not employed in the State services, subject to—
i: the Official Information Act 1982; and
ii: the Ombudsmen Act 1975.
4: A person to whom functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.
5: The Registrar may—
a: delegate a function or power under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being; and
b: impose general or special directions or conditions.
6: A delegation may be given for a specific or indefinite period, but in either case is revocable at will.
7: A delegation of a function or power does not prevent the performance of that function or the exercise of that power by the Registrar.
8: A delegation given under this section—
a: continues in force according to its tenor until it is revoked, even if the Registrar who gave the delegation ceases to be Registrar; and
b: continues to have effect as if it were made by the person appointed as Registrar.
9: A person acting or purporting to act under a delegation under this section must, when reasonably requested, produce evidence of the person's authority to do so.
10: In this section, person 1986 No 6 s 51A
273: Authorisations by Registrar
1: The Registrar may—
a: authorise any persons, or their agents or employees, to issue licences, certificates of registration, and registration plates for motor vehicles under this Part (including replacements as appropriate); and
b: specify how the authority must be exercised; and
c: appoint, and specify the functions and duties of, agents for notifying a change of ownership of a motor vehicle.
2: A person who is authorised under subsection (1)
a: the Official Information Act 1982; and
b: the Ombudsmen Act 1975. 1986 No 6 ss 8(6), 13(6), 34(2) .
18: The following heading and sections are inserted in their appropriate order: Fees and charges
274: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue. 1986 No 6 s 36
275: Other prescribed fees received under this Part
1: This section applies to prescribed fees that are received under this Part and that are not referred to in section 274
2: Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.
3: However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.
4: For the purposes of this section, prescribed recipient 1986 No 6 s 36AA .
2: Repeal, revocation, and consequential amendments
33: Repeal
The Transport (Vehicle and Driver Registration and Licensing) Act 1986 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle and Driver Registration and Licensing) Act 1986
34: Revocation
The Transport (Vehicle Registration and Licensing) Amendment Regulations 2006 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle Registration and Licensing) Amendment Regulations 2006
35: Consequential amendments
1: The Land Transport Act 1998 Schedule 1
2: The heading to Part 5 of Schedule 2 of the Land Transport Act 1998 is amended by omitting 1 July 2009 date or dates appointed by Order in Council
3: The Land Transport Amendment Act (No 2) 2006 is amended by repealing sections 2(1) 6
4: The Acts specified in Part 1 of Schedule 2 Part
5: The regulations specified in Part 2 of Schedule 2 Part
6: The Land Transport Rules specified in Part 3 of Schedule 2 Part
7: From the commencement of this section, every reference in any enactment or document to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998
8: From the commencement of this section, every reference in any enactment or document to trade licence must, unless the context otherwise requires, be read as a reference to trade plate as defined in section 233(1) 2009-06-29 Land Transport Amendment Act (No 2) 2006 OIC (SR 2011/78) 2011-05-01 Domestic Violence Act 1995 Fire Service Act 1975 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Injury Prevention, Rehabilitation, and Compensation Act 2001 Land Transport Management Act 2003 Local Government Act 1974 Machinery Act 1950 Motor Vehicle Sales Act 2003 National Parks Act 1980 Petroleum Demand Restraint Act 1981 Privacy Act 1993 Public Works Act 1981 Reserves Act 1977 Road User Charges Act 1977 Sentencing Act 2002 Summary Proceedings Act 1957 Tauranga District Council (Route K Toll) Empowering Act 2000 Transport Act 1962 Biosecurity (Costs) Regulations 2006 Consumer Information Standards (Used Motor Vehicles) Regulations 2008 Domestic Violence (Public Registers) Regulations 1998 Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2008 Land Transport (Certification and Other Fees) Regulations 1999 Land Transport (Infringement and Reminder Notices) Regulations 1998 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Land Transport Management (Road Tolling Scheme for ALPURT B2) Order 2005 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999 Land Transport (Storage and Towage Fees for Impounded Vehicles) Regulations 1999 Motor Vehicle Sales Regulations 2003 Personal Property Securities Regulations 2001 Sentencing Regulations 2002 Transport Services Licensing Regulations 1989 Transport (Vehicular Traffic Road Closure) Regulations 1965 Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004