Transport Services Licensing Act 1989

1: Short Title and commencement
1: This Act may be cited as the Transport Services Licensing Act 1989.
2: Except as otherwise provided in this Act, this Act shall come into force on the 1st day of October 1989.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Accident Accident: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Accident: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Agency section 93 Approved safety system Approved safety system: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Approved safety system: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Approved taxi organisation Agency section 21 Business location
a: In the case of a licence holder, operator, or approved taxi organisation which has its base location in an urban area, the location of that base by reference to the town or city, and the suburb (if any), in which it is situated:
b: In any other case, any description of location by which the base location of the licence holder, operator, or organisation can be easily identified, whether by reference to any road and area, or by reference to the nearest urban area: Control Designated stand Driver identification card section 19 enforcement officer
a: means any constable or traffic officer; and
b: includes any officer of the Agency acting pursuant to a delegation from the Agency, and any person claiming or appearing to be acting pursuant to any such delegation is, in the absence of evidence to the contrary, presumed to be so acting Goods service
a: Means—
i: The carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6,000
ii: The carriage of goods on any road for hire or reward by means of a motor vehicle whose gross laden weight is less than 6,000
b: Includes—
i: The letting on hire of a motor vehicle whose gross laden weight is 6,000
ii: The carriage of goods by the owner of the goods using a vehicle whose gross laden weight is 6,000
c: Does not include—
i: A vehicle recovery service; or
ii: A service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
iii: Any carriage of goods by a vehicle being used under a passenger service licence where the goods are in the possession of passengers in that vehicle; or
iv: Any carriage of goods by a small passenger service vehicle being used under a passenger service licence where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
v: Any service specified as an exempt service in Part 1 Goods service: this definition was amended 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 by substituting the expression 6,000 3,500 Goods service licence section 8 9 Goods service vehicle
a: Means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
b: Does not include a vehicle specified as an exempt vehicle in Part 2 Goods service vehicle: this definition was substituted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Gross laden weight section 2(1) Land Transport Act 1998 Gross laden weight: this definition was substituted 1 March 1999 215(1) Land Transport Act 1998 Incident Incident: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Incident: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Large passenger service vehicle Light rail vehicle Light rail vehicle: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Light rail vehicle: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Ministry Ministry: this definition was repealed 20 August 1993 Land Transport Act 1993 Motor vehicle section 2(1) Land Transport Act 1998 Motor vehicle: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Motor vehicle: this definition was substituted 1 March 1999 215(1) Land Transport Act 1998 Notify notification Parking warden section 7 Transport Act 1962 Passenger service section 47
a: The carriage of passengers on any road for hire or reward by means of a motor vehicle; and includes the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; and
b: The carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle;— but does not include any service specified as an exempt service in Part 1 Passenger service licence section 8 9 Passenger service vehicle Part 2 Proposed safety system Proposed safety system: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Proposed safety system: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Railway line Railway line: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Railway line: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Rail service Rail service: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Rail service: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Rail service operator Rail service operator: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Rail service operator: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Rail service vehicle Rail service vehicle: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Rail service vehicle: this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 regional council
a: means a regional council within the meaning of the Local Government Act 2002
b: includes—
i: the Auckland Regional Transport Authority established by section 7 Local Government (Auckland) Amendment Act 2004
ii: a territorial authority within the meaning of the Local Government Act 2002
c: does not include the Auckland Regional Council, and the Waikato Regional Council in relation to that part of its region within the district of the Franklin District Council regional council: this definition was amended 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 by inserting the words ; and includes any territorial authority under this Act regional council: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 regional council: this definition was substituted 1 December 2004 46 Local Government (Auckland) Amendment Act 2004 See clause 2 Local Government (Auckland) Amendment Act Commencement Order 2004 Rental service
a: The letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
b: Any service specified as an exempt service in Part 1 Rental service licence section 8 9 Rental service vehicle Part 2 Secretary Secretary: this definition was repealed 20 August 1993 Land Transport Act 1993 Service
a: An operation carried out on one occasion only:
b: An operation carried out solely for the benefit of the persons carrying it out: Small passenger service vehicle Taxi rules 3(1) 12(1) 16(1) 19 Taxi: this definition was inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Traffic officer Land Transport Act 1998 Traffic officer: this definition was substituted 1 March 1999 215(1) Land Transport Act 1998 Transit New Zealand Transit New Zealand: this definition was repealed 13 November 2003 90 Land Transport Management Act 2003 Transport service
a: Means any goods service, passenger service,
b: Does not include any service specified as an exempt service in Part 1 Transport service: this definition was substituted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Transport service: paragraph (a) of this definition was amended 20 July 2005 103(3) Railways Act 2005 by omitting the words rail service, See sections 105 111 Transport service driver Transport service driver: this definition was substituted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Transport service licence section 8 9
a: A goods service licence:
b: A passenger service licence:
c:
d: A rental service licence:
e: A vehicle recovery service licence: Transport service licence: this definition was substituted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Transport service licence: paragraph (c) of this definition was repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Transport service vehicle Transport service vehicle: this definition was substituted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Transport service vehicle: this definition was amended 20 July 2005 103(3) Railways Act 2005 by omitting the words rail service vehicle, See sections 105 111 Unique identifier section 19(2)(c) Vehicle recovery service
a: The towing or carrying of any motorcycle or moped; or
b: The towing or carrying of one motor vehicle by another where—
i: The towing or carrying is not carried out directly or indirectly for reward; and
ii: The towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
c: The towing or carrying of a vehicle by a person who owns the vehicle; or
d: Any service where the Agency
e: Any service specified as an exempt service in Part 1 Vehicle recovery service licence section 8 9 Vehicle recovery service vehicle Part 2
2: Terms defined in the Land Transport Act 1998
3: Where any service includes vehicles that are specified as exempt vehicles in Part 2 Section 2 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Section 2(1) Agency inserted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) approved taxi organisation amended 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) enforcement officer substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Enforcement officer: this definition was amended 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 by substituting the word constable member of the Police Enforcement officer: this definition was amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Ministry Section 2(1) Transit repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) vehicle recovery service amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (2) amended 1 March 1999 215(1) Land Transport Act 1998 by substituting the words the Land Transport Act 1998 the Transport Act 1962
3: Act to bind the Crown
1: Except as provided in subsection (2)
2: No transport service licence in respect of any transport service operated by—
a: The Armed Forces; or
b: The Fire Services Commission; or
c: The Police; or
d: Any emergency service organisation approved by the Agency shall be capable of being suspended or revoked for any reason. Section 3 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Section 3(2)(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
3A: Application of Act to rail service operators
Section 3A inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 3A repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
1: Transport services licensing
4: Classes of transport service
Section 4 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
5: Transport services to be licensed
Section 5 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
6: Application for transport service licence
Section 6 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
6A: Application for rail service licence
Section 6A inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6B: Proposed safety system
Section 6B inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6B amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6C: Matters to be taken into account in considering proposed safety system
Section 6C inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6C amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6D: Approval of safety system
Section 6D inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6D amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6E: Application by operator to vary approved safety system
Section 6E inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6E amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6F: Variation of safety system by
Director Section 6F inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6F amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6G: Procedure for variation of safety systems
Section 6G inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6G amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
6H: Relationship between this Act and
Health and Safety in Employment Act 1992 Section 6H inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6H repealed 5 May 2003 36 Health and Safety in Employment Amendment Act 2002
6I: Notice to be given to applicant
Section 6I inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 6I amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 6A 6I repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
7: Public notice to be given of application for certain licences
Section 7 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
8: Grant of licence
Section 8 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
9: Rights of existing licence holders and operators
Section 9 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
9A: Rights of existing rail service operators
Section 9A inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 9A amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Section 9A repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
10: Refusal to grant transport service licence
Section 10 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
11: Revocation of transport service licence
Section 11 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
12: Demerit points system for operators and drivers
Section 12 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
13: Director Section 13 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
14: Disqualification of operator or driver where 200 demerit points incurred
Section 14 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
15: Disqualification of transport service driver
Section 15 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
16: Immediate suspension of driver in interests of public safety, etc
Section 16 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
17: Effect of disqualification or suspension of transport service driver
Section 17 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
18: Certificate of knowledge of law and practice required for transport service operations
Section 18 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
18A: Area knowledge certificate required by taxi drivers
Section 18A repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
19: Drivers of small passenger vehicles and vehicle recovery service vehicles to hold photographic driver identification card
Section 19 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
19A: Ambulance drivers
Section 19A repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
20: Operator of small passenger service vehicle to be member of approved taxi organisation
Section 20 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
21: Approved taxi organisations
Section 21 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
22: Requirements relating to approved taxi organisations
Section 22 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
23: Revocation of approval of approved taxi organisation
Section 23 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
24: Criteria for fit and proper person test
Section 24 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
25: Rights of persons affected in relation to adverse decisions
Section 25 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
26: Transfer of licence prohibited
Section 26 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
27: Licence to continue in force until surrendered or revoked
Section 27 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
28: Surrender of licences
Section 28 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
29: Register of licences
Section 29 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005 Duties of licence holders Heading repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
30: Licence holder to notify changes to
Director Section 30 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
31: Requirements as to vehicles
Section 31 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
32: Licence holder to disclose name of driver of vehicle
Section 32 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
33: Notification of vehicles used in transport service
Section 33 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
34: Certificate of responsibility where person other than owner operates vehicle under licence
Section 34 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
35: Goods service licence holder to display identification on vehicles
Section 35 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
36: Licence holder to display identification on large passenger service vehicles, and maintain complaints register
Section 36 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005 Transport service rules Heading repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
37: Small passenger service rules
Section 37 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
38: Vehicle recovery service rules
Section 38 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
39: Rental service rules
Section 39 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005 Requirements of rail service participants The heading Requirements of rail service participants inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 This heading repealed 20 July 2005 103(3) Railways Act 2005 Requirements of rail service participants
39A: Operator's duty to report accidents and incidents
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39A amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39B: Functions and duties of
Director Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39B amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39C: Duty of
Director Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39C amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39D: Power of
Director Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39D amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39E: Power of
Director Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39E amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39F: Regular audit of safety system
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Subsection (1) substituted 20 August 1993 Land Transport Act 1993 Section 39F amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39G: Appointment of safety auditors
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39G amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39H: Functions and duties of safety auditors
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Subsection (1)(a) amended 20 August 1993 Land Transport Act 1993 by substituting the words a rail service operator the Secretary Section 39H amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39I: Regular safety audit report
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39I amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39J: Matters to be included in regular safety audit report
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39J amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39K: Notification of requirement for improvements
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39K amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39L: Supplementary audit of rail service
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39L amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39M: Extension of time to effect improvements and repairs
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39M amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39N: Special safety audits
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Subsection (1) amended 20 August 1993 Land Transport Act 1993 by substituting the word an the Section 39N amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39O: Special audit report
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39O amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111
39P: Power of entry of safety auditor carrying out special safety audit
Sections 39A to 39P inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Section 39P amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Sections 39A 39P repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Passenger Complaints Board The heading Passenger Complaints Board repealed 10 April 1992 Transport Services Licensing Amendment Act 1992
40: Constitution of Passenger Complaints Board
Sections 40 41 repealed 10 April 1992 Transport Services Licensing Amendment Act 1992
41: Functions of Passenger Complaints Board
Sections 40 41 repealed 10 April 1992 Transport Services Licensing Amendment Act 1992 Appeals Heading repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
42: Appeal to District Court
Section 42 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
43: Procedure
Section 43 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
44: Decision of
Director Section 44 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
45: Appeal to High Court on question of law
Section 45 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
46: Further appeal to Court of Appeal
Section 46 repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005
2: Registration of road, rail, and other passenger services
47: Interpretation
1: In this Part of this Act, unless the context otherwise requires,— Contracted service Passenger service
a: Subject to paragraph (b)
i: Any passenger service 2(1)
ii: Except in section 57 subsection (3)
b: Does not include an ambulance service: Passenger service: substituted 31 August 1990 Transport Services Licensing Amendment Act 1990 Regional passenger transport plan
a: Prepared by a regional council or a territorial authority that has the functions, powers, and duties of a regional council under this Act; and
b: Prepared in consultation with the public and the constituent authorities (if any) in the region concerned; and
c: Made available to the public; and
d: Specifying the passenger services the regional council or territorial authority proposes to be provided in its region or district, both generally and in respect of the transport disadvantaged: Regional passenger transport plan: substituted 31 August 1990 Transport Services Licensing Amendment Act 1990 Regional passenger transport plan: further substituted 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 Registered service
a: In respect of a passenger service, a passenger service registered under section 49
b: In respect of a specified service, any part of the service that is so registered;— and includes a contracted service Specified service
2: In addition to the matters described in paragraph (d) (1) regional passenger transport plan
a: May specify the conditions of the services the regional council or territorial authority
b: Without limiting the generality of paragraph (a)
i: Routes, capacity, frequency of service, and fare structure:
ii: Any special provisions for users of a specified class or description of the services or any of them; and
c: May specify any other matters the regional council or territorial authority Subsection (2) inserted 31 August 1990 Transport Services Licensing Amendment Act 1990 Subsection (2) amended 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 by substituting the expression paragraph (d) paragraph b Subsection (2) amended 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 by inserting in two places the words or territorial authority
48: Passenger services operated on or after 1 July 1991 to be notified to regional council
1: Except as provided in subsection (4) person Agency
2: Except in the case of notices to which section 56(3A)
3: With the consent of the regional council concerned, any notice required by this section to be given by any person may—
a: Be given by an organisation on behalf of the person; and
b: Relate to any number of services.
4: Nothing in this section or in section 50
a: Any region in which the service does not pick up or set down passengers; or
b: Any service that is not available to the public generally; or
c: Any charter of a large passenger service vehicle.
5: Notwithstanding subsection (2) section 56 subsection (1)
a: Section 49(1) within 21 days of receiving the notice not later than the 21st day of October 1990
b: Nothing in section 54 55 Section 48(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Subsection (1) amended 31 August 1990 Transport Services Licensing Amendment Act 1990 by substituting the word person holder of a passenger service licence Subsections (2) (3) substituted 31 August 1990 Transport Services Licensing Amendment Act 1990 Subsection (5) inserted 31 August 1990 Transport Services Licensing Amendment Act 1990 Section 48 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport
49: Registration of notified service
1: Subject to section 54 subsection (2) section 48 notice concerned
2: A regional council may decline to register a passenger service under this section where the service proposed—
a: Is likely to have a material adverse effect on the financial viability of any contracted service; or
b: Is likely to increase the net cost to the regional council of any contracted service; or
c: Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region.
3: Where a regional council declines to accept registration of a passenger service under this section it shall—
a: Forthwith advise in writing the person seeking registration of—
i: That decision, and the grounds for the decision; and
ii: If applicable, any date on which the service will be able to be registered; and
b: As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the service will be able to be registered. Subsection (1) amended 31 August 1990 Transport Service Licensing Amendment Act 1990 by substituting the words notice concerned notification
50: Abandonment or variation of registered service
1: Except as provided in this section, and subject to section 55
2: The regional council may reduce or waive the period of notice required by subsection (1)
3: Any notice required by this section to be given by the holder of a licence may, if the regional council consents, be given by any organisation acting on behalf of a group of holders of such licences and may relate to any number of licence holders.
4: Subject to section 55 subsection (5)
a: The 21st day after the date on which the notification of abandonment or variation was received by it, or such earlier date as may be appropriate having regard to any waiver of or reduction in the notice required under subsection (2)
b: The date on which the operator has specified that the service is to be abandoned or varied.
5: A regional council may decline to register a proposed variation in a service notified to it under this section where the service, as proposed to be varied,—
a: Is likely to have a material adverse effect on the financial viability of any contracted service; or
b: Is likely to increase the net cost to the regional council of any contracted service; or
c: Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region.
6: Where a regional council declines to register any variation of a service under this section, it shall—
a: Forthwith advise in writing the person seeking the variation of—
i: That decision, and the grounds for the decision; and
ii: If applicable, any date on which the variation will be able to be registered; and
b: As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the variation will be able to be registered.
51: Operation of unregistered service, etc
Every person
a: Operates within any region a passenger
b: Being the operator of a registered service, without reasonable excuse abandons or varies that service without giving the notice required by section 50 section 55 commits an offence and is liable on summary conviction to a fine not exceeding $20,000. Section 51 amended 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 by substituting the word person holder of a passenger service licence Paragraph (a) amended 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 by inserting the word passenger
52: Regional council to make register of services available to public
1: Every regional council shall maintain and make available to the public a current register of all services registered by it under this Part of this Act.
2: A regional council that fails to comply with the provisions of subsection (1)
53: Regional council to ensure passenger transport information available
Every regional council that registers details of any service under this Part of this Act shall satisfy itself that the information is reasonably readily available to the public free of charge or at a reasonable price, and if it is not so satisfied shall ensure that the information is so available.
53A: Regional councils to consider contracting out functions under Act
1: Every regional council and every territorial authority that has the functions, powers, and duties of a regional council under this Act shall, in the course of performing its functions, powers, and duties under this Act, consider whether it could most efficiently and effectively perform those functions, powers, and duties by means of its own operations or by contracting out those operations to appropriate persons selected after an appropriate competitive process.
2: Where a regional council or such a territorial authority considers that other persons can more efficiently and effectively perform any of its functions, powers, and duties under this Act, the council or authority—
a: Shall invite tenders for the performance of such functions; and
b: If a tender is successful, shall enter into an agreement setting out the terms on which those functions, powers, and duties are to be performed by the other person.
3: Every regional council and every such territorial authority shall have and may exercise all such powers as are necessary or reasonably expedient to enable it to perform its duties under this section, and such powers and duties are in addition to, and not in substitution for, powers and duties conferred on regional councils and such territorial authorities by any other Act.
4: Where a regional council or territorial authority invites tenders under subsection (2)
5: Despite any other provision of this Act, any regional council referred to in subsection (1) section 17 Local Government Act 2002 Section 53A inserted 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 Subsection (5) inserted 29 July 1995 Transport Services Licensing Amendment Act 1995 Subsection (5) substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Restrictions on registration, etc, for period 1 February 1991 to 31 January 1992 The heading Restrictions on registration, etc, for period 1 February 1991 to 31 January 1992 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992
54: Restrictions on registration and variation of services between 1 February 1991 and 31 October 1991
Sections 54 to 58 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992
55: Abandonment or variation of service registered before 1 February 1991
Sections 54 to 58 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 Requirements relating to taxi services and scheduled passenger services for period 1 November 1989 to 30 June 1991 The heading Requirements relating to taxi services and scheduled passenger services for period 1 November 1989 to 30 June 1991 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992
56: Small passenger vehicle services to be notified to regional council
Sections 54 to 58 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992
57: Restriction on scheduled passenger services for period 1 November 1989 to 30 June 1991
Sections 54 to 58 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992
58: Transitional Licensing Authority
Sections 54 to 58 repealed 1 July 1992 Transport Services Licensing Amendment Act (No 2) 1992 Appeals
59: Appeal to District Court
1: Where a regional council has declined under this Part of this Act to register any passenger service or variation in a passenger service, or has refused its consent to the abandonment of a service under section 55
2: On the hearing of an appeal under subsection (1)
a: Confirm, vary, or reverse the decision appealed against, and make such orders and give such directions to the regional council as may be necessary to give effect to the Court's decision; or
b: Refer the matter back to the regional council with directions to reconsider the whole or any specified part of the matter.
3: Subject to this section, every such appeal shall be made and determined in accordance with the District Courts Act 1947
4: Subject to section 60
60: Appeal to High Court from District Court or Transitional Licensing Authority on question of law
1: Any party to an appeal under section 59
2: Any party to any proceedings before the Transitional Licensing Authority who is dissatisfied with any decision of that Authority as being erroneous in point of law may appeal to the High Court on that question of law.
3: Every appeal under this section shall be heard and determined in accordance with the rules of Court.
3: Miscellaneous
61: Notices
1: Except as otherwise specified in this Act or in regulations made under this Act, where pursuant to this Act any notice or other document is to be given, served on, or furnished to any person, that notice or other document may be—
a: Given to the person personally; or
b: Sent by registered post to the person at the person's usual or last known place of business or abode; or
c: Given personally to any other person authorised to act on behalf of the person; or
d: Sent by registered post to that other person at that other person's usual or last known place of business or abode; or
e: Except in the case of any notice or document to be given or served in the course of or for the purpose of any court proceedings for an offence against this Act or any appeal under this Act, sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode.
2: Any notice or other document so sent by post or registered post shall be deemed to have been given, served, or received 7 days after the date on which it was posted, unless the person to whom it was posted proves that, otherwise than through that person's fault, the notice or document was not received.
62: Information for offences
1: Every information for an offence against Part 1 Agency
2: In the absence of proof to the contrary it shall be presumed that every information for an offence against Part 1 subsection (1) 1962 No 135 170 Section 62 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Section 62(1) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
63: Evidence and proof
In any proceedings for an offence against this Act—
a: If it is proved that passengers or goods were carried in or on any motor vehicle
b: Any licence or other document issued under this Act or any regulations in force under this Act may be proved by the production of a copy of the licence or document certified to be correct and signed by an officer of the Agency authorised in that behalf by the Agency
c: Evidence of the contents of the register maintained under section 29 an officer of the Agency authorised in that behalf by the Agency
d: The production of a certificate signed by an officer of the Agency authorised in that behalf by the Agency
e: Until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by an officer of the Agency authorised by the Agency 1962 No 135 171 Paragraph (a) amended 20 August 1993 Transport Services Licensing Amendment Act (No 3) 1992 by inserting in two places the words or rail service vehicle Paragraph (a) amended 20 July 2005 103(3) Railways Act 2005 by omitting the words or rail service vehicle See sections 105 111 Section 63 amended 20 August 1993 Land Transport Act 1993 by substituting the word Authority Ministry Director Secretary Secretary for Transport Section 63(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 63(e) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
63A: Power to inspect records
1: For the purpose of ascertaining whether the provisions of this Act have been or are being complied with by any person to whom this Act applies, any enforcement officer may require that person to produce for inspection any books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with logbooks, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills.
2: The enforcement officer may take extracts from or make copies of any books or records so produced. Section 63A inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992
64: Requirements of Act additional to other requirements
The provisions of this Act are in addition to and shall not derogate from the provisions of any other Act relating to the licensing, control, or taxation of vehicles or persons using vehicles. 1962 No 135 175
65: Application of fees, etc
All fees and other money (not being fines, infringement fees, or other penalties) received or recovered for the purposes of this Act shall be paid or credited to the Agency 1962 No 135 177 Section 65 amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 65 amended 20 August 1993 Land Transport Act 1993 by substituting the words shall be paid or credited to the Authority and payable to the Crown shall by paid or credited to the Ministry's Departmental Bank Account Section 65 amended 1 March 1999 215(1) Land Transport Act 1998 by substituting the words for the purposes of this Act under this Act
66: Regulations
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a:
b: Exempting any service or class or category of service from being a transport service for the purposes of this Act:
c: Exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of this Act:
ca:
cb:
cc:
cd:
d: Providing for the furnishing by any person in relation to any transport service carried on by the person of information relating to that service, and prescribing the nature of the information and the form, manner, and time in or at which it is to be furnished:
e:
f: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. Paragraph (a) repealed 1 March 1999 215(1) Land Transport Act 1998 Paragraphs (ca) to (cd) inserted 1 April 1993 Transport Services Licensing Amendment Act (No 3) 1992 Paragraphs (ca) (cb) (cc) repealed 20 July 2005 103(3) Railways Act 2005 See sections 105 111 Section 66(cd) repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005 Section 66(e) repealed 1 October 2007 section 95(3) Land Transport Amendment Act 2005 Section 66 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport
66A: Schedules referring to offences may be amended by Order in Council
The Governor-General may from time to time, by Order in Council, amend Schedule 2—
a: By omitting any reference to a regulation that has been revoked, and, if appropriate, substituting a reference to the corresponding new regulation:
b: By amending any reference to a regulation for the purpose of updating that reference. Section 66A inserted 30 April 1997 2 Transport Services Licensing Amendment Act 1997 Amendments, repeals, revocations, and savings
67: Section 67 repealed 10 April 1992 Transport Services Licensing Amendment Act 1992
68: Amending
New Zealand Railways Corporation Act 1981
1: Part 6 New Zealand Railways Corporation Act 1981
2: The New Zealand Railways Corporation Act 1981 section 119
119A: Application of certain road transport Acts to Corporation
Notwithstanding section 4(1) of this Act Transport Act 1962 Road User Charges Act 1977 Transport (Vehicle and Driver Registration and Licensing) Act 1986
69: Repeals and revocations
1: Part 7 Transport Act 1962
2: The following enactments are hereby consequentially repealed:
a: Section 13 of the Transport Amendment Act 1972
b: The Transport Amendment Act (No 3) 1982
c: Sections 3, 4, 6, 7, and 19 to 22 of the Transport Amendment Act (No 2) 1983
d: Sections 20 and 21 of the Transport Amendment Act (No 2) 1985
e: Section 6 of the Transport Amendment Act (No 3) 1985
f: The Transport Amendment Act (No 4) 1985
g: So much of Schedule 2 Commerce Act 1986 Transport Act 1962
h: Section 53(4) Transport (Vehicle and Driver Registration and Licensing) Act 1986
i: So much of Schedule 3 State-Owned Enterprises Act 1986 section 105(3) Transport Act 1962
j: Sections 30 to 33 of the Transport Amendment Act 1987
k: So much of Part A of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 Transport Act 1962
3: The following regulations are hereby revoked:
a: The Transport (Auckland Harbour Ferry Services) Order 1977 (SR 1977/251)
b: The Transport Licensing Regulations 1984 (SR 1984/119)
c: The Transport Licensing Regulations 1984, Amendment No 1 (SR 1985/84)
d: The Transport Licensing Regulations 1984, Amendment No 3 (SR 1986/85)
e: The Transport Licensing Regulations 1984, Amendment No 4 (SR 1987/315)
f: The Transport Licensing Regulations 1984, Amendment No 5 (SR 1988/169)
g: The Transport Licensing Regulations 1984, Amendment No 6 (SR 1988/245)
h: The Transport (School Bus Services) Notice 1988 (SR 1988/257)
4: This section shall come into force on the 1st day of November 1989.
70: Bodies abolished under
section 69
1: The following bodies established under Part 7 Transport Act 1962
a: The Licensing Appeal Authority:
b: The Charges Appeal Authority:
c: The Deputy Licensing Appeal Authority:
d: The Deputy Charges Appeal Authority:
e: Every Licensing Authority (including any Licensing Authority for a harbour-ferry service district).
2: Every member of the bodies abolished by subsection (1)
3: Subject to subsections (4) (5) section 71 subsection (1)
4: Where any appeal before the Licensing Appeal Authority has not been determined before the 1st day of November 1989, that appeal shall stand referred to the District Court nearest to the place where the appeal was filed; and that Court and any other District Court to which the matter may be transferred shall have the same jurisdiction in the matter as the Licensing Appeal Authority would have had if it had not been abolished.
5: Any proceedings under section 140 141 Transport Act 1962
6: Nothing in subsection (4) (5) Agency
7: This section shall come into force on the 1st day of November 1989. Section 70 amended 20 August 1993 Land Transport Act 1993 by substituting the word Director Secretary Secretary for Transport Section 70(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
71: Certain decisions of Licensing Authorities to continue to have effect
1: Where a Licensing Authority has—
a: Revoked any licence under section 140(9)(a) 141(6)(a) Transport Act 1962
b: Suspended any licence under section 140(9)(b) 141(6)(b) Transport Act 1962 that decision shall continue to be of full force and effect, and the licensee shall not be entitled to apply for or to be granted any transport service licence under this Act, or to be named as a person to have control of any transport service to which this Act applies, during the period specified in the decision of the Licensing Authority as the period within which the person is not entitled to apply for a licence, or the period of suspension, as the case may be.
2: Where a Licensing Authority has imposed any condition on a licence under section 140(9)(c) 141(6)(c) Transport Act 1962
3: Every person who operates any transport service in breach of any condition referred to in subsection (2)