New Zealand Legislation: Acts

199 Regulations

• (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  • (a) [Repealed]

  • (b) [Repealed]

  • (c) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof:

  • (d) Prescribing fines, not exceeding $1000, for the breach of any regulations made under this Act.

  (2) Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of vehicles or harbour ferries or different classes of licensed services, or with respect to the same class of vehicles or harbour ferries or licensed services in different circumstances.

  (3) Any regulations made under this Act may apply generally throughout New Zealand, or within any specified part or parts thereof, or to any specified route or routes, and may apply to all vehicles or harbour ferries or traffic, and may from time to time be applied by the Minister, by notice in the Gazette, to any part of New Zealand or to any route or to any class of vehicles or harbour ferries or traffic.

  (4) The operation of any regulations made under this Act may, if it is so provided therein, be wholly suspended until they are applied by the Minister by notice in the Gazette. Any such notice may at any time in like manner be revoked.

  (5) No regulations made under this Act shall be deemed invalid on the ground that any fees imposed thereby are unreasonably high, or on the ground that any conditions therein are unreasonably restrictive.

  (6) So far as the bylaws of any local authority are inconsistent with or repugnant to any regulations under this Act in force in the same locality, the bylaws shall be deemed to be subject to the regulations.

  (7) Any regulations made under this Act may confer on the Minister the power from time to time, by notice in the Gazette, to prescribe any alternative or additional forms for any class or classes of traffic signs prescribed by any regulations made under this Act, and to prescribe any directions as to the placement of such alternative or additional forms of traffic signs and such other matters as may be necessary to give full effect to the regulations. Any regulations made under this Act before the commencement of this subsection, and every notice issued by the Minister pursuant to those regulations, which would have been valid if this subsection had been in force when the regulations were made or the notice was issued are hereby validated and declared to have been lawfully made and issued.

  (8) The Minister, before recommending the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any such regulations which relate to the transportation of hazardous substances or new organisms, and shall take into account any submissions made by that Authority.

  (9) In subsection (8) of this section, hazardous substances and new organisms shall have the same meanings as in section 2 of the Hazardous Substances and New Organisms Act 1996.

  Section 199 replaced section 167 Transport Act 1949.

  Subsection (1)(a) was amended, as from 1 August 1987, by section 37 Transport Amendment Act 1987 (1987 No 96) by inserting the words “or maximum amount”.

  Subsection (1)(b) was amended, as from 25 November 1968, by section 16(2) Ministry of Transport Act 1968 (1968 No 39) by substituting the word “Director” for the word “Commissioner”.

  Subsection (1)(a) and (1)(b) were repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

  Subsection (1)(d) was amended, as from 30 August 1985, by section 3(3) Transport Amendment Act (No 3) 1985 (1985 No 126) by substituting the expression “not exceeding $500” for the expression “not exceeding $200”.

  Subsection (1)(d) was amended. as from 19 December 2001, by section 14(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the expression “$1,000” for the expression “$500”.

  Subsection (7) was inserted, as from 19 November 1971, by section 22 Transport Amendment Act 1971 (1971 No 57).

  Subsections (8) and (9) were inserted, as from 29 July 1998, with application to new organisms, by section 149 Hazardous Substances and New Organisms Act 1996 (1996 No 30). See clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 (SR 1998/220). See Parts 11 to 16 of that Act (comprising sections 151 to 259) as to the transitional provisions. See clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) as to that amendment coming fully into force as from 2 July 2001.