Reprint
as at 1 August 2008
| Public Act | 1962 No 135 |
| Date of assent | 14 December 1962 |
Except in sections 2(1), 68A(2), (4), and (7), and 199B, the words “Secretary”
and “Secretary for Transport”
have been substituted wherever they occur with the word “Director”
in accordance with section 35(1) Land Transport Act 1993 (1993 No 88).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Transport
3 Transport Department [Repealed]
4 Commissioner of Transport and other officers [Repealed]
6 Appointment of traffic officers [Repealed]
9 Applications for registration [Repealed]
10 Issue of registration certificate and plates [Repealed]
11 Annual licences [Repealed]
12 Application for licence for motor vehicle [Repealed]
13 Exemption from registration and licence fees [Repealed]
14 Issue of licences for motor vehicles [Repealed]
14A Form of registration plates and licences [Repealed]
14B Duplicate certificates of registration and substitute registration plates and licences [Repealed]
14C Change of use of motor vehicle [Repealed]
16 Registers of motor vehicles [Repealed]
18A Offences relating to registration, annual licensing, and change of ownership of motor vehicle [Repealed]
Special provisions as to dealers in motor vehicles
22 Trade plates and licences [Repealed]
23 Application of fees and charges [Repealed]
24 Regulations as to registration and licensing [Repealed]
25 Unlicensed persons not to drive motor vehicles [Repealed]
27 Inspection of drivers' licences [Repealed]
28A [Repealed]
28B Professional driving instructors [Repealed]
29C National register of driver's licences [Repealed]
29E Professional driving instructors [Repealed]
30AA Specific penalties [Repealed]
30AC Community-based sentence may be substituted for disqualification directed under this Part in certain circumstances [Repealed]
30AD Further penalty in certain cases where person driving vehicle used in transport service [Repealed]
30A Court orders relating to persons convicted twice or more of alcohol or drug related traffic offences [Repealed]
30B Assessment Centre fee [Repealed]
30C Removal of disqualification by Director [Repealed]
32 Disqualification on application by local authority or insurance company or Commissioner of Police or Director [Repealed]
33 Effect of disqualification [Repealed]
36 Commencement of period of disqualification [Repealed]
39 Removal of disqualification [Repealed]
40 Particulars of disqualification orders and of removal of disqualifications and of order authorising limited licences to be sent to Director and to local authority [Repealed]
41 Appeals against disqualification order or order refusing a limited licence or refusing removal of disqualification [Repealed]
41B Owner liability for moving vehicle offences [Repealed]
44 Recording of demerit points [Repealed]
45 Appeal against conviction [Repealed]
46 Cancellation of points [Repealed]
47 Notice of points [Repealed]
48 Disqualification under points system [Repealed]
49 Issue of limited licence [Repealed]
51 Regulations as to demerit points [Repealed]
52 Speed limits [Repealed]
53 Exemption from speed limits of Police, traffic officers, and ambulance and fire-brigade drivers [Repealed]
55 Causing bodily injury or death through reckless or dangerous driving or driving while under the influence of drink or drugs [Repealed]
57 Reckless or dangerous driving [Repealed]
Breath-alcohol and blood-alcohol offences
57A Interpretation [Repealed]
58 Driving with excessive breath-alcohol or blood-alcohol concentration or while under influence of drink or drugs [Repealed]
58A Breath screening tests [Repealed]
58B Evidential breath tests [Repealed]
58C Blood tests [Repealed]
58D Hospital blood tests [Repealed]
58E Refusal to supply blood specimen [Repealed]
58F Procedure for dealing with blood specimens [Repealed]
58I Reasonable compliance [Repealed]
59B Breath tests [Repealed]
59C Blood tests [Repealed]
59D Proceedings for offence committed while under the influence of a drug or a drug associated with drink [Repealed]
59E Refusal to supply specimen of blood [Repealed]
60 Careless or inconsiderate use of motor vehicle [Repealed]
Miscellaneous provisions with respect to motor driving
65 Duties of motor drivers in cases of accidents [Repealed]
66A Entry on premises for purpose of exercising powers in relation to breath-alcohol offences [Repealed]
68A Court may order driving test [Repealed]
68B Powers of constables and traffic officers [Repealed]
68D Jurisdiction of traffic officers [Repealed]
69B Overloading offences [Repealed]
69C Overloading of Crown vehicles [Repealed]
70 Strict liability for offences involving insecure loads and loads falling from heavy vehicles [Repealed]
70A Constable or traffic officer to order stopping of heavy motor vehicle until load is secured [Repealed]
70B Driving hours [Repealed]
70C Driver logbooks [Repealed]
70E Definition of hazardous substance, etc [Repealed]
70IA Power to inspect rail service vehicles [Repealed]
70IB Power to inspect premises used for loading [Repealed]
70J Heavy motor vehicles of or over 3,500 kg to comply with hazardous substances requirements [Repealed]
70K Director and Commissioner of Police may appoint hazardous substance enforcement officers [Repealed]
71 Restriction of heavy traffic on roads [Repealed]
71A Use of hovercraft on or over any roads [Repealed]
76 [Repealed]
76A Temporary closure of non-essential roads [Repealed]
76B Notification of road hazards [Repealed]
76C Traffic surveys [Repealed]
Vehicles used in licensed services
79 Certificates of fitness [Repealed]
79A Revocation of certificate of fitness [Repealed]
79B Certificates of loading [Repealed]
81 Notice of accidents to be given to Director [Repealed]
82 Inquiries into accidents [Repealed]
83 [Repealed]
84 [Repealed]
85 [Repealed]
86 [Repealed]
87 [Repealed]
88 [Repealed]
89 [Repealed]
90 [Repealed]
90A [Repealed]
90B [Repealed]
90C [Repealed]
90D [Repealed]
90E [Repealed]
90F [Repealed]
90G [Repealed]
90H [Repealed]
90I [Repealed]
90R Vesting of Motor Vehicles (Third-party Risks) Indemnity Fund in Accident Compensation Corporation
91 Road Traffic Safety Research Council [Repealed]
92 Functions of Council [Repealed]
93 Subcommittees of Council [Repealed]
94 Remuneration and travelling expenses [Repealed]
99 Term of office and vacancies [Repealed]
102 Proceedings of Licensing Authorities [Repealed]
105 Powers in respect of temporary licences [Repealed]
106 Annual report of Licensing Authority [Repealed]
107B Remuneration of Licensing Appeal Authority and Charges Appeal Authority and deputies [Repealed]
107D Function of Licensing Appeal Authority [Repealed]
107F Powers and rights of Appeal Authorities and persons involved in proceedings of Appeal Authorities [Repealed]
107G Proceedings of Licensing Appeal Authority and Charges Appeal Authority generally to be in public [Repealed]
107H Orders as to costs [Repealed]
108 Passenger services, taxicab services, goods services, rental services, and harbour-ferry services to be licensed [Repealed]
110 Computation of rail distances [Repealed]
113B Offences and proceedings concerning waybills [Repealed]
113E Power to inspect and seal vehicles and goods [Repealed]
114 Minister may declare certain services to be passenger services or gooods services or rental services [Repealed]
115 Defining proper Licensing Authority to grant or exercise jurisdiction in respect of licenses [Repealed]
116 Application for licence [Repealed]
118 Secretary may supply Licensing Authority with information and submissions, and applicant may comment on them [Repealed]
120 Determination of application for transport licence involving exemption from rail restriction [Repealed]
121 Determination of application for taxicab-service licence or passenger-service or harbour-ferry service licence for scheduled service [Repealed]
122 Certain evidence and representations relating to taxicab-service licences not to be received [Repealed]
126 Conditions to apply to existing licences [Repealed]
129 Conditions relating to sceduled services [Repealed]
130 Conditions applying to passenger-service and harbour-ferry licences to carry on scheduled service [Repealed]
131 Condition of taxicab-service licences [Repealed]
132 Conditions as to vehicles and harbour ferries [Repealed]
134 Form and effect of transport licence [Repealed]
135 Amendment of licences [Repealed]
138 Surrender and cancellation of licences [Repealed]
139 Registers of licences [Repealed]
141 Public inquiry where licensee convicted of offence against rail restriction or Road User Charges Act 1977 [Repealed]
143 Taxicab organisations [Repealed]
144 Review of taxicab services [Repealed]
145 Leases of taxicab-service licences [Repealed]
147 Charges for taxicab services [Repealed]
148 Applications to prescribe charges [Repealed]
149 Principles to be observed by Secretary [Repealed]
150 Notice of decisions to be given [Repealed]
155 Extending time for appeal [Repealed]
156 Procedure on appeals [Repealed]
158 Hearing and determination of appeal [Repealed]
160 Notice of decision on appeal [Repealed]
161 Appeal on question of law [Repealed]
162 Notice of appeal [Repealed]
163 Right to appear and be heard on appeals [Repealed]
164 Orders relating to determination of appeals [Repealed]
165 Dismissal of appeal [Repealed]
166 Appeal in respect of additional point of law [Repealed]
167 Extension of time [Repealed]
168 Date of hearing [Repealed]
170 Information for offences under this Part [Repealed]
171 Evidence and proof [Repealed]
172 Admissibility of certain statements [Repealed]
173 Marking and identification of goods [Repealed]
174 Privilege of certain witnesses [Repealed]
175 Effect of this part on other Acts and bylaws [Repealed]
176 Enforcing orders for costs and expenses [Repealed]
178 Regulations [Repealed]
179 [Repealed]
180 [Repealed]
181 [Repealed]
182 [Repealed]
183 [Repealed]
184 [Repealed]
185 [Repealed]
186 [Repealed]
[Repealed]
187 Interpretation [Repealed]
189 Refund of motor spirits duty and sales tax [Repealed]
190 Procedure for obtaining refund [Repealed]
191 Amount of motor spirits duty and sales tax credited to Consolidated Account, and refunds of such duty and tax, may be altered by Order in Council [Repealed]
192B Offence relating to distance recorder [Repealed]
194A [Repealed]
197 Evidence of testing and accuracy of weighing devices and sites, and speed-measuring devices [Repealed]
197A [Repealed]
199A Fees for traffic officer accident reports [Repealed]
[Repealed]
[Repealed]
An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to motor vehicles, to road traffic, and to commercial transport services carried on by means of motor vehicles or harbour ferries
The long title was amended, as from 1 January 1987, pursuant to section 29(2) Constitution Act 1986 (1986 No 114) by substituting the words “Parliament of New Zealand”
for the words “General Assembly”
.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
(1) This Act may be cited as the Transport Act 1962.
(2) Except where this Act otherwise provides, this Act shall come into force on the 1st day of May 1963.
(1) In this Act, unless the context otherwise requires,—
Accident compensation levy
[Repealed]
Accident compensation levy: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Adjoining means contiguous, or contiguous except for a separation by a river, stream, drain, canal, or other watercourse, or by a road, motorway, or railway
Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003
Agricultural operation
[Repealed]
Agricultural operation: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Agricultural trailer means a trailer designed exclusively for agricultural operations and used on a road only when proceeding to or from a farm or when being inspected, serviced, or repaired
Agricultural trailer: this definition was omitted during the 1972 revision and a new definition was inserted, as from 16 November 1973, by section 2(2) Transport Amendment Act 1973 (1973 No 35).
Alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purposes of propulsion of a vehicle
Alternative fuel system: this definition was inserted, as from 17 December 1980, by section 2(1) Transport Amendment Act 1980 (1980 No 96) and has particular relevance to the regulation-making power in section 77(2).
Ambulance means any motor vehicle designed and used principally for the carriage of sick or injured persons
Approved operational plan
[Repealed]
Approved operational plan: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).
Approved operational plan: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).
Approved transport section of a regional planning scheme
[Repealed]
Approved transport section of a regional planning scheme: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).
Approved transport section of a regional planning scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).
Approved urban transport scheme
[Repealed]
Approved urban transport scheme: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).
Approved urban transport scheme: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).
Approved vehicle surveillance equipment
[Repealed]
Approved vehicle surveillance equipment: this definition was inserted, as from 1 April 1983, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).
Approved vehicle surveillance equipment: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Articulated vehicle means any motor vehicle with a trailer attached so that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle. Such a trailer shall be called a semi-trailer
Articulated vehicle: replaced the previous definition of articulated motor vehicle.
Assessment Centre
[Repealed]
Assessment Centre: this definition was inserted, as from 3 November 1983, by section 2 Transport Amendment Act (No 3) 1983 (1983 No 35).
Assessment Centre: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Axle has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Axle: the second proviso of this definition was amended, as from 29 October 1974, by section 33(a) Transport Amendment Act 1974 (1974 No 61) by substituting the expression “1 metre”
for the expression “3 feet 4 inches”
.
Axle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Cargo container means an article of transport equipment of a type approved for the purposes of this Act by the Authority by notice in the Gazette, being a lift van, movable tank, or other similar structure; and includes the normal accessories and equipment of the container, when attached to and used exclusively with it; but does not include any vehicle, or any ordinary packing case, crate, box, or other similar article used for packing
Cargo container: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57) and continued into the 1972 amendment. It defined a term used in subsection (5) of section 123 as inserted by section 17 of that same Act. This definition is now redundant with the repeal of section 123 by section 18 Transport Amendment Act (No 2) 1983 (1983 No 33).
Cargo container: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
.
Carriage includes haulage
Charges Appeal Authority
[Repealed]
Charges Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Commissioner means the Commissioner of Police
Commissioner: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).
Container ship
[Repealed]
Container ship: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Continuous licence
[Repealed]
Continuous licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Contract
[Repealed]
Contract: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Contract vehicle
[Repealed]
Contract vehicle: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Controlling authority, in relation to any road, means the road controlling authority for that road within the meaning of section 2(1) of the Land Transport Act 1998
Controlling authority: this definition was inserted, as from 30 April 1997, by section 2(1) Transport Amendment Act 1997 (1997 No 3).
Controlling authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Dealer means a person who is carrying on business as a manufacturer of motor vehicles or as a dealer in motor vehicles
Department
[Repealed]
Department: this definition was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Department of State means a department of the Public Service as defined in the State Sector Act 1988
Department of State: this definition was inserted, as from 19 November 1971, by section 2 Transport Amendment Act 1971 (1971 No 57).
Department of State: this definition was amended, as from 1 April 1982, by section 120(4) New Zealand Railways Corporation Act 1981 (1981 No 119) by substituting the words “the New Zealand Railways Corporation”
for the words “the New Zealand Government Railways Department”
.
Department of State: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “State Sector Act 1988”
for the words “State Services Act 1962; and includes the New Zealand Railways Corporation and the Post Office”
.
Design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning
Design: this definition was inserted, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137).
District
[Repealed]
District: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Driver, in relation to any vehicle, includes the rider of a motor cycle or moped or bicycle; and drive has a corresponding meaning
Driver: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word “moped”
for the words “power cycle”
.
Driver licence means a driver licence issued or having effect under the Land Transport Act 1998
Driver's licence: this definition was inserted, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Driver licence: this definition was substituted for the definition of Driver's licence, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Enforcement authority, in relation to an infringement offence , means—
(a) The New Zealand Police, in the case of an alleged infringement offence detected by a sworn or non-sworn member of the Police:
(b) The Authority, in the case of an alleged infringement offence detected by an officer of the Authority:
(c) The local authority, in the case of an alleged infringement offence detected by an officer of a local authority:
(d) The airport authority, in the case of an alleged infringement offence detected by an officer of an airport authority:
Enforcement authority: this definition was inserted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).
Enforcement authority: this definition was amended, as from 29 October 1974, by section 10(3) Transport Amendment Act 1974 (1974 No 61) by inserting the words “infringement offence”
.
Enforcement authority: this definition was substituted, as from 1 April 1981, by section 2(2) Transport Amendment Act 1980 (1980 No 96).
Enforcement authority: this definition was amended, as from 23 November 1982, by section 3(1) Airport Authorities Amendment Act 1982 (1982 No 57) by inserting paragraph (c).
Enforcement authority: this definition was substituted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).
Enforcement authority: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Ministry”
and “Ministry of Transport”
wherever they occurred.
Enforcement authority: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by omitting the words “or an overloading infringement”
and “or overloading infringement offence”
.
Enforcement officer means a traffic officer or a constable
Enforcement officer: this definition was inserted, as from 1 July 1992, by section 2 Transport Amendment Act (No 2) 1992 (1992 No 67).
Explosive means any hazardous substance (as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996) with explosive properties
Explosive: previously the term explosive was given the same meaning as in the Explosives Act 1957. This provision was contained in section 64(4). The new definition set out the full definition of explosive and transferred the definition from section 64 to the Interpretation section.
Explosive: this definition was substituted, 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.
Fares
[Repealed]
Fares: this definition was substituted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).
Fares: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Farmer means any farmer of animals or livestock, or any market gardener, orchardist, viticulturalist, apiarist, nurseryman, poultry or egg producer, or grower of hops, peas, potatoes, tobacco, or other crops; and farm has a corresponding meaning
Farmer: this definition was substituted, as from 11 December 1988, by section 2 Transport Amendment Act (No 2) 1988 (1988 No 170).
Fire brigade has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Fire brigade: this definition was inserted, as from 30 April 1997, by section 2(2) Transport Amendment Act 1997 (1997 No 3).
Fire brigade: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Flammable liquid means any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) in liquid form with flammable properties; and includes motor spirits
Flammable liquid: this definition was inserted, as from 1 August 1987, by section 2(2) Transport Amendment Act 1987 (1987 No 96).
Flammable liquid: this definition was substituted, 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.
Goods has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Goods: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Goods service, and goods service licence have the same meanings as in section 2 of the Land Transport Act 1998
Goods-service vehicle means a motor vehicle designed exclusively or principally for the carriage of goods but does not include a tractor
Goods-service vehicle: this definition was amended, as from 29 October 1974, by section 2(1) Transport Amendment Act 1974 (1974 No 61) by inserting the words “but does not include a tractor”
.
Gross laden weight
[Repealed]
Gross laden weight: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Gross laden weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Gross weight
[Repealed]
Gross weight: the previous definition was inserted, as from 1 April 1969, by section 5 Transport Amendment Act 1968 (1968 No 148).
Gross weight: the proviso to the previous definition was inserted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).
Gross weight: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Gross weight and gross laden weight have the same meanings as they have in section 2(1) of the Land Transport Act 1998
Gross weight and gross laden weight: this definition was inserted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Harbour
[Repealed]
Harbour: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Harbour ferry
[Repealed]
Harbour ferry: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Harbour-ferry service
[Repealed]
Harbour-ferry service: this definition was repealed, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Hazardous substance has the same meaning as in section 70E of this Act
Hazardous substance: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) the gross laden weight of which exceeds 3,500 kilograms
Heavy motor vehicle: this definition was substituted, as from 20 October 1972, by section 2 Transport Amendment Act 1972 (1972 No 129).
Heavy motor vehicle: this definition was substituted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Heavy motor vehicle: Section 2(4) Transport Amendment Act 1989 (1989 No 77) included the new definition of Heavy motor vehicle shown above. However, there has been no formal repeal of the previous definition.
Heavy traffic means—
(a) The use of any heavy motor vehicle; or
(b) Any other traffic declared to be heavy traffic by the Authority by notice in the Gazette:
Heavy traffic: this definition was inserted by section 9(2) Transport Amendment Act (No 2) 1967 (1967 No 153) and continued in the 1972 amendment.
Heavy traffic: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport 1993 (1993 No 88) by substituting the words “Authority by notice in the Gazette”
.
Hovercraft means a contrivance propelled by mechanical power which is designed to be supported by and to move on a cushion of air created by downward thrust from its motor
Image
[Repealed]
Image: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Image: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Inflammable liquid
[Repealed]
Inflammable liquid: this definition was repealed, as from 1 August 1987, by section 2(1) Transport Amendment Act 1987 (1987 No 96).
Infringement offence has the meaning assigned to it in section 42A(1) of this Act
Infringement offence: this definition was substituted, as from 1 April 1981, by section 2(3) Transport Amendment Act 1980 (1980 No 96) as part of a new regime of infringement offences.
Initiator
[Repealed]
Initiator: this definition was repealed, as from 1 November 1986, by section 22(1)(a) Transport Amendment Act (No 2) 1983 (1983 No 33).
International cargo container means a cargo container designed for carriage in a cellular hold of a container ship engaged in international trade
International cargo container: this definition was inserted by section (2) Transport Amendment Act 1971 (1971 No 57).
Invalid carriage
[Repealed]
Invalid carriage: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Invalid carriage: this definition was repealed, as from 22 June 2005, by section 91(1) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Issue
[Repealed]
Issue: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Land Transport Fund
[Repealed]
Land Transport Fund: this definition was inserted, as from 1 October 1989, by section 2(1) Transport Amendment Act 1989 (1989 No 77).
Land Transport Fund: this definition was repealed, as from 1 July 1996, by section 29 Transit New Zealand Amendment Act 1995 (1995 No 42).
Large passenger service vehicle has the same meaning as in section 2 of the Land Transport Act 1998
Licensing Appeal Authority
[Repealed]
Licensing Appeal Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Licensing Authority
[Repealed]
Licensing Authority: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Licensing year
[Repealed]
Licensing year: this definition was substituted, as from 3 November 1983, by section 4(2) Transport Amendment Act (No 3) 1983 (1983 No 35).
Licensing year: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Load has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Load: this definition was inserted, as from 1 February 1986, by section 2(1) Transport Amendment Act (No 3) 1985 (1985 No 126).
Load: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
local authority means a local authority within the meaning of the Local Government Act 2002
Local authority: this definition was amended, as from 1 April 1978, by section 7(3) Local Government Amendment Act (No 3) 1977 (1977 No 122) by inserting the words “a District Council, a Regional Council, a United Council,”
.
Local authority: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Logbook means a logbook (being a logbook in a form approved by the Director) referred to in sections 70C and 70D of this Act
Logbook: this definition was inserted, as from 1 August 1987, by section 2(3) Transport Amendment Act 1987 (1987 No 96). It relates to the regime of driving hours enforcement introduced by that Amendment.
Minister has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Minister: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Moped means a motor vehicle running on 2 or 3 wheels that is fitted with a motor having a power output not exceeding 2 kilowatts and is designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use
Moped: this definition was inserted, as from 1 December 1983, by section 2 Transport Amendment Act (No 3) 1983 (1983 No 35) to replace the definition of power cycle.
Motorcar means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats
Motorcar: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word “moped”
for the words “power cycle”
.
Motor cycle means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a side car; and includes any vehicle with motorcycle controls declared by the Director to be a motorcycle; but does not include a moped
Motor cycle: this definition was amended, as from 1 March 1984, by section 21(3) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word “moped”
for the words “power cycle”
.
Motor driver's licence or driver's licence
[Repealed]
Motor driver's licence or driver's licence: this definition was amended by section (3) Transport Amendment Act (No 3) 1983 and repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Motor vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Motor vehicle: the previous definition was amended, as from 29 October 1965, by section 2 Transport Amendment Act (No 2) 1965 (1965 No 128) by inserting the words “(not being a trailer designed solely for the carriage of goods)”
in para (c).
Motor vehicle: the previous definition was amended, as from 24 October 1969, by section 2 Transport Amendment Act (No 2) 1969 (1969 No 137) by inserting the words “and used”
. A trailer “designed”
as part of the armament of any of Her Majesty's Forces would remain outside the definition of motor vehicle even if sold and used for some other purpose without the addition of these words.
Motor vehicle: paragraph (d) of the previous definition was inserted, as from 29 October 1965, by section 2 Transport Amendment Act 1965 (1965 No 127).
Motor vehicle: paragraph (f) of the previous definition was substituted, as from 1 January 1969, by section 3(2) Transport Amendment Act 1968 (1968 No 148).
Motor vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Moving vehicle offence
[Repealed]
Moving vehicle offence: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).
Moving vehicle offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Officer means an employee of the Authority or of a local authority; and includes a traffic officer
Officer: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).
Officer: this definition was substituted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Officer: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Department”
.
Officer: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “an employee”
for the words “an officer”
.
Officer of the Authority
[Repealed]
Officer of the Authority: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).
Officer of the Authority: this definition was amended, as from 20 August 1993, by section 35 Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Department”
.
Officer of the Authority: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110). Section 215(1) proposed to repeal the definition of the term Officer of the Department apparently in error.
Operate, in relation to any vehicle, means to use or drive the vehicle on any road, or to cause or permit the vehicle to be on any road or be driven on any road, whether or not the person is present with the vehicle; and operator has a corresponding meaning
Operate: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).
Overloading infringement
[Repealed]
Overloading infringement: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).
Overloading-infringement fee
[Repealed]
Overloading-infringement fee: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).
Overloading-infringement notice
[Repealed]
Overloading-infringement notice: this definition was repealed, as from 1 November 1987, by section 2(4) Transport Amendment Act 1987 (1987 No 96).
Overloading offence
[Repealed]
Overloading offence: this definition was inserted, as from 1 November 1987, by section 2 Transport Amendment Act 1987 (1987 No 96).
Overloading offence: this definition was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Owner, in relation to a motor vehicle, means the person lawfully entitled to possession thereof, except where—
(a) The motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or
(b) The motor vehicle is let on hire pursuant to the terms of a rental-service licence—
in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings
Parking means—
(a) In relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:
(b) In relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road:
Parking: this definition was amended as from 1 April 1981, by section 2(5) Transport Amendment Act 1980 (1980 No 96) by omitting the words “where the parking is prohibited for a period in excess of a period fixed by a bylaw of a local authority”
.
Parking infringement
[Repealed]
Parking infringement: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).
Parking infringement notice
[Repealed]
Parking infringement notice: this definition was repealed, as from 1 April 1981, by section 2 Transport Amendment Act (No 2) 1980 (1980 No 96).
Parking offence means an offence described in paragraph (a) of the definition of the term stationary vehicle offence in section 41A of this Act
Parking offence: this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).
Parking offence: this definition was substituted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).
Parking warden means a parking warden appointed under section 7 of this Act
Parking warden: this definition was inserted, as from 1 August 1987, by section 2(5) Transport Amendment Act 1987 (1987 No 96).
Passenger service, passenger service licence, and passenger service vehicle have the same meanings as in section 2 of the Land Transport Act 1998
Pedestrian-controlled machine means a vehicle (not designed for the carriage of persons or goods) controlled by a pedestrian and designed exclusively to perform some mechanical operation by means of machinery either forming an integral part of, or permanently attached to, the vehicle
Public body
[Repealed]
Public body: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
Quarter means a period of 3 months ending with the last day of March, June, September, or December in any year
Quarter day means the 1st day of March, June, September, or December in any year
Rail service vehicle
[Repealed]
Rail service vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).
Rail service vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
Railway line
[Repealed]
Railway line: this definition was substituted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108). The earlier definition was originally transferred to the Interpretation section from section 64 of the Act.
Railway line: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
Registrar
[Repealed]
Registrar and Deputy Registrar: this definition was repealed, as from 1 August 1986, by section 5(a) Transport Amendment Act 1986 (1986 No 49).
Registration plate
[Repealed]
Registration plate: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6)
Rental car
[Repealed]
Rental car: this definition was repealed, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77).
Rental service, rental service licence, and rental service vehicle have the same meanings as in section 2 of the Land Transport Act 1998
Road has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Road: this definition was amended, as from 16 December 1983, by section 16(1) Public Works Amendment Act 1983 (1983 No 150) by omitting the words “; but does not include a motorway within the meaning of the Public Works Amendment Act 1947”
.
Road: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Sale, in relation to any motor vehicle, includes disposition by way of hire-purchase; and also includes a conditional sale; and sell, seller, and purchaser have corresponding meanings
Seasonal licence
[Repealed]
Seasonal licence: this definition was repealed, as from 1 August 1987, by section 2(6) Transport Amendment Act 1987 (1987 No 96).
Secretary or Secretary for Transport means the chief executive of the Ministry of Transport
Secretary or Secretary for Transport: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Secretary or Secretary for Transport: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “Ministry of Transport”
for the word “Department”
.
Service means a transport service
Service: this definition was substituted for the definition of Service or transport service, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).
Small passenger service vehicle has the same meaning as in section 2 of the Land Transport Act 1998
Speeding offence and speed limit have the same meanings as they have in section 2(1) of the Land Transport Act 1998
Speeding offence: this definition was amended, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35) by substituting the “Public Works Act 1981”
for the repealed “Public Works Amendment Act 1947”
.
Speeding offence: this definition was inserted, as from 1 April 1993, by section 2 Transport Amendment Act (No 3) 1992 (1992 No 108).
Speeding offence: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Stationary vehicle offence has the same meaning as in section 41A of this Act
Stationary vehicle offence: this definition was inserted, as from 1 April 1993, by section 2(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Taxicab means a motor vehicle—
(a) Designed principally for the carriage of persons not exceeding 8 in number, inclusive of the driver; and
(b) Used for hire or reward for the carriage of passengers otherwise than on defined routes; and
(c) Available for hire to any member of the public:
Taxicab: this definition was amended, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129) by omitting the words “exclusively or”
. A station wagon may now be used as a taxicab.
Taxicab service means a passenger service carried on by means of a taxicab or taxicabs used as such
Temporary licence
[Repealed]
Temporary licence: this definition was substituted, as from 1 June 1984, by section 20(1) Transport Amendment Act (No 2) 1983 (1983 No 33).
Temporary licence: this definition was repealed, as from 1 November 1989, by section 2(10) Transport Amendment Act 1989 (1989 No 77).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was inserted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Towage fee, in respect of a parking offence, means an amount specified as the towage fee in respect of that offence by the Director by notice in the Gazette; and, for the purposes of this definition, the Director may prescribe different rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis
Towage fee:this definition was inserted, as from 1 April 1981, by section 2(4) Transport Amendment Act 1980 (1980 No 96).
Towage fee: this definition was amended, as from 22 June 2005, by section 91(7) Land Transport Amendment Act 2005 (2005 No 77) by substituting the words “rates of towage fees in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis”
for the words “towage fees in respect of offences involving different areas, times, or vehicles”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Traction engine
[Repealed]
Traction engine: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Tractor
[Repealed]
Tractor: this definition was substituted, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129).
Tractor: this definition was substituted, as from 29 October 1974, by section 2(1) Transport Amendment Act 1974 (1974 No 61).
Tractor: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Trade licence
[Repealed]
Trade licence: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Trade plates
[Repealed]
Trade plates: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Traffic officer means an enforcement officer appointed or otherwise holding office under the Land Transport Act 1998
Traffic officer: this definition was substituted, as from 1 August 1987, by section 2(7) Transport Amendment Act 1987 (1987 No 96). Prior to this date the definition was the only reference in the Act to the appointment of traffic officers or their approval by the Minister. The new section 6 inserted by the same amendment comprehensively dealt with the matter before its repeal.
Traffic officer: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Trailer means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable; but does not include—
(a) A sidecar attached to a motor cycle; or
(b) A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power:
Transit New Zealand
[Repealed]
Transit New Zealand: this definition was inserted, as from 1 October 1989, by section 2(1) Transport Amendment Act 1989 (1989 No 77).
Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
Transport service, transport service licence, and transport service vehicle have the same meanings as in section 2 of the Land Transport Act 1998
Trolley omnibus
[Repealed]
Trolley omnibus: this definition was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Unladen weight or tare weight, in relation to a vehicle, means the weight of the vehicle together with the fuel in its fuel system (if any) and the equipment and accessories thereon that are necessary for its operation for the purpose for which it was designed
Urban transport area
[Repealed]
Urban transport area: this definition was inserted, as from 1 April 1981, by section 42 Urban Transport Act 1980 (1980 No 156).
Urban transport area: this definition was repealed, as from 1 October 1989, by section 2(2) Transport Amendment Act 1989 (1989 No 77).
Use, in relation to a vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on any road; and to use and user have corresponding meanings
Vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Vehicle: this definition was amended by section 2 Transport Amendment Act 1972 (1972 No 129), when section 2 of the Act was completely substituted. Previously a vehicle was simply defined as a contrivance equipped with wheels or revolving runners upon which it moves or is moved. That part of the definition was retained but the specific types of vehicles specified in paras (a) to (i) are excluded from the definition.
Vehicle: paragraph (d) of this definition was amended, as from 1 August 1987, by section 2 Transport Amendment Act 1987 (1987 No 96), by substituting the expression “355 mm”
for the expression “14 inches”
.
Vehicle: paragraph (i) of this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
.
Vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle have the same meanings as in section 2 of the Land Transport Act 1998
Waybill
[Repealed]
Waybill: this definition was substituted, as from 1 November 1983, by section 7(2) Transport Amendment Act 1983 (1983 No 33).
Waybill: this definition was repealed, as from 1 November 1986, by section 22(1)(b) Transport Amendment Act 1983 (1983 No 33).
Weight has the same meaning as it has in section 2(1) of the Land Transport Act 1998
Weight: the two definitions of weight prior to the 1972 amendment were combined into one definition. Weight is defined in relation to a wheel, and in relation to the load.
Weight: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
.
Weight: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
(2) [Repealed]
(3) [Repealed]
Section 2(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) goods service and goods service licence: amended, on 1 October 2007, by section 91(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Goods service: this definition was repealed, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).
Goods service and goods service licence: this definition was inserted, as from 1 November 1989, by section 2(3) Transport Amendment Act 1989 (1989 No 77).
Large passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(4) Transport Amendment Act 1989 (1989 No 77).
Section 2(1) large passenger service vehicle: amended, on 1 October 2007, by section 91(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) passenger service, passenger service licence, and passenger service vehicle: amended, on 1 October 2007, by section 91(4) of the Land Transport Amendment Act 2005 (2005 No 77).
Passenger service and Passenger service vehicle: these definitions were substituted, as from 1 November 1989, by section 2 Transport Amendment Act 1989 (1989 No 77).
Rental service, rental service licence, and rental service vehicle: these definitions were substituted, as from 1 November 1989, by section 2(6) Transport Amendment Act 1989 (1989 No 77) for the definitions rental service, and rental vehicle.
Section 2(1) rental service, rental service licence, and rental service vehicle: amended, on 1 October 2007, by section 91(5) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) small passenger service vehicle: amended, on 1 October 2007, by section 91(6) of the Land Transport Amendment Act 2005 (2005 No 77).
Small passenger service vehicle: this definition was inserted, as from 1 November 1989, by section 2(7) Transport Amendment Act 1989 (1989 No 77).
Section 2(1) Transit: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Transport service, transport service licence, and transport service vehicle: this definition was substituted for the definition of transport licence, as from 1 November 1989, by section 2(8) Transport Amendment Act 1989 (1989 No 77).
Section 2(1) transport service, transport service licence, and transport service vehicle: amended, on 1 October 2007, by section 91(8) of the Land Transport Amendment Act 2005 (2005 No 77).
Vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: this definition was inserted, as from 1 November 1989, by section 2(9) Transport Amendment Act 1989 (1989 No 77).
Section 2(1) vehicle recovery service, vehicle recovery service licence, and vehicle recovery service vehicle: amended, on 1 October 2007, by section 91(9) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2 was substituted, as from 20 October 1972, by section 2(1) Transport Amendment Act 1972 (1972 No 129).
Subsection (2) was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Subsection (3) was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
[Repealed]
Section 3 was repealed, as from 25 November 1968, by section 17 Ministry of Transport Act 1968 (1968 No 39)
[Repealed]
Section 4 was repealed, as from 25 November 1968, by section 17 Ministry of Transport Act 1968 (1968 No 39).
[Repealed]
The expression “Government Superannuation Fund Act 1956”
was substituted for the expression “Superannuation Act 1956”
as from 18 April 1974, pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).
Part 1 (section 5) was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 6, which was in Part 2, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
A new section 6 was inserted, as from 1 August 1987, by section 3 Transport Amendment Act 1987 (1987 No 96).
Section 6 was substituted, as from 1 July 1992, by section 3 Transport Amendment Act (No 2) 1992 (1992 No 67), and new appointment procedures put in place.
Section 6 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) Any local authority may appoint any person to hold the office of parking warden.
(2) Every person who holds the office of parking warden at the commencement of this section is hereby deemed to have been appointed under the authority of subsection (1) of this section.
(3) A parking warden may exercise the functions, duties, and powers of a parking warden conferred or imposed by or under this or any other Act only within the district or region of the local authority that appointed the parking warden.
(4) Every local authority that appoints any person under this section shall be liable for the actions of that person as a parking warden in all respects as if that person were an officer or employee of the local authority (whether or not that is the case) and as if any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority.
(5) [Repealed]
Subsection (3) of the original section 7, which was in Part 2, was repealed, as from 1 July 1966, by section 4(1) Transport Amendment Act (No 2) 1965 (1965 No 128).
Subsection (4) of the original section 7, which was in Part 2, was amended, as from 29 October 1965, by section 4(2) Transport Amendment Act (No 2) 1965 (1965 No 128), by omitting the words “an agricultural tractor”
, and substituting the words “a motor vehicle”
.
Subsection (4A) of the original section 7, which was in Part 2, was inserted, as from by 24 October 1969, by section 6 Transport Amendment Act (No 2) 1969 (1969 No 137).
Subsection (4B) of the original section 7, which was in Part 2, was inserted, as from 2 December 1983, by section 22 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (4C) of the original section 7, which was in Part 2, was inserted, as from 3 April 1985, by section 2(2) Transport Amendment Act (No 2) 1985 (1985 No 76)
Section 7, which was in Part 2, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
A new section 7 was inserted, as from 1 August 1987, by section 3 Transport Amendment Act 1987 (1987 No 96).
Subsection (3) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by inserting the words “or region”
after the word “district”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (5) was repealed, as from 1 November 1987, by section 6(2)(a) Transport Amendment Act 1987 (1987 No 96).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (1) was substituted, and subsection (1A) was inserted, as from 1 April 1985, by section 2(1) Transport Amendment Act 1985 (1985 No 50).
Subsection (2) was substituted, as from 1 July 1967, by section 2(1) of the Transport Amendment Act 1967 (1967 No 1).
Subsection (3) was repealed, as from 1 July 1966, by section 5 Transport Amendment Act (No 2) 1965 (1965 No 128).
Subsections (5) and (6) were repealed, as from 1 April 1985, by section 2(2) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (8) was repealed, as from 29 October 1974, by section 31(2) of the Transport Amendment Act 1974 (1974 No 61).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
In subsection (1) the proviso was added, as from 4 December 1964, by section 3 Transport Amendment Act 1964 (1964 No 126).
Subsection (4) was inserted, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129). This version was substituted before it could come into force.
Subsection (4) was substituted, as from 16 November 1973, by section 8(2) Transport Amendment Act 1973 (1973 No 35).
Subsection (4) was amended, as from 1 April 1980, by section 3(1) of the Transport Amendment Act 1980 (1980 No) by inserting the words “(if any)”
.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (1) was substituted, as from 1 April 1985, by section 3 Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (2) was amended, as from 1 July 1967, by section 2(2) Transport Amendment Act 1967 (1967 No 1), by inserting after the words “prescribed in”
, the words “Part 2 of”
.
Subsection (2) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting the words “and the appropriate accident compensation levy”
. See section 1(4) of that Act.
Subsections (2) and (3) were amended, as from 16 November 1973, by section 8(1) Transport Amendment Act 1973 (1973 No 35) by inserting after “accident compensation levy”
the words “and indemnity surcharge under Part 6A of this Act”
.
Subsections (2) and (3) were amended, as from 1 April 1980, by section 3(1) Transport Amendment Act 1980 (1980 No 96) by inserting the words “(if any)”
.
Subsection (3) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting after “this section”
the words “and the accident compensation levy”
. See section 1(4) of that Act.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 13 was substituted, as from 1 July 1966, by section 6 Transport Amendment Act 1965 (1965 No 128).
Section 13 was substituted, as from 4 April 1985, by section 3(1) Transport Amendment Act (No 2) 1985 (1985 No 76).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Sections 14A to 14C were inserted, as from 4 April 1985, by section 4(1) of the Transport Amendment Act (No 2) 1985.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Paragraph (a) was substituted by paragraphs (a) and (aa), as from 4 April 1985, by section 5 Transport Amendment Act (No 2) 1985 (1985 No 76).
Paragraph (c) was amended, as from 29 October 1974, by section 3 Transport Amendment Act 1974 (1974 No 61) by inserting the word “or”
Paragraphs (d) and (e) were inserted, as from 29 October 1974, by section 3 Transport Amendment Act 1974 (1974 No 61).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (1) was amended, as from 1 April 1981, by section 4(a) Transport Amendment Act 1980 (1980 No 96) by substituting the words “the prescribed amount”
for the words “20 cents”
(as substituted by section 7 of the Decimal Currency Act 1964).
Subsections (2) and (3) were substituted, as from 2 December 1983, by section 23(1) Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (4) was inserted, as from 20 October 1966, by section 4 Transport Amendment Act 1966 (1966 No 107).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (1) was substituted, as from 1 April 1985, by section 4(1) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (2)(d) was amended, as from 4 April 1985, by section 6 Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting the expression “section 76 of this Act”
and substituting the expression “section 356 of the Local Government Act 1974”
.
Subsection (2A) was inserted, as from 1 April 1985, by section 4(2) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (6)(b) was substituted, as from 1 April 1985, by section 4(3) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (7) was amended, as from 1 January 1968, by section 6(1) of the Transport Amendment Act 1968, by inserting the words “The person selling or otherwise disposing of the motor vehicle shall be primarily liable for the payment of that fee.”
Subsection (7) was amended, as from 22 May 1982, by section 2 Transport Amendment Act 1982 (1982 No 4) by omitting the words “A fee of $10”
and substituting the words “The appropriate fee prescribed in Part 3 of Schedule 1 to this Act”
.
Subsection (8A) was inserted, as from 2 December 1983, by section 24 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (9) was repealed, as from 1 April 1985, by section 5(2) of the Transport Amendment Act 1985 (1985 No 50).
Subsection (10) was repealed, as from 1 January 1969, by section 6(2) Transport Amendment Act 1968 (1968 No 148).
Subsection (11) (as amended by section 7 of the Decimal Currency Act 1964) was amended, as from 17 December 1980, by section 5 of the Transport Amendment Act 1980 (1980 No 96) by omitting the words “$20, and, in the case of failure to comply with any such provision, to a further fine not exceeding $20 for every day on which the vehicle has been used while that failure continues”
, and substituting the expression “$500”
.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 18A was inserted, as from 1 April 1985, by section 5(1) Transport Amendment Act 1985 (1985 No 50). See section 1(2) of that Act.
Subsection (1) was amended, as from 4 April 1985, by section 7 Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting paragraph (ba).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (2) was amended, as from 29 October 1965, by section 3(a) Transport Amendment Act 1965 (1965 No 127), by omitting the words “by reason of accident”
.
Subsection (2) was amended, as from 29 October 1965, by section 3(b) Transport Amendment Act 1965 (1965 No 127), by omitting the words “date of the accident”
, and substituting the words “date of destruction of the motor vehicle or of its becoming wholly unfit for further use”
.
Subsection (2) was amended, as from 29 October 1974, by section 4 Transport Amendment Act 1974 (1974 No 61), by omitting the words “National Roads Fund”
and substituting the words “Consolidated Revenue Account”
.
Subsection (2) was amended, as from 1 April 1978, by section 114(5) Public Finance Act 1977 (1977 No 65), by omitting the words “Consolidated Revenue Account”
and substituting the words “Consolidated Account”
.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (3) was inserted, as from 20 October 1972, by section 3 Transport Amendment Act 1972 (1972 No 129).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 22 was substituted, as from 19 November 1971, by section 5(1) Transport Amendment Act 1971 (1971 No 57).
Subsection (4) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by omitting the words “and subject to the provisions of section 81 of this Act”
Subsection (4) was amended, as from 1 April 1974, by section 23 Transport Amendment Act 1972 (1972 No 129) by inserting after “prescribed fee (if any)”
the words “and the appropriate accident compensation levy”
.
Subsection (4) was amended, as from 16 November 1973, by section 8(1) Transport Amendment Act 1973 (1973 No 35), by inserting after the words “accident compensation levy”
, the words “and indemnity surcharge under Part 6A of this Act”
.
Subsection (4) was amended, as from 1 April 1980, by section 3(1) Transport Amendment Act 1980 (1980 No 96), by inserting after the words “indemnity surcharge under Part 6A of this Act”
, the words “(if any)”
.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (1) was amended, as from 29 October 1974, by section 4 Transport Amendment Act 1974 (1974 No 61), by omitting the words “National Roads Fund”
and substituting the words “Consolidated Revenue Account”
.
Subsection (1) was amended, as from 1 April 1978, by section 114(5) Public Finance Act 1977 (1977 No 65), by omitting the words “Consolidated Revenue Account”
and substituting the words “Consolidated Account”
.
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Paragraph (d) was repealed, as from 3 April 1985, by section 4(2) Transport Amendment Act (No 2) 1985 (1985 No 76).
Paragraph (f) was amended, as from 19 November 1971, by section 6(1) Transport Amendment Act 1971 (1971 No 57) by inserting after the word “Prescribing”
the words “or authorising the Secretary to prescribe”
.
Paragraph (h) was inserted, as from 19 November 1971, by section 6(2) Transport Amendment Act 1971 (1971 No 57).
Part 2 (comprising sections 8 to 24), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (2) was substituted, as from 4 December 1964, by section 4 Transport Amendment Act 1964 (1964 No 126).
Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Subsection (3)(b) was amended, as from 3 April 1985, by section 8 of the Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting, after the words “in accordance with”
, the words “or while being tested for”
.
Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (9) was amended, as from 1 February 1965, by section 5 Transport Amendment Act 1964 (1964 No 126), by inserting before “Where”
the words “Unless otherwise provided by regulations under this Act”
.
Subsection (11A) was inserted, as from 20 October 1966, by section 5 Transport Amendment Act 1966 (1966 No 107).
Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Part 3 (comprising sections 25 to 29F), was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 26A was inserted, as from 1 February 1965, by section 6 Transport Amendment Act 1964 (1964 No 126).
The words “Secretary for Transport”
were substituted for the word “Commissioner”
, as from 25 November 1968, pursuant to section 16(2) Ministry of Transport Act 1968 (1968 No 39).
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Subsection (4) was inserted, as from 20 October 1966, by section 6 Transport Amendment Act 1966 (1966 No 107).
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 28A was to be inserted, on a date to be appointed by the Governor-General by Order in Council, by section 7 Transport Amendment Act 1966 (1966 No 107).
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6). This section was repealed without ever having come into force.
[Repealed]
Section 28B was inserted, as from 1 July 1967, by section 8 Transport Amendment Act 1966 (1966 No 107).
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Paragraph (bb) was inserted, as from 29 October 1965, by section 4 Transport Amendment Act 1965 (1965 No 127).
Paragraph (i) was amended, as from 1 July 1967, by section 8(2) Transport Amendment Act 1966 (1966 No 107), by inserting after “may be issued or revoked”
the words “subject to a right of appeal to a Magistrate, whose decision shall be final, against any decision of the Commissioner refusing to issue such a certificate or revoking such a certificate”
.
Part 3, comprising sections 25 to 29, was substituted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29A was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29B was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29C was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (1)(i) was amended, as from 3 April 1985, by section 9 of the Transport Amendment Act (No 2) 1985 (1985 No 76), by inserting after “under”
the words “section 30C or”
.
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29D was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29E was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
[Repealed]
Section 29F was inserted, as from 1 December 1983, by section 3(3) Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (1)(a) was amended, as from 3 April 1985, by section 10(1) Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting, after “such examinations and tests”
, the words “, or, in the case of applicants for renewal of licences who have attained an age specified in the regulations, being not less than the age of 70 years, providing that the applicant shall pass the test if the person conducting the test is satisfied that the driving ability of the applicant is a fit and proper person to hold the licence”
.
Subsection (1)(d) was amended, as from 3 April 1985, by section 10(2) Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting the words “, and prescribing circumstances in which the Secretary may allow persons who do not meet the age requirements to apply for any class of licence which, if granted, shall be subject to such conditions as the Secretary thinks fit”
.
Subsection (1)(ea) was inserted, as from 3 April 1985, by section 10(3) Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (1)(fa) was inserted, as from 3 April 1985, by section 10(4) Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (1)(m) was amended, as from 3 April 1985, by section 10(5) of the Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting “practical, theoretical, or medical”
, and substituting the words “practical or theoretical”
.
Subsection (1)(n) was substituted, as from 3 April 1985, by section 10(6) of the Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (1)(q) was amended, as from 3 April 1985, by section 10(7) of the Transport Amendment Act (No 2) 1985 (1985 No 76) by inserting after “issued”
the words “, held, suspended,”
.
Subsection (1)(ra) was inserted, as from 3 April 1985, by section 10(8) of the Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (2) was inserted, as from 3 April 1985, by section 10(9) of the Transport Amendment Act (No 2) 1985 (1985 No 76).
Part 3, comprising sections 25 to 29F, was repealed, as from 30 April 1986, by section 58(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136). The title of this Part was previously “DISQUALIFICATION OF DRIVERS AND ENDORSEMENT OF DRIVERS' LICENCES”
(1) Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable to a fine not exceeding $1,000, and, if in the opinion of the Court the offence relates to road safety, the Court may order the person to be disqualified from holding or obtaining a driver's licence for such period as the Court thinks fit.
(2) [Repealed]
(3) On conviction of any person for an offence against or in respect of—
(a) Any regulations made under section 243 of the Public Works Act 1981 (which relates to motorways); or
(b) [Repealed]
(c) Any bylaws made under section 72 of this Act,—
the Court may, if in its opinion the offence relates to road safety, order the person to be disqualified from holding or obtaining a driver licence for such period as the Court thinks fit, whether or not the Court imposes any other penalty for the offence.
Section 30 was amended, as from 4 December 1964, by section 9(2) Transport Amendment Act 1964 (1964 No 126) by omitting the words “from the date of the conviction”
.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 30 was substituted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1) was amended, as from 22 June 2005, by section 92 Land Transport Amendment Act 2005 (2005 No 77) by substituting the expression “$1,000”
for the expression “$500”
. See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (2) was repealed, as from 1 November 1989, by section 3 Transport Amendment Act 1989 (1989 No 77).
Subsection (3) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting paragraph (b), by inserting the words “or in respect of”
, and by substituting the words “driver licence”
for the words “driver's licence”
.
Subsection (3)(b) was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
[Repealed]
Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (2A) was inserted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (2A) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the expression “subsections (1) and (2)”
for the expression “subsections (1), (2) and (4)”
.
Subsection (2A)(a) was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Subsection (2B) was inserted, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Subsection (4) was substituted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (7) was amended, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by omitting the expression “or section 67”
.
Subsection (7) was amended, as from 1 April 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “relates”
for the word “relate”
.
Subsection (8) was inserted, as from 1 April 1993, by section 3 Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1A) was inserted, as from 1 April 1993, by section 4(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (2)(a) was inserted, as from 1 April 1993, by section 4(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (2A) was inserted, as from 1 April 1993, by section 4(3) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (4) was amended, as from 1 April 1993, by section 4(4) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression “58(1)(c), (e), or (g)”
for the expression “58(1)(c), (d), or (e)”
.
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 30AA to 30AC were inserted, as from 11 December 1988, by section 3 Transport Amendment Act (No 2) 1988 (1988 No 170).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 30AD was inserted, as from 1 October 1989, by section 4 Transport Amendment Act 1989 (1989 No 77).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsections (1), (2), and (3) were substituted, as from 11 December 1988, by section 4 Transport Amendment (No 2) Act 1988 (1988 No 170)
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1983 (1993 No 88) by substituting the word “Authority”
for the words “Minister of Transport”
.
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30A to 30D were inserted, as from 1 December 1983, by section 6 Transport Amendment Act (No 3) 1983 (1983 No 35).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 31 was substituted, as from 2 February 1971, by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 31 was substituted, as from 3 November 1983, by section 7 Transport Amendment Act (No 3) 1983.
Section 31 was substituted, as from 11 December 1988, by section 5 Transport Amendment Act (No 2) 1988 (1988 No 170).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection 2(a) was amended, as from 1 December 1983, by section 4(4) Transport Amendment Act (No 3) 1983 (1983 No 35) by omitting the words “, whether or not the licence with respect to which the application is made has been issued by that authority”
.
Subsection 2(c) was substituted, as from 18 October 1978, by section 4 Transport Amendment Act (No 3) 1978 (1978 No 46).
The words “District Court”
and “District Court Judge”
were substituted for the words “Magistrate”
and “Magistrates' Court”
respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (2) was substituted, as from 3 April 1985, by section 11 Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (3) was amended, as from 1 December 1983, by section 4(5) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the word “Secretary”
for the words “local authority on behalf of which the tests were conducted”
.
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1A) was inserted, as from 1 April 1993, by section 5 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1A)(b)(i) was amended, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the word “Secretary”
.
Subsection (2) (relating to the first offence of driving while disqualified) was repealed, as from 11 December 1988, by section 3(2) Transport Amendment Act (No 2) 1988 (1988 No 170).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 36 was substituted, as from 4 December 1964, by section 9(1) Transport Amendment Act 1964 (1964 No 126)
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Ministry of Transport”
.
Subsection (2) was substituted, as from 1 December 1983, by section 4(6) Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (3) was repealed, as from 1 December 1983, by section 4(6) Transport Amendment Act (No 3) 1983) (1983 No 35).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was substituted, and subsection (1A) inserted, as from 1 December 1983, by section 9 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (1) was amended, as from 1 August 1987, by section 24(2) Transport Amendment Act 1987 (1987 No 96) by omitting the words “this Part of”
.
Subsection (1) was amended, as from 1 November 1989, by section 5(1) Transport Amendment Act 1989 (1989 No 77) by inserting the words “or subsection (1B)”
.
Subsection (1B) was inserted, as from 1 November 1989, by section 5(2) Transport Amendment Act 1989 (1989 No 77).
Subsection (2) proviso was inserted, as from 29 October 1974, by section 8 Transport Amendment Act 1974 (1974 No 61).
Subsection (2) was substituted, and subsection (2A) inserted, as from 18 October 1978, by section 5(1) Transport Amendment Act (No 3) 1978 (1978 No 46).
Subsection (2) proviso (a)(ii) was amended, as from 1 October 1989, by section 5(3)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the words “subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB”
for the words “subsection (1), subsection (2A), or subsection (3) of section 30”
.
Subsection (2) proviso (b) was substituted, as from 1 August 1987, by section 24(3) Transport Amendment Act 1987 (1987 No 96).
Subsection (2) proviso (b) was amended, as from 1 October 1989, by section 5(3)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the words “subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB”
for the words “subsection (1) or subsection (2A), or subsection (3) of section 30”
.
Subsection (2) proviso (c) was inserted, as from 1 April 1993, by section 6 Transport Amendment Act 1992 (1992 No 108).
Subsection (3) was amended, as from 1 February 1971, by section 5 Transport Amendment Act (No 3) 1978 (1978 No 46) by substituting the words “hardship which was alleged and proved and may specify in the order such other matters as the Court thinks fit”
for the words “undue hardship which was alleged and proved”
.
Subsection (6) was amended, as from 1 December 1986, by section 4(7) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the words “the Secretary”
for the words “any local authority or the Secretary, as the case may require,”
.
Subsection (7) was amended, as from 1 December 1986, by section 4(8) Transport Amendment Act (No 3) 1983 (1983 No 35) by substituting the words “the Secretary”
for the words “the local authority or the Secretary, as the case may be,”
.
Subsection (8) was substituted, as from 1 April 1985, by section 12(2) Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (9) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Ministry of Transport”
.
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was amended, as from 4 December 1964, by section 8(3)(a) Transport Amendment Act 1964 (1964 No 126) by inserting after section 35 the words “or section 35A”
.
Subsection (1A) was inserted, as from 1 December 1983, by section 10 Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (2) was repealed, as from 20 October 1966 by section 10 Transport Amendment Act 1966 (1966 No 107)
Subsection (5) was inserted, as from 1 December 1983, by section 10 Transport Amendment Act (No 3) 1983 (1983 No 35).
The words “District Court”
and “District Court Judge”
were substituted for the words “Magistrates' Court”
and “Magistrate”
respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 39A inserted by section 11 Transport Amendment Act (No 3) 1983 (1983 No 35).
Section 39A was substituted, as from 1 April 1993, by section 7 Transport Amendment Act (No 3) 1992 (1992 No 108). “Any other person”
may now be approved by the Secretary to traffic improvement and/or defensive driving courses.
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 40 was amended, as from 1 December 1983, by section 4(9) Transport Amendment Act (No 3) 1983 by omitting the words “and to the local authority by which the licence (if any) of the defendant was issued”
.
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was amended, as from 18 October 1978, by section 6 Transport Amendment Act (No 3) 1978 (1978 No 46) by inserting the words “conviction or”
.
Subsection (5) was amended, as from 1 December 1983, by section 4(10) Transport Amendment Act (No 3) 1983 (1983 No 35) by omitting the words “and also to the local authority by which the licence (if any) of the defendant was issued”
.
The words “District Court”
were substituted for the words “Magistrates' Court”
as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
The words “High Court”
were substituted for the words “Supreme Court”
as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Sections 30AA to 41 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) In this section,—
Stationary vehicle offence means—
(a) Parking in any portion of a road in breach of any Act or regulation, or of any bylaw made under the authority of section 72 of this Act:
(b) An offence against any of the following enactments:
(i) [Repealed]
(ii) [Repealed]
(iii) [Repealed]
(iv) [Repealed]
(v) Section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (which relates to using or permitting to be used on a road a vehicle that is not licensed and registered):
(vi) Section 17 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (which relates to using or permitting to be used on a road a motor vehicle that has unauthorised, deceptive, or obscured registration plates or an unauthorised licence):
(vii) section 34(1)(b) of the Land Transport Act 1998 (which relates to operating a vehicle without current evidence of vehicle inspection or a certificate of loading):
(c) Any offence against any regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 that is declared by such regulations to be a stationary vehicle offence for the purposes of this definition:
Subsection (1) stationary vehicle offence: paragraph (b)(i) to (iv) were repealed, as from 1 September 1997, by section 3(1) Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 1997 (SR 1997/142).
Subsection (1) stationary vehicle offence: paragraph (b)(vii) was inserted, as from 22 June 2005, by section 91(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
Subsection (1) stationary vehicle offence: paragraph (c) was inserted, as from 1 September 1997, by section 3(2) Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 1997 (SR 1997/142).
Proceedings means proceedings under the Summary Proceedings Act 1957, and includes the issue of an infringement notice under section 42A of this Act.
(2) Proceedings for a stationary vehicle offence may be taken against any one or more of the following persons:
(a) The person who allegedly committed the offence:
(b) Any person who, at the time of the alleged offence, was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:
(c) Any person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not)—
whether or not (in the case of a person referred to in paragraph (b) or paragraph (c) of this subsection) the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed.
(3) Subject to subsection (5) of this section, in any proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) of this section it shall be conclusively presumed that—
(a) The person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and accordingly
(b) The acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.
(4) It shall be a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.
(5) It shall be a defence to proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) of this section if—
(a) The person proves that, at the time the alleged offence was committed—
(i) He or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or severally); or
(ii) Another person was unlawfully in charge of the vehicle; and
(b) Forthwith after becoming aware of the alleged offence he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
(c) He or she has done everything reasonably possible on his or her part to comply with all requests of the enforcement authority to supply to the authority enforcement information regarding the person lawfully entitled to possession, or who was in charge, of the vehicle at the time of the alleged offence.
(6) In the case of any stationary vehicle offence, any defence available under subsection (4) or subsection (5) of this section is in addition to and not in substitution for any defences available under the enactment creating the offence.
(7) This section shall have effect notwithstanding anything to the contrary in any Act or rule of law.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 41A and 41B were inserted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (5)(c) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by inserting the word “enforcement”
.
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 41A and 41B were inserted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).
Section 41B was substituted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 41B and 42 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Subsection (1) was amended, as from 4 December 1964, by section 8(3)(b) Transport Amendment Act 1964 (1964 No 126) by inserting after “section 35”
the words “or section 35A”
.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 42 was substituted, as from 1 April 1993, by section 8 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “proof”
for the word “evidence”
.
Subsection (1A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 41B and 42 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) In this Act, the term infringement offence means a stationary vehicle offence.
(2) For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under paragraph (e) or paragraph (g) of section 9(1) of the Airport Authorities Act 1966, the expression officer includes officers appointed by an airport authority.
(2A) For the purposes of any proceedings in respect of an infringement offence that is an offence against the Transport Services Licensing Act 1989 specified in Part 6 of Schedule 2 to this Act, the expressions traffic officer and officer include enforcement officers within the meaning of that Act.
(3) Where a constable or traffic officer has reason to believe that the user of a vehicle has committed an infringement offence,—
(a) The user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957 (except where the offence is an overloading offence); or
(b) The constable or traffic officer may issue an infringement notice in respect of the alleged offence.
(4) Where a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 68BA of this Act,—
(a) The user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or
(b) The parking warden may issue an infringement notice in respect of the alleged offence.
(5) Any sworn or non-sworn member of the Police or any officer (not necessarily the constable, traffic officer, parking warden, or officer who issued the infringement notice) may do any one or more of the following things:
(a) Attach an infringement notice, or a copy thereof, to the vehicle to which the notice relates:
(b) Deliver an infringement notice, or a copy thereof, personally to a person:
(c) Send an infringement notice, or a copy thereof, to a person by post addressed to the person at the person's last known place of residence or business.
(6) For the purposes of the Summary Proceedings Act 1957—
(a) Where an infringement notice, or a copy thereof, is attached to the vehicle to which the notice relates pursuant to subsection (5)(a) of this section, the notice or copy shall be deemed to have been served on every person liable in respect of the alleged offence and to have been served when the notice or copy was attached to the vehicle:
(b) Where an infringement notice, or a copy thereof, is sent to a person by post addressed to the person at the person's last known place of residence or business pursuant to subsection (5)(c) of this section, the notice or copy shall be deemed to have been served on the person when it was so posted.
(7) An infringement notice may be in the same form as an infringement notice under section 139(4) of the Land Transport Act 1998, so long as the associated reminder notice contains the details set out in section 140 of that Act; and those sections 139 and 140 apply with any necessary modifications for the purposes of this subsection.
(8) Different forms of infringement notices may be prescribed in respect of different kinds of infringement offences.
(8A) The infringement fee payable for a stationary vehicle offence is the infringement fee specified in Schedule 2 for the offence that constitutes the stationary vehicle offence.
(9) Where an infringement fee is paid to an enforcement authority that is a local authority or an airport authority, the authority shall send to the Commissioner such particulars of the infringement and of the payment as the Commissioner requires.
(10) Where the infringement fee for an infringement offence for which an infringement notice has been issued is paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice in respect of the offence pursuant to section 21 of the Summary Proceedings Act 1957, sections 44 to 51 of this Act shall apply as if—
(a) The date on which the infringement notice was issued is the date on which the offence was committed; and
(b) A summary conviction in respect of the offence had been entered against the offender on the date of the payment of the infringement fee.
(11) In any proceedings against any person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Authority or a member of the Police to the effect that the employee or member has checked the information stored in relation to driver history on such computer system as is for the time being maintained by any Government agency, (being the Police or the Authority or the Department for Courts) for the purposes of storing law enforcement information, and—
(a) Has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or
(b) Has found a record to the effect that a Court has made an order in respect of an infringement offence or a minor offence—
shall, in the absence of evidence to the contrary and if a printout of the record is annexed to the certificate, be sufficient evidence of the matters contained in the certificate.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 42A was inserted, as from 29 October 1974, by section 10 Transport Amendment Act 1974 (1974 No 61)
Section 42A was substituted, as from 1 November 1987, by section 6 Transport Amendment Act 1987 (1987 No 96).
Section 42A was substituted, as from 1 November 1987, by section 17 Summary Proceedings Amendment Act 1987 (1987 No 165).
The previous subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by inserting the words “, a stationary vehicle offence, and a moving vehicle offence”
.
Subsection (1) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Subsection (2) was amended, as from 1 July 1992, by section 4(1)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “expression officer includes officers”
for the words “expressions traffic officer and officer includes traffic officers respectively”
.
Subsection (2A) was inserted, as from 1 October 1989, by section 6 Transport Amendment Act 1989 (1989 No 77).
Subsection (3) was amended, as from 1 July 1992, by section 4(1)(b) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “constable or”
before the words “traffic officer”
in both places where they occur.
Subsection (5) was amended, as from 1 July 1992, by section 4(1)(c) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “sworn or non-sworn member of the Police or any”
before the word “officer”
where it first occurs.
Subsection (5) was amended, as from 1 July 1992, by section 4(1)(d) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the word “constable”
before the words “traffic officer”
.
Paragraph (h) of the previous subsection (7) was substituted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (7) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Subsection (8A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Subsection (8A) was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).
Subsection (9) was amended, as from 1 July 1992, by section 4(2)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “that is a local authority or an airport authority”
for the words “other than the Department”
.
Subsection (10) was substituted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (11) was inserted, as from 1 April 1993, by section 9 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (11) was amended, as from 1 July 1993, by section 129(1) Privacy Act 1993 (1993 No 28) by substituting the words “such computer system as is for the time being maintained by any Government agency, (being the Police or the Department or the Department of Justice) for the purposes of storing law enforcement information”
for the words “the Wanganui computer system”
.
Subsection (11) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “the Police or the Authority”
for the words “the Police or the Department”
.
Subsection (11) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Department for Courts”
for the words “Department of Justice”
.
Subsection (11) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “employee of the Authority”
and “employee”
for the words “officer of the Authority”
and “officer”
respectively.
(1) Subject to subsection (3) of this section, all infringement fees received under section 42A by an enforcement authority or recovered under the Summary Proceedings Act 1957 shall be paid into the Crown Bank Account; except that the enforcement authority may retain such portion of the fees so received as the Minister of Finance from time to time approves as being the expenses incidental to their collection.
(2) [Repealed]
(3) A local authority that is an enforcement authority shall be entitled to retain—
(a) All infringement fees received by it in respect of offences involving—
(i) Parking in breach of a bylaw of the local authority in any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the local authority; or
(ii) Parking in any other portion of a road in breach of a bylaw of the local authority prohibiting parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by that authority; and
(b) All towage fees received by it; and
(c) Such portion of all other infringement fees received by it as the Minister of Finance from time to time approves.
(4) The Commissioner shall from time to time, out of money appropriated by Parliament for the purpose, pay to a local authority such portion as the Minister of Finance from time to time approves, of the infringement fees (other than towage fees) received by the Commissioner in respect of other offences that involve breaches of the local authority's bylaws (not being offences that are also offences against an Act or regulation).
(5) For the purposes of subsections (3)(c) and (4) of this section, the Minister of Finance may approve different portions for different local authorities or enforcement authorities and different categories of infringement offences.
(6) For the purposes of this section the expression local authority includes an airport authority.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) proviso was substituted, as from 13 December 1979, section 2 Transport Amendment Act (No 2) 1979 (1979 No 120).
Section 43 was substituted, as from 17 December 1980, by section 7 Transport Amendment Act 1980 (1980 No 96).
Section 43 was substituted, as from 1 November 1987, by section 6 Transport Amendment Act 1987 (1987 No 96).
Subsection (1) was substituted, as from 1 October 1989, by 7 Transport Amendment Act 1989 (1989 No 77).
Subsection (1) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by omitting the words “or section 69C of this Act”
.
Subsection (2) was repealed, as from 1 October 1989 by section 7(1) Transport Amendment Act 1989 (1989 No 77).
Subsection 3(a) was repealed, as from 3 April 1985, by section 13 Transport Amendment Act (No 2) 1985.
Subsection (4) was amended, as from 1 July 1992, by section 5 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word “Commissioner”
for the word “Department”
.
Subsection (5) was amended, as from 1 October 1989, by section 7 Transport Amendment Act 1989 (1989 No 77) by omitting the expression “(2)”
.
(1) Where, in proceedings in respect of a parking offence,—
(a) The defendant is found guilty of, or pleads guilty to, the offence; and
(b) The Court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement under section 68B(1)(c) or section 68BA(2)(b) of this Act of the vehicle involved in the offence (whether or not the vehicle was in fact moved),
the Court shall order the defendant to pay, in addition to the fine (if any) and the costs (if any) ordered by the Court, the amount of the appropriate towage fee.
(2) Where, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 or the provision of particulars of a reminder notice under section 21 of that Act), the defendant is ordered to pay an amount in respect of a towage fee, the amount of the fee recovered shall be paid to the enforcement authority that incurred the towage expenses.
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 43A was inserted, as from 1 November 1987, by section 17 Summary Proceedings Amendment Act 1987 (1987 No 165).
Subsection (2) was amended, as from 1 March 2007, by section 38 Summary Proceedings Amendment Act 2006 (2006 No 13) by inserting “or the provision of particulars of a reminder notice under section 21 of that Act”
after “filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957”
.
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was substituted, as from 1 April 1993, by section 10 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “detected by approved vehicle surveillance equipment”
for the words “to which section 41B of this Act applies”
.
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Subsection (4) was inserted, as from 1 April 1993, by section 10 Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 46 was substituted, as from 1 March 1993, by section 11(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Section 47 was substituted, as from 3 November 1983, by section 13(1) Transport Amendment Act (No 3) 1983 (1983 No 35)
Section 47 was substituted, as from 1 March 1993, by section 11(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (1) was substituted, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (3) was substituted, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (4) was amended, as from 1 March 1993, by section 12(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the words “The Secretary”
for the words “The local authority, or, in the case of a licence issued by the Secretary, the Secretary,”
.
The word “Director”
was substituted for the word “Secretary”
, as from 20 August 1993, pursuant to section 35(1) Land Transport Act 1993 (1993 No 88).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
The words “District Court Judge”
and “District Court”
were substituted for the words “Magistrate”
and “Magistrates' Court”
respectively, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Part 4, comprising sections 30 to 51, was substituted, as from 1 February 1971 (excepting sections 42 and 43 which came into force on 1 July 1971), by section 2 Transport Amendment Act 1970 (1970 No 136).
Subsection (2A) was inserted, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Subsection (3)(a)(i) was amended, as from 1 October 1989, by section 10(1)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “subsections (1) to (4) of section 30AA or subsection (1) or subsection (2) of section 30AB”
for the expression “subsection (1) or subsection (2) or subsection (3) of section 30”
.
Subsection (3)(a)(ii) was amended, as from 1 October 1989, by section 10(1)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “section 30AA(4) or section 30AC of this Act”
for the expression “subsection (2) of that section”
.
Subsection 3(b) was amended, as from 1 March 1993, by section 13 Transport Amendment Act (No 3) 1992 (1992 No 108), by substituting the expression “50”
for the expression “40”
.
Sections 44 to 51 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 52 was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment 1979 (1979 No 59).
Subsection (1)(a) was substituted, as from 1 November 1989, by section 8(1) Transport Amendment Act 1989 (1989 No 77).
Subsection (1)(a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “Local Government Act 2002”
for the words “Local Government Act 1974”
. See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (1)(b) was repealed, as from 1 November 1989, by section 8(1) Transport Amendment Act 1989 (1989 No 77).
Subsection (1)(c) was substituted, as from 1 August 1987, by section 7 Transport Amendment Act 1987 (1987 No 96).
Subsection (6) was inserted, as from 16 December 1983, by section 16(2) Public Works Amendment Act 1983 (1983 No 150).
Section 52 and 52A were substituted, as from 5 April 2004, by section 4 Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).
Paragraph (a) was amended by section 215(a) Land Transport Act 1998 (1998 No 110) by substituting the words “the Land Transport Act 1998”
for the words “Part 2 of the Land Transport Act 1993”
.
Section 52 was repealed, as from 27 February 2005, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order 2004 (SR 2004/452).
(1) All speed limits fixed by any Act, regulation, bylaw, or notice in the Gazette before the date on which section 4 of the Transport Amendment Act 1997 comes into force continue to have effect in relation to any road or locality to which they applied before that date until superseded in respect of that road or locality by a speed limit fixed on or after that date by—
(a) A controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993; or
(b) The Agency under any such rule; or
(c) A Minister of the Crown by bylaw made under section 72(1)(j) of this Act.
Section 52A was inserted, as from 1 October 1989, by section 9(1) Transport Amendment Act 1989 (1989 No 77).
Sections 52 and 52A were substituted, as from 5 April 2004, by section 4 Transport Amendment Act 1997 (1997 No 3). See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).
Section 52A(1)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
[Repealed]
Section 53 was amended, as from 5 April 2004, by section 5(1) Transport Amendment Act 1997 (1997 No 3) by inserting the words “rule or”
before the word “bylaw”
. See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).
Paragraph (c) was amended, as from 30 April 1997, by section 5(2) Transport Amendment Act 1997 (1997 No 3) by inserting the words “or other emergencies”
.
Section 53 was repealed, as from 22 June 2005, by section 91(11) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.
[Repealed]
Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Subsection (2) was substituted, as from 1 December 1978, by section 8(2) Transport Amendment Act (No 3) 1978 (1978 No 46).
Subsection (2)(b) was amended, as from 11 December 1988, by section 6 Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression “400 micrograms”
for the expression “500 micrograms”
.
Subsection (2)(b) was amended, as from 1 October 1989, by section 10(2)(a) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression “58B”
for the expression “58A”
.
Subsection (2)(c) was amended, as from 1 October 1989, by section 10(2)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “58C”
for the expression “58B”
.
Subsection (3) was repealed, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136).
Subsection (5) was substituted, as from 1 December 1978, by section 8(3) Transport Amendment Act (No 3) 1978 (1978 No 46).
Subsection (5) was amended, as from 1 October 1989, by section 10(3)(a) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “58B”
for the expression “58A”
.
Subsection (5) was amended, as from 1 October 1989, by section 10(3)(b) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “58C”
for the expression “58B”
.
Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Subsection (1) was amended, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136) by omitting the words “and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200”
.
Subsection (1A) was inserted, as from 29 October 1974, by section 13 Transport Amendment Act 1974 (1974 No 61).
Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 57 was amended, as from 1 February 1971, by section 3(1) Transport Amendment Act 1970 (1970 No 136) by omitting the words “and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred dollars”
.
Sections 54, 55, 56, and 57 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
The heading “Breath-alcohol and blood-alcohol offences”
were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
[Repealed]
Section 57A was inserted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Accompany: inserted, as from 1 August 1987, by section 8(1) Transport Amendment Act 1987 (1987 No 96) and re-enacted by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Apparently unlicensed driver: repealed, as from 1 April 1993, by section 14(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Approved health authority: this definition was substituted for the previous definition of Approved Area Health Board or approved Hospital Board, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Approved hospital board repealed, as from 3 April 1985, by section 14(1) Transport Amendment Act (No 2) 1985 (1985 No 76)
Approved laboratory: inserted, as from 1 July 1992, by section 2(1) Transport Amendment Act 1992 (1992 No 48).
Area health board: inserted by section 12 Transport Amendment Act (No 2) 1985 (1985 No 76) and re-enacted by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). It should be noted that the 1983 Act referred to specifically provides that an Area Health Board is not a Hospital Board.
Authorised person: Definition inserted by section 12 Transport Amendment Act (No 2) 1985 (1985 No 76).
Authorised person: this definition was substituted, as from 3 April 1985, by section 14 Transport Amendment Act (No 2) 1985 (1985 No 76)
Authorised person: this definition was substituted, as from 1 November 1987, by section 8(2) Transport Amendment Act 1987 (1987 No 96)
Authorised person: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Blood specimen: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Blood specimen collecting kit: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Blood specimen collecting kit: this definition was substituted, as from 1 July 1992, by section 2(2) Transport Amendment Act 1992 (1992 No 48).
Blood test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Breath screening device: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Breath screening test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Conclusive evidential breath-testing device: this definition was inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Drink: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Evidential breath test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Evidential breath-testing device: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Hospital and hospital board: this definition was inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170) and consolidates two previous definitions.
Ministry analyst: this definition was substituted, as from 1 July 1992, by section 2(2) Transport Amendment Act 1992 (1992 No 48).
Passive breath-testing device: inserted, as from 14 December 1992, by section 14(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Positive evidential breath test: this definition was substituted, as from 1 November 1987, by section 8(3) Transport Amendment Act 1987 (1987 No 96).
Positive evidential breath test: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). The level of alcohol permitted in the breath of any driver was reduced from 500 to 400 micrograms per litre of breath.
Positive evidential breath test: this definition was substituted, as from 1 April 1993, by section 14(3) Transport Amendment Act (No 3) 1992 (1992 No 108).
Private analyst: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). The right to have a blood specimen sent to a private analyst is given by section 58F(5).
Registered medical practitioner: this definition was substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Registered medical practitioner: this definition was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).
Registered nurse: this definition was inserted, as from 3 April 1985, by section 14(2) Transport Amendment Act (No 2) 1985 (1985 No 76).
Registered nurse: repealed, as from 11 December 1988, by section 7 Transport Amendment (No 2) 1987 (1987 No 170).
Science Minister: this definition was inserted, as from 1 July 1992, by section 2(3) Transport Amendment Act 1992 (1992 No 48).
Subsection (2) was repealed, as from 1 April 1993, by section 14(4) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (3) was amended, as from 1 July 1992, by section 2(4) Transport Amendment Act 1992 (1992 No 48), by inserting the words “or the Science Minister”
.
Subsection (4A) was inserted, as from 1 July 1992, by section 2(5) Transport Amendment Act 1992 (1992 No 48).
Subsections (5) and (6) were inserted, as from 21 December 1990, by section 2 Transport Amendment Act (No 2) 1990 (1990 No 135). See also sections 3 and 4 of that Act for the effect on the Transport (Breath Tests) Notice (No 2) 1989.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
This Act is to be repealed, as from 1 July 2009, by section 214(3) Land Transport Act 1998 (1998 No 110). See section 87 Land Transport Amendment Act 2005 (2005 No 77) extending the repeal date of this Act from 1 July 2005 to 1 July 2009.
Section 58 was substituted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136)
Section 58 was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)
Subsection (1) was substituted, as from 1 August 1987, by section 9 Transport Amendment Act 1987 (1987 No 96)
Subsections (5) and (6) were inserted, as from 2 December 1983, by section 15 Transport Amendment Act (No 3) 1983 (1983 No 35).
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1)(b) repealed, as from 1 April 1993, by section 15(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1)(d) repealed, as from 1 April 1993, by section 15(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1)(f) and (g) and the immediately preceding word “or”
were inserted, as from 1 April 1993, by section 15(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (4)(a)(ii) was substituted, as from 1 April 1993, by section 15(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (6) was amended, as from 1 April 1993, by section 15(4) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression “paragraph (g)”
for the expression “paragraph (d)”
.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 58A was inserted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136)
Section 58A was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)
Sections 57A to 58F and the preceding heading were substituted, and sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1) was substituted, as from 1 April 1993, by section 16(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsections (5) and (6) were inserted, as from 14 December 1992, by section 16(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 58B was inserted, as from 1 February 1971, by section 5 Transport Amendment Act 1970 (1970 No 136).
Section 58B was substituted, as from 1 December 1978, by section 7 Transport Amendment Act 1978 (1978 No 46)
Subsection (1)(d) was amended, as from 19 September 1979, by section 3(1) Transport Amendment Act 1979 (1979 No 17), by inserting after “requirement under section 58A of this Act”
the words “(whether or not at the time the requirement was made it was likely that the person could undergo an evidential breath test at that place)”
.
Subsection (1A) was inserted, as from 19 September 1979, by section 3(2) Transport Amendment Act 1979 (1979 No 17).
Subsection (9A) was inserted, as from by 2 December 1983, by section 17 Transport Amendment Act 1983 (1983 No 35).
Subsection (12) was amended, as from 4 April 1985, by section 14(4) Transport Amendment Act (No 2) 1985 (1985 No 76) by omitting the words “in any hospital”
.
Subsection (13) was inserted, as from 19 September 1979, by section 3(3) Transport Amendment Act 1979 (1979 No 17).
Sections 57A to 58F and the preceding heading were substituted, and sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170). That Act divided the previous section on breath tests into breath screening tests and evidential breath tests.
Subsection (1)(aa) was inserted, as from 1 April 1993, by section 17(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Section (1)(b) was repealed, as from 1 April 1993, by section 17 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1A) was inserted, as from 1 April 1993, by section 17(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1)(d)(i) was amended, as from 1 April 1993, by section 18 Transport Amendment Act (No 3) 1992 (1992 No 108), by substituting the words “drink or a drug, or both”
for the words “a drug or of a drink and a drug”
. Subsection (1)(d)(i) was amended so that a blood test can be required where a registered medical practitioner believes that a person is under the influence of drink, or drugs, or both.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 57A to 58F were substituted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Section 58F was amended, as from 1 July 1992, by section 7 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word “Commissioner”
for the words “Secretary”
or “Secretary for Transport”
wherever they appeared.
Subsections (3) and (4A) were amended, as from 1 April 1993, by section 19 Transport Amendment Act (No 3) 1992 (1992 No 108), by omitting the word “personally”
after the word “delivered”
.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1)(c)(iii) was amended, as from 1 July 1992, by section 8 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word “Commissioner”
for the words “Secretary for Transport”
.
Subsection (1)(d)(i) was substituted, as from 1 April 1993, by section 20(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (5) was substituted, as from 1 April 1993, by section 20(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (5) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Ministry of Transport”
.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subparagraph (4)(c)(i) was amended, as from 1 April 1993, by section 21(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression “section 58(1)(g)”
for the expression “58(1)(d)”
.
Subsection (5) was inserted, as from 1 April 1993, by section 21 Transport Amendment Act (No 3) 1992 (1992 No 108), to cover the situation where a blood specimen may have been destroyed.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Section 58I was amended, as from 1 April 1993, by section 22 Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the expression “paragraphs (a), (b), (c), (d), (f), and (g)”
for the expression “paragraphs (a) to (d)”
.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 58G to 58J were inserted, as from 11 December 1988, by section 7 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (1) was amended, as from 1 April 1993, by section 23(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words “and any such registered medical practitioner or authorised person may, with the consent of any person from whom such a blood specimen may be taken under this subsection, take for such purposes a specimen of breath, saliva, urine, or eye vapour from that person”
.
Subsection (3) was amended, as from 1 April 1993, by section 23(2) Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words “, breath, saliva, urine, or eye vapour”
.
Sections 57A to 58J were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Paragraph (a) was amended, as from 1 December 1978, by section 8(4) Transport Amendment Act (No 3) 1978 by inserting the words “or both”
.
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59A to 59F were inserted, as from 1 May 1969, by section 13 Transport Amendment Act 1968 (1968 No 148),
Sections 59A to 59F were repealed, as from 1 February 1971, by section 6(1)(a) Transport Amendment Act 1970 (1970 No 136).
[Repealed]
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 61 was substituted as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120).
Section 61 was amended, as from 11 December 1988, by section 8 Transport Amendment Act 1988 (1988 No 170) by substituting the expression “58B, 58C, and 58E”
for the expression “or 58C”
.
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 62 replaced section 44 Transport Act 1949, as amended by sections 6(4) and 8(2) Transport Amendment Act 1953. A reference to section 58(1)(c) was inserted by section 8(5) Transport Amendment Act (No 3) 1978 (1978 No 46).
Section 62 was amended, as from 1 August 1987, by section 14 Transport Amendment Act 1987 (1987 No 96) by substituting the expression “section 55(2) or section 58(i)(e)”
for the expression “subsection (2) of section 55, section 58(1)(c)”
.
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 62A was inserted, as from 20 October 1966, by section 12 Transport Amendment Act 1966 (1966 No 107).
Section 62A was repealed, as from 1 May 1969, by section 14(a) Transport Amendment Act 1968 (1968 No 148).
Section 62A was inserted, as from 1 August 1987, by section 15 Transport Amendment Act 1987 (1987 No 96).
Section 62A was amended, as from 1 July 1992, by section 9 Transport Amendment Act (No 2) (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 62B was inserted, as from 1 August 1987, by section 15 Transport Amendment Act 1987 (1987 No 96).
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 63 was substituted, as from 1 August 1987, by section 16(1) Transport Amendment Act 1987 (1987 No 96).
Subsection (1A) was inserted, as from 11 December 1988, by section 9 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (2) was amended, as from 1 July 1992, by section 10 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Subsection (3) was substituted, as from 11 December 1988, by section 9 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (3) was amended, as from 1 April 1993, by section 24 Transport Amendment Act (No 3) 1992 (1992 No 108) by substituting the words “a person apparently under 20 years of age”
for the words “an apparently unlicensed driver or the holder of a learner licence or a restricted licence for the relevant vehicle”
.
Sections 59 to 63 were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Subsection (1)(aa) was inserted, as from 4 December 1964, by section 11 Transport Amendment Act 1964 (1964 No 126).
Subsection (1)(aa) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by inserting the words “or on behalf of”
.
Subsection (1)(c) was inserted, as from 3 April 1985, by section 15 Transport Amendment Act (No 2) 1985 (1985 No 76).
Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
.
Subsection (4) was repealed by section 2(2)(b), 1972 No 129.
Subsection (5) was amended by substituting the expression “section 54 of the New Zealand Railways Corporation Act 1981”
, which is the corresponding enactment in force, for section 64 of the repealed Government Railways Act 1949.
Subsection (5) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “section 4 of the Railway Safety and Corridor Management Act 1992”
for the words “section 54 of the New Zealand Railways Corporation Act 1981”
.
Section 64 was repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Subsection (1) proviso was inserted, as from 29 October 1974, by section 18(1) Transport Amendment Act 1974 (1974 No 61).
Subsection (3) was amended, as from 1 October 1989 by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “section 30AA”
for the expression “section 30”
.
Subsection (3) was amended, as from 1 July 1992, by section 11(1)(a) Transport Amendment Act 1992 (1992 No 67) by omitting the words “or to the nearest office of the Road Transport Division of the Department”
.
Subsection (3) was amended, as from 1 July 1992, by section 11(1)(b) Transport Amendment Act 1992 (1992 No 67) by inserting the words “who is a non-sworn member of the Police”
.
Subsection (3A) was inserted, as from 29 October 1974, by section 18(3) Transport Amendment Act 1974 (1974 No 61)
Subsection (3A) was substituted, as from 1 July 1992, by section 11(2) Transport Amendment Act 1992 (1992 No 67).
Subsection (4) was amended by section 3(1), 1970 No 136 by substituting the words “to the penalties of this Act”
for the words “on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine not exceeding $1,000”
.
Subsection (4) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “section 30AA”
for the expression “section 30”
.
Subsection (5) was substituted, as from 29 October 1974, by section 18(4) Transport Amendment Act 1974 (1974 No 61).
Subsection (5) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “section 30AA”
for the expression “section 30”
.
Section 65 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 66 was substituted, as from 24 October 1969, by section 10 Transport Amendment Act (No 2) 1969 (1969 No 137).
Section 66 was substituted, as from 2 December 1970, by section 7 Transport Amendment Act 1970 (1970 No 136).
Section 66 was substituted, as from 11 December 1988, by section 10 Transport Amendment Act 1988 (1988 No 170).
Subsection (1)(a) was amended, as from 1 July 1992, by section 12(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by omitting the words “cap, hat or helmet identifying the officer as a traffic officer”
, and substituting the words “distinctive cap, hat, or helmet, with a badge of authority affixed thereto”
.
Subsection (1)(a) was substituted, as from 1 April 1993, by section 25 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (2)(b) was amended, as from 1 April 1993, by section 25 Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words “and date of birth, or any of those particulars”
.
Subsection (2)(b)(i) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “and date of birth, or such of those particulars as the constable or traffic officer may specify”
for the words “and date of birth, or any of those particulars”
.
Subsection (4) was amended, as from 1 October 1989, by section 10(4) Transport Amendment Act 1989 (1989 No 77) by substituting the expression “section 30AA”
for the expression “section 30”
.
Subsection (5) was amended, as from 1 July 1992, by section 12(2) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Section 66 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 66A was inserted, as from 20 December 1989, by section 2 Transport Amendment Act (No 2) 1989 (1989 No 158).
Subsection (1) was amended, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Subsection (2)(a) was amended, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “as a constable or traffic officer”
.
Subsection (4) was substituted, as from 1 July 1992, by section 13(1) Transport Amendment Act (No 2) 1992 (1992 No 67).
Section 66A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) On being informed of any offence alleged to have been committed by a driver of a motor vehicle while in charge thereof (whether the offence is an offence against this Act or any other enactment or any bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the driver.
(2) On being informed of any offence alleged to have been committed by a passenger in or through the use of a motor vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence (whether the offence is one against this Act or any other enactment or bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner and the driver of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the passenger.
(3) Every person commits an offence who—
(b) Gives any information in response to a request made under either of these subsections knowing that the information is false or misleading.
(4) Every person who commits an offence against subsection (3) of this section is liable on conviction to a fine not exceeding $2,000.
Subsection 67 was substituted, as from 19 November 1971, by section 11(1) Transport Amendment Act 1971 (1971 No 57). Subsection (1) still follows substantially the original section 67. The time limit of 14 days was introduced in 1970.
Subsections (1) and (2) amended, as from 1 August 1987, by section 18 Transport Amendment Act 1987 (1987 No 96) by inserting the words “or parking warden”
.
Subsection (3) was inserted, as from 11 December 1988, by section 11 Transport Amendment Act (No 2) 1988 (1988 No 170).
Subsection (4) was inserted, as from 1 April 1993, by section 26 Transport Amendment Act (No 3) 1992 (1992 No 108).
[Repealed]
Section 68 was substituted, as from 1 December 1983, by section 18(1) Transport Amendment Act (No 3) 1983 (1983 No 35).
Sections 68 and 68A were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 68A was inserted, as from 20 October 1966, by section 14 Transport Amendment Act 1966 (1966 No 107).
Subsection (2) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Secretary for Transport”
.
Subsection (3) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Department”
.
Subsection (4) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Secretary for Transport”
.
Subsections (7) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the words “Secretary for Transport”
.
Subsection (8) was repealed, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).
Subsection (9) proviso amended, as from 30 April 1986, by section 53 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6) by substituting the words “section 38(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”
for the words “subsection (2) of section 25 of this Act, and nothing in the proviso to that subsection shall apply”
.
Subsection (10) was inserted, as from 1 August 1987, by section 19 Transport Amendment Act 1987 (1987 No 96).
Sections 68 and 68A were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).
Subsection (1) was amended, as from 16 December 1983, by section 16(3) Public Works Amendment Act 1983 by inserting the words “, and section 148 of the Public Works Act 1981 and any regulations in force under section 243(1)(a) of that Act,”
.
Subsection (1)(a) was substituted, as from 1 August 1987, by section 20(1) Transport Amendment Act 1987 (1987 No 96).
Subsection (1)(a) was amended, as from 1 April 1993, by section 27 Transport Amendment Act (No 3) 1992 (1992 No 108) by inserting the words “and date of birth, or any of those particulars,”
.
Subsection (1)(c) was substituted, as from 17 December 1980, by section 9(1) Transport Amendment Act 1980 (1980 No 96).
Subsection 1(c)(ii) was amended, as from 1 August 1987, by section 20(3) Transport Amendment Act 1987 (1987 No 96) by substituting the words “where it does not constitute a traffic hazard”
for the words “of safety”
.
Subsection (1) was amended, as from 1 July 1992, by section 14(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “, and the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and any regulations or notices in force under that Act”
.
Subsection (1A) was inserted, as from 20 October 1972, by section 9(1) Transport Amendment Act 1972 (1972 No 129).
Subsections (1B) and (1C) were inserted, as from 1 August 1987, by section 20(2) Transport Amendment Act 1987 (1987 No 96).
Subsection (1C) was amended, as from 1 July 1992, by section 14(2) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Subsection (2A) was inserted, as from 20 October 1972, by section 9(2) Transport Amendment Act 1972 (1972 No 129).
Subsection (2A) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “a person”
for the words “an officer of the Department”
.
Subsection (2A)(b) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “a person”
for the word “officer”
.
Subsection (2A)(c) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “a person authorised by the Director”
for the words “an officer of the Department”
.
Subsection (2B) was inserted, as from 20 October 1972, by section 9(2) Transport Amendment Act 1972 (1972 No 129).
Subsection (2C) was inserted, as from 29 October 1974, by section 20(2) Transport Amendment Act 1974 (1974 No 61).
Subsections (4) and (5) were inserted, as from 17 December 1980, by section 9(1) Transport Amendment Act 1980 (1980 No 96).
Section 68B was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden is hereby authorised to enforce the provisions and offences specified or referred to in Schedule 2A to this Act.
(2) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden may—
(a) Direct any person on any road, and apparently in charge of or in any vehicle, to furnish the person's name and address and give any other particulars required as to the person's identity, and give such information as is within the person's knowledge and as may lead to the identification of the driver or person in charge of any vehicle:
(b) If the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property, or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—
(i) Enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
(ii) Move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard:
(c) Direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that it causes an obstruction in the road or to any vehicle entrance to any property, or that its removal is desirable in the interests of road safety or for the convenience or in the interests of the public.
(3) Every person commits an offence who fails to comply with any direction given under subsection (2)(a) of this section or who gives in response to a direction under that provision any information that the person knows to be false.
(4) Every person to whom any direction is given under the authority of this section shall comply with that direction, and no person shall do any act that is for the time being forbidden by any direction given under the authority of this section.
(5) Any person who is authorised by a parking warden to—
(a) Enter a vehicle for the purpose of moving it or preparing it for movement; or
(b) Move a vehicle to a place where it does not constitute a traffic hazard—
may do so, but shall do everything reasonably necessary to ensure that the vehicle is not damaged in the course thereof.
(6) Any person who—
(a) Has possession of a vehicle as a result of its being moved under subsection (1)(b) of this section; and
(b) When requested at any reasonable time to do so by a person who produces satisfactory evidence to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved, fails to deliver possession of the vehicle to that person forthwith—
commits an offence against this Act, and is liable to a fine not exceeding $1,000.
Section 68BA was inserted, as from 1 August 1987, by section 21(1) Transport Amendment Act 1987 (1987 No 96).
Subsection (1) was amended, as from 15 November 2000, by section 3 Transport Amendment Act 2000 (2000 No 85) by inserting the words “and offences”
after the word “provisions”
.
[Repealed]
Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).
Section 68C was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 68B, 68C, and 68D were inserted, as from 24 November 1967, by section 8(1) Transport Amendment Act (No 2) 1967 (1967 No 153).
Section 68D was substituted, as from 1 November 1983, by section 19(1) Transport Amendment Act (No 3) 1983 (1983 No 35).
Subsection (1) was amended, as from 1 July 1992, by section 15(1) Transport Amendment Act 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department, or a traffic officer who is appointed as such by a territorial authority”
.
Subsection (2)(a) and (b) were amended, as from 1 July 1992, by section 15(2) Transport Amendment Act 1992 (1992 No 67) by substituting the words “is employed”
for the words “has been appointed”
.
Section 68D was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) A search warrant issued under section 198(1) of the Summary Proceedings Act 1957 in relation to any offence that involves road user charges matters may be directed—
(a) To any traffic officer by name, being a traffic officer authorised by the Commissioner to execute search warrants; or
(b) Generally to every such traffic officer; or
(c) In the manner provided by section 198(2) of the Summary Proceedings Act 1957.
(2) Where any search warrant to which this section relates is directed to any traffic officer by name or generally to every traffic officer authorised to execute search warrants, the Summary Proceedings Act 1957 shall apply in all respects as if every reference therein to a constable included a traffic officer.
(3) Any traffic officer executing any search warrant shall, when reasonably requested to do so, produce evidence of the traffic officer's authority from the Commissioner to execute such warrants.
Section 68E was inserted, as from 1 October 1989, by section 11 Transport Amendment Act 1989 (1989 No 77).
Subsections (1)(a) and (3) were amended, as from 1 July 1992, by section 16 Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word “Commissioner”
for the word “Secretary”
.
[Repealed]
Section 69 was repealed, as from 1 January 1970, by section 11 Transport Amendment Act (No 2) 1969 (1969 No 137).
[Repealed]
Section 69A was inserted, as from 1 April 1969, by section 22 Transport Amendment Act 1968 (1968 No 148).
Subsection (1)(c) was substituted, as from 1 April 1978, by section 25(2) Road User Charges Act 1977 (1977 No 124).
Subsection (1)(c) was substituted, as from 1 August 1987, by section 22(1) Transport Amendment Act 1987 (1987 No 96).
Subsection (1) was amended, as from 1 July 1992, by section 17(1)(a) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (1A) was inserted, as from 1 August 1987, by section 22(2) Transport Amendment Act 1987 (1987 No 96).
Subsection (1A) was amended, as from 1 July 1992, by section 17(1)(b) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (2) was substituted, as from 1 January 1970, by section 12 Transport Amendment Act (No 2) 1969 (1969 No 137).
Subsection (2) was substituted, and subsection (2A) was inserted, as from 29 October 1974, by section 21(1) Transport Amendment Act 1974 (1974 No 61).
Subsection 2 was amended, as from 1 February 1989, by section 12(1) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression “10 percent”
for the expression “20 percent or more or by 5,000 kilograms”
.
Subsection 2 was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (2) was substituted, and subsection (2AA) was inserted, as from 29 July 1995, by section 2(1) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.
Subsection (2A) was amended, as from 1 February 1989, by section 12(2) Transport Amendment Act (No 2) 1988 (1988 No 170) by substituting the expression “10 percent”
for the expression “20 percent or more or by 5,000 kilograms”
.
Subsection (2A) was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (2A) was amended, as from 1 July 1992, by section 17(1)(c) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (3) was repealed, as from 1 January 1970, by section 12 Transport Amendment Act 1969 (1969 No 137).
Subsection (3) was inserted, as from 1 August 1987, by section 22(3) Transport Amendment Act 1987 (1987 No 96).
Subsection (3) was substituted, as from 29 July 1995, by section 2(2) Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.
Subsection (4)(a) was amended, as from 1 August 1987, by section 22(4) Transport Amendment Act 1987 (1987 No 96) by omitting the words “subsection (1) or”
.
Subsection (4)(a) was amended, as from 1 July 1992, by 17(1)(d) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (4)(c) was amended, as from 1 July 1992, by 17(1)(d) Transport Amendment Act 1992 (1992 No 67) by inserting the words “constable or”
.
Subsection (4)(d) was amended, as from 29 October 1974, by section 21(2)(b) Transport Amendment Act 1974 (1974 No 61) by substituting the words “or subsection (2A)”
for the words “or subsection (3)”
.
Subsection (5) was substituted, as from 1 July 1992, by section 17(2) Transport Amendment Act 1992 (1992 No 67).
Section 69A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 69B was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148).
Section 69B was substituted, as from 1 November 1987, by section 23(1) Transport Amendment Act 1987 (1987 No 96).
Section 69B was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 69C was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148).
Section 69C was substituted, as from 1 November 1987, by section 23(1) Transport Amendment Act 1987 (1987 No 96).
Section 69C was amended, as from 1 July 1992, by section 18(1)(a) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “chief executive”
for the words “Permanent Head”
wherever they appeared.
Section 69C was amended, as from 1 July 1992, by section 18(1)(b) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the word “Commissioner”
for the word “Secretary”
wherever they appeared.
Subsection (2) was amended, as from 1 July 1992, by section 18(1)(c) Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “constable or”
in the two places where they appear.
Subsections (4) and (5) were substituted, and (6) was inserted, as from 1 November 1989, by section 12(1) Transport Amendment Act 1989 (1989 No 77).
Section 69C was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) Any constable, traffic officer who is a non-sworn member of the Police, or officer of the Department authorised by the Secretary to exercise any powers under this section (in this section each referred to as an ‘authorised officer’) may remove or require the removal from any motor vehicle on any road of any hubodometer for the purpose of inspection to determine whether the hubodometer has been modified or tampered with.
(2) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any hubodometer on any motor vehicle on any road, or any hubodometer removed from any such vehicle pursuant to subsection (1) of this section, where the authorised officer believes on reasonable grounds that the hubodometer has been modified or tampered with (otherwise than in accordance with section 22A of the Road User Charges Act 1977), or bears a serial number common to any other hubodometer of the same make.
(3) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any licence carried or displayed in or on any motor vehicle on any road, or produced to the authorised officer by any person, where the authorised officer believes on reasonable grounds that the licence has been altered or is expired, invalid, or a forgery.
(4) Where any hubodometer or licence is retained by an authorised officer under this section the operator of the vehicle from which the hubodometer is removed or to which the licence relates may cause the vehicle to be moved for such distance, not exceeding 100 kilometres, as may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and the vehicle shall be deemed for the purposes of the Road User Charges Act 1977 to be fitted with a proper hubodometer or to have a valid licence displayed, or both, as the case may require, while it is being moved as permitted by this section.
(5) Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with or does any act in contravention of any direction given under this section.
Section 69D was inserted, as from 1 April 1969, by section 23 Transport Amendment Act 1968 (1968 No 148), and repealed, as from 1 November 1987, by section 6, 1987 No 96.
The current section 69D was inserted, as from 1 October 1989, by section 13(1) Transport Amendment Act 1989 (1989 No 77).
Section 69D(1): substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1) was amended, as from 1 July 1992, by section 19(1) Transport Amendment Act (No 2) 1992 (1992 No 67) by substituting the words “a non-sworn member of the Police”
for the words “an officer of the Department”
.
Subsection (5) was substituted, as from 29 July 1995, by section 4 Transport Amendment Act 1995 (1995 No 44). See section 14 of that Act as to the transitional provisions.
[Repealed]
Section 70 was repealed, as from 2 December 1970, by section 10 Transport Amendment Act 1970 (1970 No 136).
Sections 70 and 70A were inserted, as from 1 February 1986, by section 5(1) Transport Amendment Act (No 3) 1985 (1985 No 126).
Subsection (6) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Director”
.
Subsection (7)(b) was repealed, as from 1 November 1987, by section 2(9) Transport Amendment Act 1987 (1987 No 96).
Section 70 was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Sections 70 and 70A were inserted, as from 1 February 1986, by section 5(1) Transport Amendment Act (No 3) 1985 (1985 No 126).
Section 70A was amended, as from 1 July 1992, by section 20 Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “constable or”
before the words “traffic officer”
wherever they occur.
Section 70A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) The Minister in the case of a Government road, the Agency in the case of a State highway the control of which has not been delegated to a territorial authority under Part 4 of the Government Roading Powers Act 1989, and the territorial authority in the case of any road under its control, may from time to time, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, shall not proceed between any 2 places by way of any road or roads specified in the notice.
(2) A copy of every notice under this section shall be displayed in at least 1 prominent position on every road to which the notice applies.
(3) Every person commits an offence who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned.
Section 70AA was inserted, as from 1 October 1989, by section 14(1) Transport Amendment Act 1989 (1989 No 77).
Section 70AA(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Heading: repealed, on 1 October 2007, pursuant to section 93 of the Land Transport Amendment Act 2005 (2005 No 77).
[Repealed]
Section 70B: repealed, on 1 October 2007, by section 93 of the Land Transport Amendment Act 2005 (2005 No 77).
[Repealed]
Section 70C: repealed, on 1 October 2007, by section 93 of the Land Transport Amendment Act 2005 (2005 No 77).
[Repealed]
Section 70D: repealed, on 1 October 2007, by section 93 of the Land Transport Amendment Act 2005 (2005 No 77).
[Repealed]
Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).
Section 70E was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Minister”
.
Subsection (1) was amended, as from 30 April 1997, by section 6(1) Transport Amendment Act 1997 (1997 No 3) by substituting the words “sections 70F to 70K”
for the words “sections 70F to 70H”
.
Subsection (1) Hazardous substance enforcement officer or enforcement officer, Operator, Premises, and Rail service operator: these definitions were inserted, as from 30 April 1997, by section 6(2) Transport Amendment Act 1997 (1997 No 3).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).
Subsections (1A) and (1B) were inserted, as from 1 April 1993, by section 31(1) Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsections (1) and (2) were amended, as from 1 April 1993, by section 31(1) Transport Amendment Act (No 3) 1992 (1992 No 108) by omitting the words “(other than a rental service vehicle)”
.
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).
Subsection (1A) was inserted, as from 1 April 1993, by section 32 Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70E to 70H were inserted, as from 1 May 1990, by section 16(1) Transport Amendment Act 1989 (1989 No 77).
Subsection (1)(a) was amended, as from 1 April 1993, by substituting the expression “section 48(2)(e)”
for the expression “section 48(2)(d)”
.
Subsection (1)(a) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “driver licence”
for the words “driver's licence”
, and by omitting the words “under section 48(2)(e) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”
.
Subsections (2A) and (2B) were inserted, as from 30 April 1997, by section 7 Transport Amendment Act 1997 (1997 No 3).
Subsections (2A) and (2B) were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
Subsection (4) was inserted, as from 1 April 1993, by section 34(2) Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70I and 70J were inserted, as from 1 April 1993, by section 33 Transport Amendment Act (No 3) 1992 (1992 No 108).
Subsection (1) was amended, as from 30 April 1997, by section 8(1) Transport Amendment Act 1997 (1997 No 3) by inserting the words “there is no breach or that”
.
Subsections (1A) and (3) were inserted, as from 30 April 1997, by section 8(2) Transport Amendment Act 1997 (1997 No 3).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70IA and 70IB were inserted, as from 30 April 1997, by section 9 Transport Amendment Act 1997 (1997 No 3).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70IA and 70IB were inserted, as from 30 April 1997, by section 9 Transport Amendment Act 1997 (1997 No 3).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Sections 70I and 70J were inserted, as from 1 April 1993, by section 33 Transport Amendment Act (No 3) 1992 (1992 No 108).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Section 70K was inserted, as from 30 April 1997, by section 10 Transport Amendment Act 1997 (1997 No 3).
Sections 70E to 70K were repealed, as from 3 May 1999, by section 214(2) Land Transport Act 1998 (1998 No 110). See clause 2 Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
[Repealed]
Section 71 was repealed, as from 1 October 1989, by section 14 Transport Amendment Act 1989 (1989 No 77).
[Repealed]
Section 71A was inserted, as from 24 November 1967, by section 9(1) Transport Amendment Act (No 2) 1967 (1967 No 153).
Section 71A was repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) Subject to the provisions of this Act or of any other enactment in respect of any of the matters referred to in this subsection, any Minister of the Crown in respect of any roads under his control, or any local authority in respect of any roads under its control, may from time to time make bylaws for any of the following purposes:
(a) Providing for the weighing or measurement of loads of vehicles, or for the computation of the weight or measurement of loads from the cubical or superficial measurements thereof; prescribing what quantity of any material shall for the purpose of such computation be conclusively deemed to be a specified weight or measurement; and providing for the drivers of vehicles giving such information as to the loads thereof and as to the quantity, weight, size, or measurement of the loads, or doing such things for the purpose of enabling the same to be ascertained, as may be requested by any person authorised in that behalf:
(b) Regulating the weights of vehicles or loads that may pass over bridges or culverts:
(c) Prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, and regulating the times at which or the manner in which any vehicles, horses, cattle, sheep, pigs, or other animals may cross or be taken over any bridge or culvert:
(d) Prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles may pass over any such roads; and prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any such road, otherwise than at the times and by the routes so prescribed, except with the permission of the said Minister or of the local authority, as the case may be, and on such conditions as the said Minister or the local authority, as the case may be, thinks fit:
(dd) Prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, or pigs along any road, and requiring that no horses, cattle, sheep, or pigs shall be taken upon or enter any road unless they are confined within a motor vehicle:
(e) Providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic thereon:
(f) Prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road unless the cost of reinstating or strengthening the road, as estimated by the said Minister or the local authority, as the case may be, is previously paid:
(g) Providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur therefrom to any road, bridge, culvert, ferry, or ford:
(h) Providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic:
(i) Prohibiting or restricting absolutely or conditionally any specified class of traffic (whether heavy traffic or not), or any specified motor vehicle or class of motor vehicle which by reason of its size or nature or the nature of the goods carried is unsuitable for use on any road or roads specified in the bylaw:
(ia) Providing that, subject to the erection of the prescribed signs, vehicles on roads designated in the bylaw shall travel in one specified direction only:
(j) In the case of Ministers of the Crown only, fixing, for the safety of the public or for the better preservation of the road, the maximum speed of vehicles or of specified classes of vehicles on any road:
(k) Prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose shall be deemed for the purposes of the bylaw to be of such class or description as is specified in the bylaw, notwithstanding that the vehicle may belong to any other class or description for any other purpose:
(ka) Prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in one direction to facing or travelling in the opposite direction, or prohibiting vehicles on a roadway, other than vehicles of a class specified in the bylaw, from turning to the right or to the left:
(kb) Prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane specified in the bylaw may be used or any turning movement may be made only by omnibuses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads or not less than a specified number of occupants:
(kc) Prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicles, on any specified road during such hours or exceeding such period as may be specified:
(l) Prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.
(2) Any bylaws made under this section may apply generally to all roads under the care, control, or management of the Minister or local authority making the bylaws, or to any specified road, or to any specified part or parts thereof, and may apply to all vehicles or traffic or to any parts thereof, and may apply to all vehicles or traffic or to any specified class or classes of vehicles or traffic, and may operate at any time or at any specified time or times.
(3) All charges, fees, and tolls received by any local authority under this section in respect of any road shall, without any deduction except for the cost of collection, be expended on the maintenance of that road.
(4) A copy of every bylaw made under this section by a local authority shall within one week after the making thereof be sent by the local authority to the Minister of Transport, who may at any time disallow the bylaw or any part thereof under section 74 of this Act.
(5) Nothing in this section shall apply to any authorised railway or tramway on, over, or across any road, or shall limit any powers of regulating traffic on roads otherwise possessed by the Governor-General, any Minister of the Crown, or any local authority.
(6) The power to make bylaws regulating, controlling, or prohibiting vehicular traffic shall be subject to the provisions of this Act or any other enactment dealing with any specified class or classes of traffic or vehicles.
(6A) Every person who—
(a) Parks in breach of a bylaw of a local authority in any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the local authority; or
(b) Parks in any other portion of a road in breach of a bylaw of a local authority prohibiting parking for a period in excess of the period fixed by the bylaw—
commits an offence, and (where no penalty is prescribed in respect thereof in the bylaws of the local authority) is liable to a fine not exceeding $20).
(7) In this section and in sections 73 and 74 of this Act the expression local authority includes the Agency.
Subsection (1) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by omitting the words “to section 13 of the National Roads Act 1953, and”
.
Subsection (1)(dd) was inserted, as from 2 December 1970, by section 11(1) Transport Amendment Act 1970 (1970 No 136).
Subsection (1)(f) was amended, as from 1 August 1987, by section 25(1) Transport Amendment Act 1987 (1987 No 96) by inserting the words “or strengthening”
.
Subsection (1)(h) was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Subsection (1)(i) was substituted, as from 29 October 1974, by section 21(1) Transport Amendment Act 1974 (1974 No 61).
Subsection (1)(ia) was inserted, as from 20 October 1972, by section 10(1) Transport Amendment Act 1972 (1972 No 129).
Subsection (1)(j) was amended, as from 5 April 2004, by section 11 Transport Amendment Act 1997 (1997 No 3) by substituting the words “In the case of Ministers of the Crown only, fixing”
for the word “Fixing”
. See clause 2 Transport Amendment Act 1997 Commencement Order 2004 (SR 2004/39).
Subsection (1)(k) was substituted, as from 20 October 1972, by section 10(2) Transport Amendment Act 1972 (1972 No 129).
Subsection (1)(kk) was inserted, as from 2 December 1970, by section 11(2) Transport Amendment Act 1970 (1970 No 136).
Subsection (1)(kk) was repealed, as from 29 October 1974, by section 22(2) Transport Amendment Act 1974 (1974 No 61).
Subsections (1)(ka) and (kb) were inserted, as from 29 October 1974, by section 22(2) Transport Amendment Act 1974 (1974 No 61).
Subsection (1)(kb) was amended, as from 3 April 1985, by section 16 Transport Amendment Act (No 2) 1985 by inserting the words “or not less than a specified number of occupants”
.
Subsection (1)(kc) was inserted, as from 11 December 1988, by section 13 Transport Amendment Act 1988 (1988 No 170).
Subsection (1)(l) was amended, as from 2 December 1970, by section 3(1) Transport Amendment Act 1970 (1970 No 136) by substituting the expression “not exceeding $200”
for the expression “not exceeding one hundred dollars”
.
Subsection (1)(l) was amended, as from 1 August 1987, by section 25(2) Transport Amendment Act 1987 (1987 No 96) by substituting the expression “not exceeding $500”
for the expression “not exceeding $200”
.
Subsection (6A) was inserted, as from 1 April 1981, by section 8(8) Transport Amendment Act 1980 (1980 No 96).
Section 72(7): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (7) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75) by substituting the words “Transit New Zealand”
for the words “the National Roads Board”
.
(1) Where any bylaw made under section 72 of this Act has special reference to any bridge, a copy of the bylaw or a statement of its effect shall be conspicuously displayed and maintained in a clearly legible condition at each end of that bridge.
(2) Printed copies of all bylaws made under section 72 of this Act and having reference to traffic on any road or roads shall be on sale to every person applying for them, at a reasonable charge, at the Government Printing Office in Wellington, in the case of Government roads, and, in the case of other roads, at the principal office of the local authority having control of the roads.
(1) The Minister may at any time, by notice published in the Gazette, disallow, either wholly or in part, any bylaw made by any local authority, whether before or after the commencement of this Act, and relating to any traffic on any road or roads, if in his opinion the subject-matter of the bylaw should not be dealt with otherwise than by this Part of this Act or by regulations of general application made under this Act, or if in his opinion the bylaw, in so far as it relates to or may affect any traffic, is unreasonable or undesirable.
(2) On any disallowance under this section the bylaw shall, to the extent to which it is disallowed, be deemed to have been revoked.
(3) Any disallowance under this section shall take effect either on the day of the publication of the notice of disallowance in the Gazette or on such later date as may be specified in that behalf in the notice.
If at any time the Minister has cause to believe that any road is not in a safe condition the Minister may inquire into the circumstances, and if in the Minister's opinion the Agency or the territorial authority in control of the road has not carried out work which the Minister reasonably considers necessary and justified in the interests of public safety,—
(a) The Minister may in writing advise the Agency or the territorial authority of the need for such work; and
(b) the Agency, or the territorial authority as the case may be, shall upon being so advised exercise its powers under that Act to remove the cause of danger to public safety.
Section 74A was inserted, as from 1 October 1989, by section 17 Transport Amendment Act 1989 (1989 No 77).
Section 74A: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 74A(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 74A(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
[Repealed]
Section 75 was substituted, as from 1 November 1965, by section 6 Transport Amendment Act 1965 (1965 No 127).
Section 75 was repealed, as from 1 July 1992, by section 23(1) Transport Amendment Act 1992 (1992 No 67).
[Repealed]
Section 76 was repealed, by section 4(1) Local Government Amendment Act 1978 (1978 No 43).
[Repealed]
Section 76A was inserted, as from 29 October 1965, by section 7 Transport Amendment Act 1965 (1965 No 127).
Section 76A was repealed, as from 1 April 1979, by section 4(1) Local Government Amendment Act 1978 (1978 No 43).
[Repealed]
Section 76B was inserted, as from 20 October 1966, by section 17 Transport Amendment Act 1966 (1966 No 107).
Section 76B was amended, as from 1 July 1992, by section 24 Transport Amendment Act (No 2) 1992 (1992 No 67) by inserting the words “constable or”
.
Sections 76B and 76C were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
[Repealed]
Section 76C was inserted, as from 1 October 1989, by section 18 Transport Amendment Act 1989 (1989 No 77).
Sections 76B and 76C were repealed, as from 1 March 1999, by section 214(1) Land Transport Act 1998 (1998 No 110).
(1) Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for all or any of the following purposes, namely:
(a) Providing for minimising the noise and the issue of smoke or fumes from the working of any vehicles:
(b) Restricting or prohibiting the use of vehicles that, owing to defects of construction or to disrepair, are unsuitable for safe use:
(c) Prescribing the affixing of efficient brakes to vehicles:
(d) Prescribing the kinds of lamps that may be carried on vehicles, requiring the carrying of such lamps, and prescribing how and when they are to be used:
(da) Requiring the wearing or use of safety equipment by riders and passengers on vehicles:
(e) Regulating the attaching and use of bells, alarms, reflectors, direction indicators, and other instruments for giving notice of the approach, position, or course of vehicles, or for assisting in their control; prescribing the kinds thereof to be used on different classes of vehicles; and prohibiting the use on any class of vehicle of any bell, alarm, reflector, direction indicator, or other instrument as aforesaid of a kind that is not prescribed for use on that class of vehicle or of a kind that is prescribed for use on any other class of vehicle:
(ee) Prescribing for the safety of the public or of any person matters in relation to the design and construction of motor vehicles manufactured, assembled, or modified in New Zealand and intended to be used on roads, or of any specified classes of such motor vehicles, or of such motor vehicles manufactured, assembled, or modified by any specified classes of persons, or in relation to any components or equipment manufactured in New Zealand for use in motor vehicles:
(ef) Prescribing or authorising the Agency to prescribe or approve matters in relation to the design, construction, equipment, condition, and inspection of vehicles that may be used in connection with transport services or any class of transport services; providing for and regulating the issue, duration, conditions, and revocation of certificates of fitness and permits for such vehicles; and generally prescribing the conditions upon or subject to which they may be used and regulating the use thereof:
(f) Prescribing the maximum weight and the maximum dimensions of any vehicle, and any load thereon, that may be used on any road, the maximum weight that may be transmitted to the road surface by the wheel or wheels on any one axle of a vehicle, and the maximum air pressure of the tyres of any heavy motor vehicle or specified kind of heavy motor vehicle:
(fa) Providing that the local authority or other body or person having the control over any road may declare the road or part thereof to be a construction zone for the purposes of the regulations, prescribing the signs to be erected in such construction zones, and providing for the exemption from the provisions of any regulations made under this Act of specified classes of motor vehicles while used within such construction zones:
(fb) Prescribing requirements as to devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried on motor vehicles or any specified class of motor vehicles, or to be used by the driver of or any person in or on a motor vehicle or any specified class of motor vehicles; and any such regulations may—
(i) Prescribe, or authorise the Agency to prescribe, standards, specifications, or codes of practice for any such device, fitting, or equipment, or class thereof (whether such standards, specifications, or codes of practice are prescribed in relation to the device, fitting, or equipment as such or in relation to the function of that device, fitting, or equipment):
(ii) Require the approval of the Agency to be obtained, in such way as may be prescribed, for any such device, fitting, or equipment, or class thereof, to be incorporated in, fitted to, or carried on a motor vehicle, or used by the driver of or any person in or on a motor vehicle:
(fc) Empowering the Agency to order any—
(i) Manufacturer of a vehicle or agent of the manufacturer; or
(ii) Importer of a vehicle; or
(iii) Person or organisation responsible for certifying that a vehicle complies with any requirement as to devices, fittings, or equipment that is prescribed under this Act; or
(iv) Any other person responsible for the presence of a vehicle on a road—
to recall a specified vehicle or component or vehicles or components of a specified class where the vehicle or component or class of vehicles or components does not comply with any requirement as to devices, fittings, or equipment that is prescribed for vehicles or components of the same class by regulations made under this Act; and empowering the Agency to impose requirements for the purpose of ensuring that such vehicles and components comply with the relevant prescribed requirements:
(fd) Requiring vehicle identification numbers to be assigned to motor vehicles being operated in New Zealand; and—
(i) Prescribing requirements relating to vehicle identification numbers or requiring compliance with any standard specified in the regulations, or both; and providing for the manner in which such numbers are to be assigned:
(ii) Empowering the Agency to prescribe, by notice in the Gazette, a standard with which vehicle identification numbers must comply, including (but not limited to) the manner in which such numbers are to be affixed to vehicles:
(iii) Requiring importers and manufacturers of motor vehicles to furnish to the Agency such information relating to vehicle identification numbers as may be prescribed:
(iv) Empowering the Agency to authorise persons to carry out inspections of motor vehicles for the purpose of ensuring that vehicles comply with regulations made under this paragraph:
(v) Exempting or empowering the Agency to exempt, upon and subject to such conditions as may be prescribed in the regulations, vehicles of any class from any requirements imposed by or under regulations made under this paragraph:
(fe) Prescribing offences relating to—
(i) The removal, erasure, alteration, defacing, obscuring, destruction, or obliteration of vehicle identification numbers, engine numbers, or chassis numbers:
(ii) The affixing to any motor vehicle of a vehicle identification number, engine number, or chassis number that has been assigned to another vehicle or not lawfully assigned:
(iii) The selling or offering for sale of any motor vehicle without a vehicle identification number, engine number, or chassis number, or any motor vehicle on which that number has been unlawfully erased, altered, defaced, obscured, destroyed, or obliterated:
(ff) Requiring specified vehicle characteristics to be recorded by any person carrying out an inspection for the issue of a warrant of fitness or certificate of fitness; and requiring such information to be transmitted to the Agency:
(fg) [Repealed]
(g) Providing for the periodical or other examination of motor vehicles and the issue of warrants of fitness, certificates of fitness, certificates of loading, and permits by the Agency, local authorities, or persons approved by the Agency; prescribing fees or maximum fees or authorising the charging of reasonable fees in respect of such examinations (and different fees may be prescribed or provided for in respect of different circumstances and different testing authorities); providing for the electronic transmission of information relating to such examinations; prescribing the persons to whom any fees are to be paid; providing for the refund or waiver of any fee payable under this Act in respect of an approval that authorises a person to issue warrants of fitness or certificates of fitness, in whole or in part, in any specified case or class of cases; and exempting specified motor vehicles or classes of motor vehicles from the provisions of the regulations:
(ga) Providing for or requiring any person or organisation approved for the purpose by the Agency to issue in respect of any vehicle a certificate as to its vehicle identification number, chassis number, other identifiers, and details of any warrant of fitness, certificate of fitness, or any permit or authority issued in respect of the vehicle by that person or organisation; and providing for the revocation of any such approval; and prescribing or authorising the Agency to prescribe the form of any such certificate:
(h) Requiring any person who sells a motor vehicle intended to be used on the road, or any specified kind of any such motor vehicle, to deliver to the purchaser at the time of the sale a current certificate of fitness or warrant of fitness issued within a specified time before the sale and certifying that the vehicle has been inspected in accordance with the regulations made under this Act and complies with the requirements of the regulations concerning construction, equipment, and condition of motor vehicles:
(i) Limiting the hours during which and regulating the conditions upon or subject to which any person may drive a vehicle not specially designed for the carriage of persons while it is in use for commercial purposes:
(j) Providing for the classification of heavy motor vehicles according to their design, weight, and carrying capacity:
(ja) Prescribing standards, specifications, or codes of practice for building, altering, or maintaining any road, or related property, in the interests of safety:
(k) Providing for the classification of roads with reference to their suitability for use by different classes of heavy motor vehicles:
(l) [Repealed]
(m) [Repealed]
(n) Authorising any local authority or other body or person exercising control over any road to prohibit the use thereon of heavy motor vehicles, or of any class thereof, during any specified period or periods:
(o) For any purpose for which bylaws may be made under section 72 of this Act:
(p) Fixing, for the safety of the public or the better preservation of roads or the better regulation of traffic on roads, the maximum speeds of vehicles or of specified classes of vehicles on any specified road or in any locality or throughout New Zealand, or the maximum speeds or minimum speeds or both of vehicles on specified classes of roads; and—
(i) [Repealed]
(ii) [Repealed]
(iii) authorising the Agency to grant exemptions relating to speed limits for specified heavy vehicles or classes of heavy vehicles and to impose conditions relating to such exemptions:
(q) Providing for the imposition by local authorities or by other bodies or persons having the control of roads of temporary maximum speed limits for motor vehicles (not exceeding the maximum in that regard for the time being fixed by any Act or regulation) where the local authority or other body or person concerned considers that a temporary risk of danger to the public or of damage to any road exists or is likely to arise, and prescribing the duration of and power to revoke any such temporary speed limit, the procedure for the imposition and notice to the public thereof, the erection of traffic signs in relation thereto, the fines to be imposed (not exceeding $1000) for the breach of any such speed limit, and such other matters as the Governor-General thinks necessary for the imposition and enforcement of every such temporary speed limit:
(r) Providing for the erection and maintenance of uniform signs, lights, and notices, and the making and maintenance of road markings, for the guidance and direction of persons using roads; prescribing the size, colour, and design of such signs, lights, notices, and road markings, the materials of which they are to be made, and the manner in which and the persons by whom they are to be erected or made and maintained; and requiring local authorities or other persons to erect and maintain such signs, lights, and notices and to make and maintain such road markings or any class thereof; and providing for the phased replacement of uniform signs, lights, and notices:
(rr) Prohibiting or restricting the use of reflective material on signs, hoardings, and similar structures used or intended to be used for the purposes of advertising in such a position that they are likely to reflect the lights of motor vehicles on any road:
(s) Prescribing the duties and regulating the conduct of persons using roads for any purpose, and, in particular, of persons in charge of or riding in vehicles on roads and of persons in charge of or driving or leading animals on roads:
(t) Providing for the protection of pedestrians on roads:
(u) Providing for the closing by the local authority or other body or person exercising control thereof of roads to ordinary vehicular traffic on the occasion of the holding thereon of vehicle races or trials, or of processions, carnivals, celebrations, sporting events, or other special events, and for the suspension in respect of any road so closed of any provision of this Part of this Act or of any regulation or bylaw under this Act relating to vehicular traffic on roads:
Provided that no regulation made under this paragraph shall authorise the closing of any road for more than 12 hours in any period of 24 hours, and no road shall be closed under any such regulation unless at least 28 days' public notice is given by the authority controlling the road of its intention to close the road to ordinary vehicular traffic and calling upon persons affected to lodge objections thereto, and unless reasonable provision is made for vehicular traffic which would otherwise use the road; but nothing in this proviso shall apply with respect to the closing of any road for a period not exceeding 2 hours on the occasion of the holding thereon of any event not amounting to a vehicle race or trial:
Provided further that no road shall be closed pursuant to any regulation made under this paragraph, unless the local authority or other body or person having control of the road is satisfied that the person or organisation promoting the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, has arranged adequate insurance against his or its liability to pay damages to any person in respect of any claim on account of the death of or bodily injury to any person or damage to property where the death or bodily injury or damage results from the holding of the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, and that, in the case of any vehicle race or trial, the only motor vehicles participating are vehicles in respect of which the accident compensation levy and the indemnity surcharge under Part 6A of this Act have been paid for the licensing year then current:
Provided also that no regulation under this paragraph shall in any way restrict the power of the police to maintain public order on roads, or authorise the holding on any road without the appropriate permit therefor of any vehicle race or trial, or procession, carnival, celebration, sporting event, or other special event for which a permit is required under any Act, regulation, or bylaw:
(v) Generally regulating traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road:
(w) Generally regulating the use of vehicles and prescribing the conditions upon or subject to which they may be used:
(x) [Repealed]
(y) [Repealed]
(z) Prohibiting or regulating the driving of loose horses, cattle, sheep, pigs, or other animals along any road at night, being the period commencing half an hour after sunset and ending half an hour before sunrise on the following morning:
(za) Providing for the exemption of any person or vehicle or class of persons or vehicles, from any regulations made for any purpose specified in this subsection, either wholly or partially and either unconditionally or upon or subject to such conditions as may be prescribed by or in accordance with the regulations; and delegating to the Agency or in the case of regulations made under the authority of paragraph (f) or paragraph (fa) of this subsection delegating to the Agency, the local authority, or the person having control over the road, the power to grant any such exemption.
(2) Without limiting the general power to make regulations conferred by section 199 of this Act, regulations may be made under that section for the purpose of regulating the fitting, inspection, or repair of alternative fuel systems, or components thereof, in vehicles, and the use of vehicles fitted with such systems, and, without limiting the generality of the foregoing provisions, for all or any of the following purposes:
(a) Prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, that has not been approved for that purpose by the regulations or the Agency (either specifically or as a system or component of a class of systems or components so approved):
(b) Prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, or the inspection or repair of such a system or component, by a person who has not been authorised for that purpose by the regulations or the Agency (either personally or as a member of a class of persons so authorised):
(c) Requiring the inspection, at specified times, of alternative fuel systems fitted in vehicles, or vehicles of a specified class; providing for the issue by specified persons of certificates to the effect that an alternative fuel system is in a safe and efficient working condition; and prohibiting the use of a vehicle where such an inspection has not been made or such a certificate has not been issued:
(d) Approving, or empowering the Agency to approve (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, alternative fuel systems, and components thereof, and classes of such systems and components, for the purposes of fitting in vehicles:
(e) Authorising, or empowering the Agency to authorise (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, persons or classes of persons, to fit, inspect, or repair alternative fuel systems or components thereof:
(f) Exempting, or empowering the Agency to exempt (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, any person or vehicle, or class of persons or vehicles, from any of the provisions of regulations made for the purposes specified in this subsection:
(g) Empowering the Agency to revoke or vary (by notice in the Gazette), in whole or in part, any approval, authorisation, or exemption given by the Agency pursuant to regulations made for the purposes specified in this subsectio