New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  biofuel has the meaning given by section 1B of the Energy (Fuels, Levies, and References) Act 1989

  Chief executive means the chief executive of the Ministry of Transport; and, in relation to any particular function, duty, or power of the chief executive under this Act, includes any person for the time being authorised to exercise or perform that function, duty, or power

  Chief executive: this definition was inserted, as from 1 April 1988, by section 2(1) Road User Charges Amendment Act 1988 (1988 No 46).

  Commissioner

  [Repealed]

  Commissioner: this definition was repealed, as from 1 April 1988, by section 2(1) Road User Charges Amendment Act 1988 (1988 No 46).

  Distance licence means a licence in the form prescribed for a distance licence that has been issued by an issuing officer in accordance with this Act

  Distance licence: this definition was amended, as from 1 April 1993, by section 2(1) Road User Charges Amendment Act 1992 (1992 No 114) by omitting the words “that has attached thereto in the prescribed manner all labels required to be attached thereto by regulations made under this Act and”.

  Distance recorder means—

  • (a) In the case of a motor vehicle that is required to be fitted with a hubodometer by regulations made under this Act, a hubodometer of the kind required to be fitted:

  • (b) In the case of any other motor vehicle, a distance recorder that records in kilometres or miles and that is of a nature and accuracy sufficient to provide a reliable record of the distance travelled by the vehicle:

  Distance to which the licence relates, in relation to a distance licence or a supplementary licence, means the distance arrived at by subtracting the minimum reading specified in the licence from the maximum reading specified in the licence

  Distance to which the licence relates: this definition was substituted, as from 1 April 1993, by section 2(2) Road User Charges Amendment Act 1992 (1992 No 114).

  Gross laden weight, in relation to a motor vehicle, means the greater of the following weights

  • (a) Any weight specified (subsequent to the latest modification thereof, if any) as the gross laden weight of the vehicle by the manufacturer thereof:

  • (b) Any weight specified as the gross laden weight of the vehicle, or of a vehicle of that kind, by the Secretary for Transport, by notice in the Gazette or by notice to an owner of the vehicle:

    Provided that if, in respect of a motor vehicle, no evidence of any such weight has been adduced, the term gross laden weight means, in relation to that vehicle, the total of the unladen weight of the vehicle and the weight of the maximum load that the vehicle may safely carry:

  Gross laden weight: this definition was amended, as from 1 April 1982, by section 2(2) Road User Charges Amendment Act 1981 (1981 No 29) by substituting the words “no evidence of any such weight has been adduced” for the words “no such weight has been specified as aforesaid”.

  Gross weight, in relation to a motor vehicle, means the weight which is transmitted to the road surface through the axle or group of axles of the vehicle, and includes all weight exerted on that vehicle by any other vehicle

  Provided that—

  • (a) Without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a motor vehicle may be determined by adding the weight transmitted to the road surface at different parts of the vehicle:

  • (b) Where the gross weight of any one of a combination of vehicles is to be ascertained, nothing in this Act shall require the vehicles comprising the combination to be detached from each other and be separately weighed:

  Gross weight: this definition was substituted, as from 28 October 1986, by section 2(1) Road User Charges Amendment Act 1986 (1986 No 77).

  Issuing officer means any person or member of a class of persons authorised by the chief executive to act as an issuing officer for the purposes of this Act

  Issuing officer: this definition was amended, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124)) by substituting the words “any person or member of a class of persons authorised by the Commissioner” for the words “an officer of the Post Office or any person authorised by the Registrar”. This definition was substituted, as from 1 April 1988, by section 2(2) Road User Charges Amendment Act 1988 (1988 No 46).

  Licence means a distance licence, a time licence, or a supplementary licence

  Licence category

  [Repealed]

  Licence category: this definition was repealed, as from 21 October 1982, by section 3(5) Road User Charges Amendment Act 1982 (1982 No 29).

  light electric motor vehicle means a motor vehicle whose motive power is wholly or partly derived from an external source of electricity and whose gross laden weight is 3.5 tonnes or less

  Maximum gross weight, in relation to a licence, means the weight specified in the licence as the maximum gross weight

  Maximum reading, in relation to a distance licence or a supplementary licence, means the figure specified in the licence as the maximum reading

  Minimum reading, in relation to a distance licence or a supplementary licence, means the figure specified in the licence as the minimum reading

  Motor vehicle means a vehicle drawn or propelled by mechanical power, and includes a trailer; but does not include—

  • (a) a vehicle that the Director has declared is not a motor vehicle under section 168A of the Land Transport Act 1998; or

  • (b) a mobility device as defined in section 2(1) of the Land Transport Act 1998

  Motor vehicle: this definition was amended, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77) by adding the words “; but does not include—”. See sections 96 to 100 of that Act as to the transitional and savings provisions.

  Motor vehicle: paragraphs (a) and (b) of this definition were inserted, as from 22 June 2005, by section 95(5) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

  Motor spirits duty has the same meaning as in section 187(1) of the Transport Act 1962 (as substituted by section 2 of the Transport Amendment Act 1975)

  Off-road motor vehicle means a motor vehicle of a class specified in Schedule 2 to this Act

  To operate means to use or drive or ride on any road, or cause or permit to be driven or ridden on any road, or to permit to be on any road, whether the person operating is present in person or not

  Owner, in relation to a motor vehicle, has the same meaning as in section 2(1) of the Land Transport Act 1998

  Owner: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.

  Petrol means—

  • (a) Any motor spirits on which motor spirits duty is imposed, including motor spirits that are blended with a biofuel; and

  • (b) Compressed natural gas and liquefied petroleum gas on which sales tax is imposed;—

  but does not include diesel or electricity

  Prescribed means prescribed by regulations made under this Act

  Quarter means a period of 3 months ending with the last day of March, June, September, or December in any year

  Reading, in relation to a distance recorder, means the amount of distance recorded on the distance recorder at any particular time

  Registrar means the chief executive, and includes, where appropriate,—

  • (a) Any person to whom the chief executive has delegated any of the powers, duties, or functions of the Registrar under this Act:

  • (b) Any person for the time being authorised by the chief executive to exercise or perform any of the powers, duties, or functions of the Registrar under this Act:

  Registrar: this definition was substituted, as from 30 April 1986, by section 56(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6). It was further substituted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124), and, as from 1 April 1988, by section 2(3) Road User Charges Amendment Act 1988 (1988 No 46).

  Registrar: this definition was substituted, as from 30 April 1997, by section 2(1) Road User Charges Amendment Act 1997 (1997 No 7).

  Registration plate means a registration plate issued under the Transport Act 1962 or the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and includes a trade plate and a personalised registration plate

  Registration plate: this definition was substituted, as from 30 April 1986, by section 56(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

  Road includes a highway (whether or not it has been declared to be a State highway) and a street

  Supplementary licence means a licence in the form prescribed for a supplementary licence that has been issued by an issuing officer in accordance with this Act

  Supplementary licence: this definition was amended, as from 1 April 1993, by section 2(1) Road User Charges Amendment Act 1992 (1992 No 114) by omitting the words “that has attached thereto in the prescribed manner all labels required to be attached thereto by regulations made under this Act and”.

  Time licence means a licence in the form prescribed for a time licence that has been issued by an issuing officer in accordance with this Act

  Time licence: this definition was amended, as from 1 April 1993, by section 2(1) Road User Charges Amendment Act 1992 (1992 No 114) by omitting the words “that has attached thereto in the prescribed manner all labels required to be attached thereto by regulations made under this Act and”.

  Trailer—

  • (a) 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

  • (b) Does not include—

    • (i) A sidecar attached to a motor cycle; or

    • (ii) A vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power:

  Trailer: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

  Unladen 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 on the vehicle that are necessary for its operation for the purpose for which it was designed

  Unladen weight: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

  To use, in relation to a motor vehicle, includes to drive, draw, or propel by means of another vehicle

  Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

  Vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.

  Vehicle type number, in relation to a motor vehicle, means the number prescribed, in Schedule 2 to this Act (in the case of an off-road motor vehicle) or Schedule 1 to this Act (in the case of any other motor vehicle), as the vehicle type number for the class of motor vehicle to which the motor vehicle belongs

  Weight, in relation to an axle, a group of axles, or a motor vehicle, means the weight, or (as the case may be), the sum of the weights, recorded on a weighing device of a type approved by the Minister of Police for the purposes of the definition of the term weight in the Land Transport Act 1998, and used in a manner prescribed by the Minister of Police by notice in the Gazette for the purposes of that term under that Act

  Weight: this definition was substituted, as from 28 October 1986, by section 2(2) Road User Charges Amendment Act 1986 (1986 No 77).

  Weight: this definition was amended, as from 30 April 1997, by section 2(2) Road User Charges Amendment Act 1997 (1997 No 7) by substituting the words “Land Transport Safety Authority of New Zealand” for the words “Minister of Transport”.

  Weight: this definition was further amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998” and “Minister of Police” for the words “the Transport Act 1962” and “Land Transport Safety Authority of New Zealand” respectively.

  Year means a period of 12 months ending with the last day of June.

  Year: this definition was amended, as from 1 October 1989, by section 2 Road User Charges Amendment Act 1989 (1989 No 79) by substituting the word “June” for the word “March”.

  (2) For the purposes of this Act, every trailer (whether attached to another motor vehicle or not) shall be deemed to be a separate motor vehicle.

  (3) [Repealed]

  (4) For the purposes of this Act, at any particular time—

  • (a) A distance licence or supplementary licence is current only if the reading at that time on the distance recorder fitted to the motor vehicle to which the licence relates is more than the minimum reading, and not more than the maximum reading, specified in the licence:

  • (b) A time licence is current only if the licence specifies the quarter or year, as the case may be, that is the current quarter or year at that time.

  Section 2(1) biofuel: inserted, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

  Section 2(1) light electric motor vehicle: inserted, on 11 August 2009, by section 4 of the Road User Charges Amendment Act 2009 (2009 No 27).

  Petrol: this definition was inserted, as from 23 November 1979, by section 4(2) Road User Charges Amendment Act 1979 (1979 No 65). It was substituted, as from 1 April 1982, by section 2(1) Road User Charges Amendment Act 1981 (1981 No 29) and further substituted, as from 1 October 1982, by section 4(1) Transport Amendment Act (No 2) 1982 (1982 No 10).

  Section 2(1) petrol paragraph (a): amended, on 1 October 2008, by section 17 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

  Subsection (3) was amended, as from 22 December 1980, by section 5 Road User Charges Amendment Act 1980 (1980 No 71).

  Subsection (3) was repealed, as from 1 October 1989, by section 3(1) Road User Charges Amendment Act 1989 (1989 No 79).