New Zealand Legislation: Acts

20 Power to alter rates of road user charges by Order in Council

• (1) The Governor-General may from time to time, by Order in Council, reduce or increase any or all of the rates of road user charges specified in Schedule 3 to this Act.

  (1A) An Order in Council made under this section that increases all or any of the rates of road user charges specified in Schedule 3 comes into force 42 days after the date of its notification in the Gazette, or on any later date that may be specified in the order.

  (2) Every Order in Council made under this section shall be laid before the House of Representatives not later than the sixteenth sitting day of the House of Representatives after the day on which it is made.

  (3) Every Order in Council made under this section shall,—

  • (a) Where the Order in Council is made on or before the 30th day of June in any year, expire on the close of the 31st day of December of that year except so far as it is expressly validated or confirmed by Act of Parliament passed during that year; and

  • (b) Where the Order in Council is made on or after the 1st day of July in any year, expire on the close of the 31st day of December in the following year except so far as it is expressly validated or confirmed by Act of Parliament passed before the end of that following year.

  (4) If any Order in Council or any provision of any Order in Council expires by virtue of subsection (3) of this section, the road user charge rate or rates altered by that Order in Council or provision shall, from the expiry of that Order in Council or provision and until it is or they are again altered, be the same as it was or they were immediately before that Order in Council or provision came into force.

  (5) If any Order in Council or any provision of any Order in Council expires by virtue of subsection (3) of this section, any charges collected under that Order in Council or provision in excess of the charges otherwise payable shall, except so far as any other provision is made by an Act of Parliament in respect thereof, be refunded upon application made to the chief executive.

  (6) Every application under subsection (5) of this section shall be in a form provided for the purpose by the chief executive, and shall contain such information as the chief executive considers necessary to enable the refund to be made in accordance with this section.

  (7) The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming any Orders in Council pursuant to subsection (3) of this section shall not, unless there is any express provision to the contrary, affect the validity or confirmation of those Orders in Council.

  Section 20 was substituted, as from 1 October 1989, by section 11 Road User Charges Amendment Act 1989 (1989 No 79).

  Section 20(1A): inserted, on 11 August 2009, by section 5 of the Road User Charges Amendment Act 2009 (2009 No 27).