Road User Charges Act 1977

22C Removal and retention of hubodometers for enforcement purposes

• (1) An authorised enforcement officer or a person authorised by the chief executive may—

  • (a) remove, or require the removal of, any hubodometer from any motor vehicle on any road for the purpose of determining whether the hubodometer has been tampered with or modified:

  • (b) seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A,—

    • (i) any hubodometer on any motor vehicle on any road, or any hubodometer removed from a vehicle under paragraph (a), if the authorised enforcement officer or authorised person believes on reasonable grounds that the hubodometer—

      • (A) has been tampered with or modified (otherwise than in accordance with section 22A); or

      • (B) bears a serial number common to any other hubodometer of the same make:

    • (ii) any licence carried or displayed in or on any motor vehicle on any road, or produced to the authorised enforcement officer or authorised person by any person, if the authorised enforcement officer or authorised person believes on reasonable grounds that the licence has been altered, is expired, is invalid, or is a forgery.

  (2) If a hubodometer or licence is retained by an authorised enforcement officer or authorised person under subsection (1),—

  • (a) 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 a distance, not exceeding 100 kilometres, that may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and

  • (b) the vehicle is to be treated as being fitted with a proper hubodometer or to have a valid licence displayed or both (as the case may be) while it is being moved.

  (3) 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.

  (4) For the purposes of this section, enforcement officer has the same meaning as in section 2(1) of the Land Transport Act 1998.

  Compare: 1962 No 135 s 69D

  Section 22C: inserted, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).