New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Except as otherwise provided in this Act, no person shall use any motor vehicle on any road unless—
(a) The motor vehicle is registered in accordance with this Part of this Act; and
(b) The registration plates and a current licence issued for that vehicle are affixed and displayed on the vehicle in the manner prescribed in any notice made under section 14 of this Act; and
(c) the full amount of the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 in respect of the period for which the licence is issued has been paid.
(1A) Once a motor vehicle is registered in accordance with this Part then, except as otherwise provided in this Act or in regulations made under section 35A(1)(a),—
(a) The owner of the vehicle must keep the vehicle licensed at all times under this Part; and
(b) The fees payable in respect of such licensing are payable as if the vehicle is at all times required to be licensed (whether or not it is actually licensed).
(2) Every person who uses any motor vehicle or permits any motor vehicle to be used in contravention of subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
(2A) Every person commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who sells an unlicensed motor vehicle that is required to be licensed under this Part of this Act.
(3) Where any person is charged with an offence of using or permitting a motor vehicle to be used in contravention of subsection (1)(b) of this section that relates to a licence, it shall be a defence if the defendant satisfies the Court that—
(a) At the time of the alleged offence a licence for the motor vehicle that expired not more than 7 days previously was affixed and displayed in the prescribed manner; and
(b) Before the expiry of that licence an application for a licence for the motor vehicle for a period including the day of the alleged offence together with the appropriate fee and accident compensation levy had been forwarded to the Registrar; and
(c) The licence had not been received from the Registrar.
(4) The fact that any motor vehicle is used on any road without having registration plates or a current licence issued for that vehicle, or both, affixed and displayed in the prescribed manner shall, in the absence of evidence to the contrary, be sufficient evidence that the vehicle is not registered or is not licensed, or both, as the case may be, in accordance with this Part of this Act.
(5) Every motor vehicle registered under the Transport Act 1962 or any corresponding former Act is hereby deemed to have been registered under this Act.
Subsection (1)(c) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49), by substituting the words “the Injury Prevention, Rehabilitation, and Compensation Act 2001”
for the words “the Accident Insurance Act 1998”
. See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation.
Subsection (1A) was inserted, as from 1 September 1997, by section 3(1) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1997 (1997 No 2). See clause 2(b) Transport (Vehicle and Driver Registration and Licensing) Amendment Acts Commencement Order 1997 (SR 1997/140). Subsections (1A) and (1B) were to be inserted, as from a date to be appointed by Order in Council, by section 3(1) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110). Section 3(1) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1997 (1997 No 2) proposed to substitute subsection (1A) and repeal subsection (1B) of this section. However as these never came into force, and as section 3(3) of the 1997 No 2 Act consequentially repealed theprovision seeking to insert the new subsections, the effect was to insert subsection (1A).
Subsection (2) was amended, as from 5 November 1993, by section 3(2) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110) by substituting the expression “$1,000”
for the words “$100 for every day on which the motor vehicle is so used”
. See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order (No 2) 1993 (SR 1993/328).
Subsection (2A) was inserted, as from 30 October 1995, by section 3(3) Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110). See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order (No 2) 1995 (SR 1995/200).