New Zealand Legislation: Acts

35A Regulations

• (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  • (a) exempting or authorising the Secretary to exempt any motor vehicle or person or any specified category or class of motor vehicles or persons from—

    • (i) any specified requirements of this Part or of any regulations made under this Part:

    • (ii) any prescribed fees:

  • (b) [Repealed]

  • (c) [Repealed]

  • (d) [Repealed]

  • (e) prescribing the obligations of the seller and the buyer, and the functions of the Registrar, where there is a change in the registered ownership of a registered motor vehicle:

  • (f) providing for the appointment, functions, and duties of agents for the purposes of effecting a change in the registered ownership of a registered motor vehicle:

  • (g) prescribing or authorising the Secretary to prescribe the form of certificates of registration for the purposes of this Part:

  • (h) authorising the Registrar to enter particulars of a change of registered ownership on the register, notwithstanding the failure of any party to comply with the requirements of section 20(1) or section 22(1), and prescribing the circumstances in which such particulars may be entered:

  • (i) [Repealed]

  (2) Without limiting the generality of subsection (1)(a), regulations under that provision may—

  • (a) define a class of motor vehicles by reference to—

    • (i) actual or intended vehicle usage:

    • (ii) ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Secretary:

    • (iii) loss of possession or control, whether because of theft or any other specified reason:

  • (b) provide that a registered owner whose application for an exemption from the requirement in section 5(1A)(a) is lodged with the Secretary more than 60 days after the date of expiry of the latest licence issued in respect of the vehicle to which the application relates is liable to pay, in respect of the period commencing on the day after that date of expiry and ending with the close of the day immediately preceding the date of lodgment of the application, an amount which is a proportionate amount of the appropriate annual vehicle licence fee:

  • (c) authorise the Secretary to grant an exemption from any requirements or fees referred to in subsection (1)(a) if he or she is satisfied, whether because the registered owner is intending to go overseas or will be hospitalised or for any other reason whatever, that the vehicle to which the application relates will not be used on a road while the exemption has effect:

  • (d) provide that exemptions referred to in subsection (1)(a) that are granted by the Secretary are to have effect for such period as the Secretary thinks fit in each case, subject to any limitations imposed by the regulations:

  • (e) provide that exemptions from the requirement in section 5(1A)(a), whether conferred by or under the regulations, have no effect while a vehicle is being used on a road:

  • (f) provide for the renewal and revocation of exemptions referred to in subsection (1)(a) that are granted by the Secretary.

  (3) The Governor-General may, by Order in Council, make regulations setting the number of demerit points to be recorded in respect of an offence under section 17 that concerns the driving of a motor vehicle.

  Preceding heading to Section 35A: inserted on 5 November 1993, by section 19 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110).

  Section 35A: inserted on 5 November 1993, by section 19 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 (1992 No 110).

  Section 35A: substituted on 30 April 1997, by section 11 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1997 (1997 No 2).

  Section 35A(1)(a): amended on 29 July 1995, by section 8 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1995 (1995 No 45).

  Section 35A(1)(b): repealed on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 35A(1)(c): repealed on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 35A(1)(d): repealed on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 35A(1)(i): repealed on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 35A(3): added, on 1 December 2009, by section 39(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).