Land Transport Act 1998 No 110 (as at 29 June 2009), Public Act

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Act by section

Schedule 3
Enactments amended

Section 215

EnactmentAmendment
1950, No 52—The Machinery Act 1950 (RS Vol 18, p 409)By omitting from the definition of the term tractor in section 2 the words the Transport Act 1962, and substituting the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
1956, No 65—The Health Act 1956 (RS Vol 31, p 467)By omitting from section 22C(2)(i) the words Ministry of Transport, and substituting the words Land Transport Safety Authority of New Zealand.
1957, No 87—The Summary Proceedings Act 1957 (RS Vol 9, p 583)

By inserting in the definition of the term infringement notice in section 2(1), after paragraph (f), the following paragraph:

  • (fa) Section 139 of the Land Transport Act 1998; or.

By repealing sections 9D and 9E (as inserted by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998), and substituting the following sections:

9D Power to impose penalties provided for in Land Transport Act 1998
  • (1) Where a person who is charged with any summary offence to which section 9C applies is found guilty of that offence by a Court presided over by a District Court Judge or pleads guilty to that offence, a Court presided over by one or more Community Magistrates—

    • (a) May, if that offence is an offence to which section 80 of the Land Transport Act 1998 applies, make, under that section, an order disqualifying the person from holding or obtaining a driver licence for such period as the Court thinks fit, whether or not the Court imposes any other penalty for the offence:

    • (b) Must, if that offence is a first or second offence to which section 32 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act an order under section 32 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the Court for special reasons relating to the offence thinks fit to order otherwise:

    • (c) Must, if that offence is an offence to which section 35 or section 38 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 35 or section 38 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the Court for special reasons relating to the offence thinks fit to order otherwise:

    • (d) Must, if that offence is a first or second offence to which section 56 or section 58 or section 60 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 56 or section 58 or section 60 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the Court for special reasons relating to the offence thinks fit to order otherwise:

    • (e) Must, if that offence is an offence to which section 57 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 57 of that Act disqualifying the person from holding or obtaining a driver licence for 3 months or more, unless the Court for special reasons relating to the offence thinks fit to order otherwise:

    • (f) May, if that offence is an offence to which section 59 of the Land Transport Act 1998 applies, make an order under that section disqualifying the person from holding or obtaining a driver licence for such period as the Court thinks fit, whether or not the Court imposes any other penalty for the offence:

    • (g) Must, if the offence is one to which section 65 of the Land Transport Act 1998 applies, make, subject to subsection (3) of that section, an order under that section requiring the person to attend an Assessment Centre and disqualifying the person from holding or obtaining a driver licence until the Director makes an order under section 100 of that Act removing that disqualification:

    • (h) Must, if the offence is one to which section 63 of the Land Transport Act 1998 applies, make, in addition to any other penalty the Court may impose, and notwithstanding section 94 of that Act, an order under section 63 of that Act disqualifying the person from driving any vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not exceeding 10 years as the Court thinks fit.

    (2) Nothing in this section restricts section 9C or any other duty or power of a Court presided over by one or more Community Magistrates—

    • (a) To disqualify any person from holding or obtaining a driver licence; or

    • (b) To impose any other penalty.

9E Ancillary powers under Criminal Justice Act 1985 and Land Transport Act 1998
  • A Court presided over by one or more Community Magistrates has, in exercising any power conferred on it by section 9C or section 9D,—

    • (a) Power to make, under section 138 of the Criminal Justice Act 1985 (which relates to the power to clear the Court and to forbid reports of proceedings), orders of any kind described in subsection (2) of that section:

    • (b) Power to make orders under section 140 of the Criminal Justice Act 1985 (which relates to the power to prohibit the publication of names and other particulars):

    • (c) All the powers and processes that a court has under the Criminal Justice Act 1985 or the Land Transport Act 1998 for the purpose of perfecting, or giving full effect to, any sentence imposed or order made under any of the provisions of those Acts referred to in section 9C or section 9D.

By inserting in section 19B(1), after the words the Transport Act 1962, the words or section 69 of the Land Transport Act 1998.

By omitting from section 19B(1)(a) the words that Act, and substituting the words the Transport Act 1962 or section 77(3)(a) of the Land Transport Act 1998.

By omitting from section 19B(1)(b) the words that Act, and substituting the words the Transport Act 1962 or section 2(1) of the Land Transport Act 1998,.

By omitting from section 19B(6) the words means a traffic officer or a constable and substituting the words has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

By omitting from section 20A(3)(c)(ii) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By repealing paragraph (b) of section 20A(10), and substituting the following paragraph:

  • (b) An enforcement officer under the Land Transport Act 1998:.

By repealing subsection (12) of section 20A, and substituting the following subsection:

  • (12) For the purposes of this section, the term minor offence means,—

    • (a) In the case of a summary offence under the Transport Act 1962 or the Land Transport Act 1998, any summary offence under either of those Acts for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $2,000:

    • (b) In any other case, means any summary offence for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $500.

By inserting in section 21, after subsection (2), the following subsection:

  • (2A) For the purposes of this section, a reminder notice that is in a form prescribed under the Land Transport Act 1998 is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act.

By inserting in section 24(1)(d), after the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986,, the words the Land Transport Act 1998,.

By repealing paragraph (d) of section 25(1), substituting the following paragraph:

  • (d) In the case of a summons to the defendant or other document required to be served on the defendant in proceedings for an offence against any Act, regulation, or bylaw to which section 68B(1) of the Transport Act 1962 or section 113(1) of the Land Transport Act 1998 applies, an enforcement officer under the Land Transport Act 1998:.

By repealing the item relating to the Transport Act 1962 in Part 2 of Schedule 1.

By inserting in Part 2 of Schedule 1, in its appropriate alphabetical order, the following item:

 “The Land Transport Act 199832(4)Driving while disqualified or contrary to limited licence or while licence suspended or revoked.
  36(1)Reckless or dangerous driving causing injury or death, or failing to stop and render assistance after person injured or killed.
  39(1)Causing injury or death while carelessly using vehicle.
  56(4)Contravening specified breath or blood-alcohol limit.
  58(3)Driving while under influence of drink or drug to such an extent as to be incapable of proper control of vehicle.
  60(3)Failing or refusing to allow blood specimen to be taken.
  61(1),(2)Causing injury or death while in charge of vehicle and having breath or blood alcohol level over specified limit, or to such an extent as to be incapable of proper control of vehicle.
  62(1)Causing injury or death while carelessly driving vehicle and under influence of drink or drug (other than an offence against section 61).”
1960, No 30—The Animals Protection Act 1960 (RS Vol 6, p 1)

By omitting from section 8(1) the words a traffic officer under the Transport Act 1962, and substituting the words an enforcement officer under the Land Transport Act 1998.

By omitting from section 8(2) the words a traffic officer, and substituting the words an enforcement officer under the Land Transport Act 1998.

1962, No 135—The Transport Act 1962 (RS Vol 16, p 659)

By repealing section 2(2).

By inserting in section 30(3), after the words for an offence against, the words or in respect of.

By repealing paragraph (b) of section 30(3), and substituting the following paragraph:

  • (b) Section 4 of the Railway Safety and Corridor Management Act 1992 (which relates to traffic at level crossings); or.

By omitting from section 30(3) the words driver's licence, and substituting the words driver licence.

By repealing subsection (1) of section 42A, and substituting the following subsection:

  • (1) In this Act, the term infringement offence means a stationary vehicle offence.

By repealing subsection (7) of section 42A, and substituting the following subsection:

  • (7) An infringement notice may be in the same form as an infringement notice under section 139(4) of the Land Transport Act 1998, so long as the associated reminder notice contains the details set out in section 140 of that Act; and those sections 139 and 140 apply with any necessary modifications for the purposes of this subsection.

By repealing subsection (8A) of section 42A, and substituting the following subsection:

  • (8A) The infringement fee payable for a stationary vehicle offence is the infringement fee specified in the Second Schedule for the offence that constitutes the stationary vehicle offence.

By omitting from section 42A(11) the words officer of the Authority and officer, and substituting, respectively, the words employee of the Authority and employee.

By omitting from section 43(1) the words or section 69C of this Act.

By omitting from section 52(a) the words Part II of the Land Transport Act 1993, and substituting the words the Land Transport Act 1998.

By inserting in section 52A, after the word regulation,, the word rule,.

By repealing paragraph (a) of section 52A, and substituting the following paragraph:

  • (a) A road controlling authority in accordance with any ordinary rule or emergency rule made under the Land Transport Act 1998; or.

By inserting in section 64(1)(aa), after the word by, the words or on behalf of.

By omitting from section 64(5) the words section 54 of the New Zealand Railways Corporation Act 1981, and substituting the words section 4 of the Railway Safety and Corridor Management Act 1992.

By omitting from sections 70C, 70D, 79A, 80, 196A, and 196B the words officer of the Authority wherever they appear, and substituting in each case the words employee of the Authority.

By omitting from sections 70B and 70C the words authorised officer of the Authority wherever they appear, and substituting in each case the words authorised employee of the Authority.

By omitting from section 70D(5)(b) the words officer of the Authority, and substituting the words other person.

By inserting in 70D(5)(b), after the words constable or officer, the words or other authorised person.

By omitting from section 70D(8)(a) the words officer of the Authority, and substituting the words other person.

By omitting from section 70D(8)(b) the words officer of the Authority, and substituting the words other person.

By omitting from section 70D(9) the words or other officer, and substituting the words or other authorised person.

By omitting from section 70H(1)(a) the words driver's licence, and substituting the words driver licence.

By omitting from section 70H(1)(a) the words under section 48(2)(e) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

By repealing section 77(1)(fg).

By repealing section 199(1)(a) and (b).

1964, No 135—The Education Act 1964 (RS Vol 34, p 355)

By repealing subsection (2) of section 201A and substituting the following subsection:

  • (2) For the purposes of section 201D,—

    Contract, in relation to the carriage of passengers or goods or the letting of motor vehicles on hire by any transport service,—

    • (a) Means a contract in writing signed by the parties to it for the carriage of any passenger or goods or letting of a motor vehicle on hire (otherwise than under a hire-purchase agreement) on a specified occasion or on specified occasions or during a specified period; and

    • (b) Includes a contract for the carriage of passengers for hire by means of taxicab, whether or not the contract is in writing; but

    • (c) Does not include a contract which is evidenced by the issue of a ticket:

    Passenger service and rental service have the meanings given to them in the Transport Services Licensing Act 1989

    Taxicab service means a passenger service.

1966, No 51—The Airport Authorities Act 1966 (RS Vol 17, p 1)By omitting from section 9(7) the expression 41B, and substituting the expression 41A.
1968, No 35—The Estate and Gift Duties Act 1968 (RS Vol 28, p 341)By omitting from the definition of the term personal chattels in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1974, No 66—The Local Government Act 1974 (RS Vol 25, p 1)

By omitting from the definition of the term vehicle in section 336(14) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from section 591A(1)(d) the words section 2 of the Transport Act 1962, and substituting the expression subsection (5).

By adding to section 591A the following subsection:

  • (5) In this section,—

    Motorcar

    • (a) Means a motor vehicle (other than a motor cycle or moped) designed exclusively or principally for the carriage of persons not exceeding 9 in number inclusive of the driver; and

    • (b) Includes a motor vehicle which is designed principally for the carriage of passengers but which has rear doors and collapsible rear seats:

    Motor cycle

    • (a) Means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a side car; and

    • (b) Includes any vehicle with motor cycle controls that has an engine cylinder capacity exceeding 50 cubic centimetres or has a maximum speed exceeding 50 kilometres per hour; but

    • (c) Does not include a moped.

By inserting in clause 11C of Schedule 10, after paragraph (e), the following paragraph:

  • (ea) The Land Transport Act 1998:.

By omitting from clause 11C(f) of Schedule 10 the expression paragraphs (a) to (e), and substituting the expression paragraphs (a) to (ea).

1975, No 127—The Motor Vehicle Dealers Act 1975 (RS Vol 5, p 749)

By adding to the definition of the term defect in section 2(1) the words or evidence of vehicle inspection under the Land Transport Act 1998.

By inserting in the definition of the term secondhand motor vehicle in section 2(1), after the words the Transport Act 1962 or, the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or.

By inserting in section 93(2)(a), after the words the Transport Act 1962, the words or current evidence of vehicle inspection issued under the Land Transport Act 1998.

By inserting in section 102A(a), after the words the Transport Act 1962, the words or current evidence of vehicle inspection under the Land Transport Act 1998.

1977, No 66—The Reserves Act 1977 (RS Vol 36, p 603)By omitting from section 110(7) the words the Transport Act 1962, and substituting the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
1977, No 84—The Gaming and Lotteries Act 1977 (RS Vol 33, p 17)By omitting from the definition of the term vehicle in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1977, No 124—The Road User Charges Act 1977 (RS Vol 21, p 759)

By omitting from the definition of the term owner in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By repealing the definitions of the terms trailer and unladen weight, and substituting the following definitions:

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:

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.

By omitting from the definition of the term vehicle in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from the definition of the term weight in section 2(1) the words Land Transport Safety Authority of New Zealand in both places where they appear, and substituting in each case the words Minister of Police.

By omitting from the definition of the term weight in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By inserting in section 23(6), after the words or a distance recorder offence, the words or as an infringement offence under the Land Transport Act 1998

By inserting in section 23(6), after the words section 42A of that Act, the words or the Land Transport Act 1998.

By omitting from section 23A(1)(b) the words or any regulations made under this Act or the Transport Act 1962, and substituting the words or the Land Transport Act 1998 or any regulations made under any of those Acts.

By omitting from section 23B(2)(a) the word officer, and substituting the word employee.

By omitting from section 23B(2)(a) the words established by section 15 of the Land Transport Act 1993, and substituting the words of New Zealand.

By omitting from section 23B(2) the words that authorised officer or employee, and substituting the words that authorised employee.

By repealing section 24(1)(b).

By inserting in section 24(1)(f), after the words warrant of fitness, the words , or evidence of vehicle inspection under the Land Transport Act 1998,.

1979, No 41—The Litter Act 1979

By repealing the definition of the term Traffic Officer in section 2(1), and substituting the following definition:

Traffic officer means an enforcement officer under the Land Transport Act 1998.

1980, No 66—The National Parks Act 1980 (RS Vol 36, p 517)

By omitting from the definition of the term motor vehicle in section 2 the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from the definition of the term vehicle in section 2 the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from section 71(9) the words the Transport Act 1962, and substituting the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

1981, No 12—The Petroleum Demand Restraint Act 1981

By adding to section 8(1) the expression ; or and also the following paragraph:

  • (d) The Land Transport Act 1998.

By repealing section 19, and substituting the following section:

19
  • Powers of enforcement officers—An enforcement officer under the Land Transport Act 1998, if for the time being in uniform or in possession of any warrant or other evidence of his or her authority as an enforcement officer, is authorised to enforce the provisions of this Act or any regulations made under this Act on any road as defined in section 2 of that Act.

By adding to the definition of the term proceedings in section 22(1) the words or under section 139 of the Land Transport Act 1998.

By omitting from section 22(2)(b) the words section 16 of the Transport Act 1962, and substituting the words section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

By inserting in section 22(8), after the words the Transport Act 1962, the words and section 139 of the Land Transport Act 1998,.

By repealing subsections (9) and (10) of section 22, and substituting the following subsections:

  • (9) Where any petroleum demand restraint regulations specify that an offence against those regulations is an infringement offence, those regulations must specify the infringement fee (which fee must not exceed $100) that is payable in respect of that offence and that infringement fee is,—

    • (a) For the purposes of section 42A of the Transport Act 1962 deemed to be specified in respect of that offence in the Second Schedule of that Act:

    • (b) For the purposes of sections 138 to 141 of the Land Transport Act 1998, deemed to be specified in respect of that offence by regulations made under that Act.

  • (10) In this section,—

    Motor vehicle has the meaning given to it in section 2(1) of the Land Transport Act 1998

    Use, in relation to a motor vehicle, includes driving, drawing, or propelling by means of another vehicle, and permitting to be on a road.

1981, No 23—The Juries Act 1981

By repealing the definition of the term Traffic Officer in section 2, and substituting the following definition:

Traffic Officer means an enforcement officer under the Land Transport Act 1998

1981, No 35—The Public Works Act 1981By omitting from section 239(8) the words the Transport Act 1962, and substituting the words the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
1981, No 119—The New Zealand Railways Corporation Act 1981

By omitting from subsection (4), and also from subsection (5), of section 16 the words Part VII of the Transport Act 1962, and substituting in each case the words the Transport Services Licensing Act 1989.

By omitting from section 119A the words or the Transport Services Licensing Act 1989, and substituting the words the Transport Services Licensing Act 1989, or the Land Transport Act 1998.

1983, No 46—The Civil Defence Act 1983

By omitting from section 18(2) the words a traffic officer appointed under the Transport Act 1962, and substituting the words an enforcement officer under the Land Transport Act 1998.

By omitting from section 18(2) the words a traffic officer, and substituting the words an enforcement officer.

  
1986, No 6—The Transport (Vehicle and Driver Registration and Licensing) Act 1986

By omitting from the definition of the term Authority in section 2(1) the words established by section 15 of the Land Transport Act 1993, and substituting the words continued by section 184 of the Land Transport Act 1998.

By omitting from the definition of the term Director in section 2(1) the words section 24 of the Land Transport Act 1993, and substituting the words section 186 of the Land Transport Act 1998.

By inserting in section 2(1), after the definition of the term officer of the Authority, the following definition:

Prescribed fees means the applicable fees and charges prescribed for the purposes of Part I of this Act by regulations made under the Land Transport Act 1998.

By repealing the definition of the term traffic officer in section 2(1), and substituting the following definition:

Traffic officer means an enforcement officer under the Land Transport Act 1998.

By omitting from section 6A the words a current vehicle inspection certificate issued under the Transport Act 1962 by an authorised inspection agent, and substituting the words current evidence of vehicle inspection issued under the Land Transport Act 1998.

By repealing paragraph (ba) of section 7(2), and substituting the following paragraph:

  • (ba) Current evidence of vehicle inspection issued under the Land Transport Act 1998:.

By inserting in section 11(4)(a)(ii), after the words certificate of fitness, the words , or evidence of vehicle inspection under the Land Transport Act 1998,.

By inserting in section 19(2)(a)(ii), after the words certificate of fitness, the words , or evidence of vehicle inspection under the Land Transport Act 1998,.

By repealing section 19(6).

By repealing paragraphs (b), (c), (d), and (i) of section 35A(1).

By omitting from section 36 the words fees and charges, and substituting the words prescribed fees.

1987, No 65—The Conservation Act 1987 (RS Vol 36, p 1)By omitting from the definition of the term vehicle in section 2(1) the words Transport Act 1962, and substituting the words Land Transport Act 1998.
1989, No 14—The Motor Vehicle Securities Act 1989By adding to the definition of the term vehicle identification number in section 2(1) the words or rules made under the Land Transport Act 1998.
1989, No 24—The Children, Young Persons, and Their Families Act 1989

By repealing paragraph (b) of the definition of the term enforcement officer in section 2(1), and substituting the following paragraph:

  • (b) An enforcement officer (as defined in section 2(1) of the Land Transport Act 1998):.

By repealing paragraph (a) of the definition of the term traffic offence in section 2(1), and substituting the following paragraph:

  • (a) Any offence against the Transport Act 1962 or the Land Transport Act 1998, or against any regulation or bylaw made under either of those Acts:.

By repealing section 233, and substituting the following section:

233
  • Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected—Nothing in the provisions of sections 214 to 232 limits or affects the powers of an enforcement officer under any of the provisions of sections 68 to 72 of the Land Transport Act 1998.

By omitting from section 293A(1)(b) the words section 30 or section 30AA or section 30AB of the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from section 293A(1)(c) the words section 30A of the Transport Act 1962, and substituting the words section 65 of the Land Transport Act 1998.

By omitting from section 293A(3) the words sections 30B to 30D and 33 to 41 of the Transport Act 1962, and substituting the words Parts 5 to 7 of the Land Transport Act 1998.

By omitting from section 293A(3) the words Part IV of.

By omitting from section 293A(4) the words section 30AA(4) or section 30A(1)(a) of the Transport Act 1962, and substituting the words section 32(1) or section 65(1) of the Land Transport Act 1998.

By omitting from section 293A(5) the words section 30B(1) of the Transport Act 1962, and substituting the words section 65(4) of the Land Transport Act 1998.

By repealing section 294, and substituting the following section:

294 Demerit points
  • Where—

    • (a) A charge against a young person is proved before a Youth Court; and

    • (b) The offence is such that, if the offender were convicted in a District Court, the Director of Land Transport Safety would be obliged under section 88 of the Land Transport Act 1998 to record demerit points in respect of the offender,—

    the young person is, unless the information is discharged under section 282 of this Act, deemed, for the purposes of sections 88 to 91 of the Land Transport Act 1998 and of any regulations made under section 167(1)(g) of that Act, to have been convicted of that offence, and the provisions of those sections of that Act and those regulations apply accordingly with all necessary modifications.

By omitting from section 394(4) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

1989, No 74—The Transport Services Licensing Act 1989

By omitting from the definition of the term Authority in section 2(1), the words established by section 15 of the Land Transport Act 1993, and substituting the words continued by section 184 of the Land Transport Act 1998.

By omitting from the definition of the term Director in section 2(1), the words section 24 of the Land Transport Act 1993, and substituting the words section 186 of the Land Transport Act 1998.

By repealing the definition of the term gross laden weight in section 2(1), and substituting the following definition:

Gross laden weight has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

By repealing the definition of the term motor vehicle in section 2(1), and substituting the following definition:

Motor vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

By repealing the definition of the term traffic officer in section 2(1), and substituting the following definition:

Traffic officer means an enforcement officer under the Land Transport Act 1998.

By omitting from section 2(2) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By repealing subsection (2) of section 17, and substituting the following subsection:

  • (2) Nothing in this section or in sections 14 to 16 derogates from or affects any power of the Director under the Land Transport Act 1998, or under rules made under that Act, to revoke, suspend, or otherwise deal with any driver licence.

By repealing paragraph (a) of section 18(2), and substituting the following paragraph:

  • (a) Any exemption granted under the Land Transport Act 1998, or

By omitting from section 19(2)(a) the words on a form provided by the Director, or in such other manner as may be prescribed by regulations made under the Transport (Vehicle and Driver Registration and Licensing) Act 1986, and substituting the words in accordance with the Land Transport Act 1998 and rules made under that Act.

By omitting from section 19(2)(a)(i) the words the Director or as is prescribed in any such regulations, and substituting the words the Land Transport Act 1998 and rules made under that Act.

By omitting from section 19(2)(d) the words the Director or prescribed in the regulations, and substituting the words the Land Transport Act 1998 and rules made under that Act.

By omitting from section 65 the words under this Act, and substituting the words for the purposes of this Act.

By repealing section 66(a).

By inserting in item 1 of Part 2 of Schedule 1, after the words running on, the words self-laying.

By repealing so much of Schedule 2 as relates to sections 69A(3) and 68B(3) of the Transport Act 1962.

By inserting in the appropriate columns in Schedule 2, after the items relating to the Road User Charges Act 1977, the following items:

 Land Transport Act 199852(1)(c)Contravening section 118 by failing to give information about driver15 -
  52(1)(b) or (c)Contravening section 113(2) or (3), or section 115, by failing to comply with directions given by enforcement officer25 25
  52(1)(c)Failing to comply with direction of enforcement officer given under section 125 or section 126 about stopping, inspecting, weighing, or off-loading overweight vehicle25 25
 

By repealing paragraph (c) of clause 18 of the Annex to Part 3 of Schedule 3, and substituting the following paragraph:

  • (c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against any of sections 56, 57, and 58 of the Land Transport Act 1998:.

By inserting in paragraph (f) of that clause 18, after the words the Transport Act 1962,, the words the Land Transport Act 1998,.

By inserting in that paragraph (f) of clause 18, after the word regulations,, the word rules,.

1989, No 75—The Transit New Zealand Act 1989

By omitting from the definition of the term Director of Land Transport Safety in section 2(1), the words section 24 of the Land Transport Act 1993, and substituting the words section 186 of the Land Transport Act 1998.

By omitting from paragraph (a) of the definition of the term fees and charges in section 2(1) the words levied under and substituting the words prescribed for the purposes of.

By omitting from the definition of the term Land Transport Safety Authority in section 2(1) the words established by section 15 of the Land Transport Act 1993, and substituting the words continued by section 184 of the Land Transport Act 1998.

By repealing the definition of the terms national land transport strategy and strategy in section 2(1), and substituting the following definition:

National land transport strategy or strategy means a national land transport strategy completed and signed by the Minister under section 171 of the Land Transport Act 1998, as from time to time amended under section 173 of that Act.

By omitting from the definition of the term regional land transport committee in section 2(1) the words section 29I of the Land Transport Act 1993, and substituting the words section 178 of the Land Transport Act 1998.

By omitting from the definition of the term regional land transport strategy in section 2(1), the words section 29F of the Land Transport Act 1993, and substituting the words section 175 of the Land Transport Act 1998.

By repealing the definition of the term traffic officer in section 2(1), and substituting the following definition:

Traffic officer means an enforcement officer under the Land Transport Act 1998.

By omitting from section 3C(1)(g) the words the Land Transport Act 1993, and substituting the words the Land Transport Act 1998.

By omitting from paragraph (b), and also from paragraph (c), of section 8 the words payable under, and substituting in each case the words payable for the purposes of.

By omitting from section 10(2)(b)(iii) the words in accordance with, and substituting the words for the purposes of.

By omitting from section 42F(10) the words established under section 29I of the Land Transport Act 1993.

By omitting from section 42M(3)(c) the words prepared under section 29F of the Land Transport Act 1993.

By inserting in section 61(2B), after the words the Transport Act 1962,, the words or under regulations or rules made under the Land Transport Act 1998,.

By omitting from section 79(5)(a) the words and of any regulations in force under that Act, and substituting the words and the Land Transport Act 1998, and of any regulations or rules in force under either of those Acts.

1990, No 32—The New Zealand Walkways Act 1990 (RS Vol 36, p 583)By omitting from the definition of the term motor vehicle in section 2 the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1990, No 99—The Transport Accident Investigation Commission Act 1990By omitting from the definition of the term Land Transport Authority in section 2 the words established by section 15 of the Land Transport Act 1993, and substituting the words continued by section 184 of the Land Transport Act 1998.
1991, No 69—The Resource Management Act 1991 (RS Vol 32, p 131)By omitting from section 326(1)(b) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1991, No 150—The Building Act 1991By omitting from section 3(1)(e) the words section 2(1) of the Transport Act 1962 and section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, and substituting the words section 2(1) of the Land Transport Act 1998.
1992, No 13—The Accident Rehabilitation and Compensation Insurance Act 1992By omitting from the definition of the term road in section 3 the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1992, No 122—The Electricity Act 1992By omitting from the definition of the term vehicle in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.
1992, No 124—The Gas Act 1992By adding to section 3(2)(a)(iii) the words or the Land Transport Act 1998.
1993, No 28—The Privacy Act 1993

By omitting from Part 1 of Schedule 2 the expression Sections 18 and 45 where it appears in the second column opposite the entry relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986, and substituting the expression Section 18.

By adding to Part 1 of Schedule 2 the following entries:

Land Transport Act 1998 Section 199.

By omitting from the first column of Schedule 5, under the heading Land Transport Safety Authority Records, the words Drivers' licences register, and substituting the words Driver licence register (except photographic images on driver licences).

By omitting from the second column under that heading the word drivers' licences (whether issued by the Land Transport Safety Authority of New Zealand or a local body), and substituting the words driver licences.

By omitting from the third column of Schedule 5, opposite the item relating to the motor vehicles register, the words Section 17(1) of the Land Transport Act 1993, and substituting the words Section 190(1) of the Land Transport Act 1998.

1994, No 164—The Income Tax Act 1994 
1996, No 30—The Hazardous Substances and New Organisms Act 1996

By omitting from the definition of the term motor vehicle in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

By omitting from the definition of the term road in section 2(1) the words the Transport Act 1962, and substituting the words the Land Transport Act 1998.

1997, No 3—The Transport Amendment Act 1997By repealing section 3(2).
1997, No 60—The Trans Tasman Mutual Recognition Act 1997By omitting from Schedule 3, under the heading Laws Relating to Road Vehicles, the words Land Transport Act 1993, and substituting the words Land Transport Act 1998.
  • The item relating to the Income Tax Act 1994 was repealed, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35).

  • The item relating to the Criminal Justice Act 1985 was repealed, as from 30 June 2002, by section 187 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the transitional and savings provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

  • The items relating sections 37S(1)(h), 587(1), 588(1), 589, 590, and 709A(1) of the Local Government Act 1974 were repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

  • The item relating to the definition of local authority in section 2(1) of the Transport Act 1962 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.