accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place whether or not a journey is involved

Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purpose of propulsion of a vehicle

ambulance means a motor vehicle designed and used principally for the carriage of sick or injured persons

apparently younger than 20 has the same meaning as it has in section 71

approved analyst means—

• (a) a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or

• (b) a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case:

approved health authority means an institution approved by the Minister, with the agreement of the Minister of Health, for the purposes of section 209

approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Act

approved taxi organisation means a taxi organisation approved or deemed to be approved by the Agency under this Act, the regulations, or the rules

approved vehicle surveillance equipment means vehicle surveillance equipment of a kind approved by the Minister of Police, by notice in the Gazette

assessment centre means an establishment for the time being approved as an assessment centre for the purposes of this Act by the chief executive of the Ministry of Health

axle means 1 or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on those shafts, spindles, or bearings, a portion of the weight of the vehicle is transmitted to the roadway; and, except as the provisions of this Act or of the rules otherwise provide, the following provisions apply for the purposes of this Act and the regulations and rules

• (a) if 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:

• (b) if the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle (a dual axle):

• (c) for the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that 1 of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured:

blood specimen means a specimen of venous blood taken in accordance with normal medical procedures

blood specimen collecting kit means a package having endorsed on it or affixed to it or included in it a label indicating that it is a blood specimen collecting kit and that it has been supplied by or on behalf of a laboratory for the time being approved by the Science Minister, by notice in the Gazette, for the purpose of supplying or causing to be supplied blood specimen collecting kits

blood test means the analysis of a blood specimen

blood test fee means the fee for the analysis of a blood specimen prescribed by the Minister of Police, by notice in the Gazette, under section 67

Board

[Repealed]

Board: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

Board and Transfund

[Repealed]

Board and Transfund: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

Board and Transfund: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

breath screening device means a device of a kind approved for the purpose of breath screening tests by the Minister of Police, by notice in the Gazette

breath screening test means a test carried out by means of a breath screening device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

carriage includes haulage

certificate of compliance means a certificate given under section 75A by a person authorised by the Science Minister

certificate of compliance: this definition was inserted, as from 29 December 2001, by section 4(1) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

certificate of loading means a certificate of loading issued under the regulations or the rules

commercial public transport service has the same meaning as in section 4 of the Public Transport Management Act 2008

Commissioner means the Commissioner of Police

compulsory impairment test means a test, carried out in a manner prescribed by the Minister of Police by notice in the Gazette, to determine whether a person’s capacity to drive is impaired

Conclusive evidential breath-testing device

[Repealed]

Conclusive evidential breath-testing device: this definition was repealed, as from 29 December 2001, by section 4(2) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

Court means a District Court

cumulative work day means a period—

• (a) during which work occurs; and

• (b) that—

  • (i) does not exceed 24 hours; and

  • (ii) begins after a continuous period of rest time of at least 10 hours

cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours

dangerous goods means goods declared by rules made under this Act to be dangerous goods

dangerous goods enforcement officer means a person appointed by warrant under section 208

design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning

doctor's surgery means a medical practitioner's surgery or any other place where a medical examination or medical care or treatment is carried out or given

Doctor's surgery: this definition was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”. See sections 178 to 227 of that Act as to the transitional provisions.

drink means alcoholic drink

driver, in relation to a vehicle, includes the rider of the motor cycle or moped or bicycle; and drive has a corresponding meaning

driver licence means a licence to drive that is issued or has effect under this Act; and includes an endorsement on a driver licence

enforcement authority, in relation to an infringement offence, means—

• (a) the New Zealand Police, in any case:

• (b) the Agency, in the case of an infringement offence for which an infringement notice is issued by an employee of the Agency or on behalf of the Agency:

• (c) [Repealed]

• (d) a local authority, in the case of an infringement offence—

  • (i) that relates to the use of a special vehicle lane; and

  • (ii) for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:

• (e) a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 of the Land Transport Management Act 2003, in the case of an infringement offence that is a toll offence.

enforcement officer means—

• (a) A sworn member of the Police:

• (b) A non-sworn member of the Police who is authorised for the purpose by the Commissioner:

• (c) A person who is appointed to that office by warrant under section 208 or who holds that office by virtue of this Act:

evidence of vehicle inspection, in relation to a vehicle, means any certificate, label, or document issued under this Act as evidence of the completion of the periodic vehicle inspection requirements in respect of that vehicle

evidential breath test means a test carried out by means of an evidential breath-testing device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette

evidential breath-testing device means a device of a kind approved for the purpose of evidential breath tests by the Minister of Police, by notice in the Gazette

financial year, in relation to the Agency, means the period of 12 months commencing on 1 July and ending with the close of 30 June

fire brigade includes—

• (a) a volunteer fire brigade, a defence fire brigade, and an industrial fire brigade (as those terms are defined in section 2 of the Fire Service Act 1975); and

• (b) an airport fire brigade; and

• (c) the employed firefighters or other members of any fire brigade referred to in this definition:

former enactment means a provision of the Transport Act 1962, or of Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or of the Land Transport Act 1993, repealed by this Act

goods means all kinds of movable personal property; and includes articles sent by post, and animals

goods service—

• (a) means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and

• (b) includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but

• (c) does not include—

  • (i) a vehicle recovery service; or

  • (ii) a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or

  • (iii) any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or

  • (iv) the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or

  • (v) the use of vintage vehicles to carry goods for display purposes; or

  • (vi) the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or

  • (vii) any service specified as an exempt goods service in the regulations or the rules

goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service

goods service vehicle—

• (a) means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but

• (b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules

gross laden weight, in relation to a motor vehicle, means—

• (a) the greatest of the following weights:

  • (i) a weight specified (subsequent to the latest modification specified, if any) as the gross laden weight of the vehicle by the manufacturer of the vehicle:

  • (ii) a weight specified as the gross laden weight of the vehicle, or of a vehicle of that kind, by or under the regulations or the rules:

  • (iii) the weight of the vehicle, together with the load that the vehicle is for the time being carrying, including equipment and accessories:

• (b) if evidence is adduced in respect of any but not all of the 3 weights referred to in paragraph (a), the greater of the weights, or (as the case may be) the only weight, in respect of which evidence is adduced:

• (c) if evidence is not adduced in respect of any of the weights referred to in paragraph (a), the total of the unladen weight of the vehicle and the weight of the maximum load that the vehicle may safely carry:

gross weight, in relation to a vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load that the vehicle or (as the case may be) the vehicles are for the time being carrying, including equipment and accessories; and, for the purposes of this Act and of the regulations and the rules, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles

health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003

heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) having a gross laden weight exceeding 3 500 kg

hospital means a licensed hospital as defined in section 2 of the Hospitals Act 1957

image, in relation to approved vehicle surveillance equipment, includes a photograph, an electronic form of information storage, and the display and transmission of any pictorial or digital information

infringement offence means—

• (a) a moving vehicle offence:

• (b) an overloading offence:

• (ba) an offence against this Act concerning logbooks that is committed by a transport service driver:

• (c) an infringement offence specified in Schedule 2 of the Transport Act 1962:

• (ca) a toll offence:

• (d) any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence):

Invalid carriage

[Repealed]

Invalid carriage: this definition was repealed, as from 22 June 2005, by section 4(2) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

land transport means transport on land by any means and the infrastructure facilitating such transport; and includes rail, surface-effect vehicles, and harbour ferries

land transport documents means licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Government Roading Powers Act 1989, or this Act

land transport register includes—

• (a) registers kept under this Act, the Railways Act 2005, ; and

• (b) other information and records relating to vehicle and operator licensing kept by the Agency:

large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)

licensed means,—

• (a) in relation to a driver,—

  • (i) licensed by or under this Act to drive vehicles of a specified class or classes; or

  • (ii) licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:

• (b) in relation to a vehicle, licensed under Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:

light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

light rail vehicle: this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

light rental service vehicle means a rental service vehicle having a gross laden weight of not more than 3 500 kg

load—

• (a) includes part of a load; and

• (b) includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but

• (c) does not include animal wastes discharged from animals being carried on a vehicle at the time:

local authority means any regional council or territorial authority within the meaning of the Local Government Act 2002

Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

logbook means a logbook that is in a form approved by the Agency in accordance with the rules, and includes any alternative means approved under section 30ZG

mass, in relation to a vehicle, means the quantity of material contained in or on that vehicle that, when subjected to acceleration due to gravity, will exert downwards on a level surface a force that can be measured as the weight of the vehicle

medical expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen

medical officer means—

• (a) a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or

• (b) a nurse; or

• (c) a medical laboratory technologist

medical officer: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

medical laboratory technologist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

member means a person appointed as a member of the Agency

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Minister: this definition was substituted, as from 1 December 2004, by section 3(1) and (2) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

Minister of Police means, subject to any enactment, the Minister who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the Police

Ministry means, subject to any enactment, the Ministry that is, with the approval of the Prime Minister, for the time being responsible for the administration of this Act

mobility device means—

• (a) a vehicle that—

  • (i) is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and

  • (ii) is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or

• (b) a vehicle that the Agency has declared under section 168A(1) to be a mobility device

motor vehicle—

• (a) means a vehicle drawn or propelled by mechanical power; and

• (b) includes a trailer; but

• (c) does not include—

  • (i) a vehicle running on rails; or

  • (ii) [Repealed]

  • (iii) a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

  • (iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

  • (v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

  • (vi) a pedestrian-controlled machine; or

  • (vii) a vehicle that the Agency has declared under section 168A is not a motor vehicle; or

  • (viii) a mobility device

moving vehicle offence means an offence detected by approved vehicle surveillance equipment that is—

• (a) a speeding offence; or

• (b) an offence in respect of the failure to comply with the directions given by a traffic signal; or

• (c) any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or against the Transport Act 1962 or any regulations or bylaws made under that Act, that is declared by regulations under this Act to be a moving vehicle offence for the purposes of this definition; or

• (d) a toll offence:

Moving vehicle offence: paragraph (c) of this definition was amended, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118) by inserting the expression “; or”. See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

Moving vehicle offence: paragraph (d) of this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

novice driver has the meaning specified by the rules

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

nurse: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

offence against this Act includes an offence against or prescribed by the regulations

operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning

optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry.

optometrist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

organised criminal activity means an activity that—

• (a) involves 2 or more persons; and

• (b) has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects

outputs means the goods and services that are produced by the Agency

overloading offence means an offence against any enactment that is specified as an overloading offence by the regulations

owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the vehicle, except where—

• (a) the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or

• (b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence,—

in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings

parking warden means a person appointed to hold the office of parking warden under section 7(1) of the Transport Act 1962

participant, in relation to the land transport system, means a person who does anything for which a land transport document is required

passenger service—

• (a) means—

  • (i) the carriage of passengers on any road for hire or reward by means of a motor vehicle; and

  • (ii) the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and

• (b) includes the carriage of passengers on any road—

  • (i) that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or

  • (ii) by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or

  • (iii) in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made

  • (iv) in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or

  • (v) that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but

• (c) does not include—

  • (i) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or

  • (ii) any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or

  • (iii) any service specified as an exempt passenger service in the regulations or the rules

passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a passenger service

passenger service vehicle—

• (a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but

• (b) does not include—

  • (i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or

  • (ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules

passive breath-testing device means a passive breath-testing device of a kind approved by the Minister of Police, by notice in the Gazette

Performance agreement

[Repealed]

Performance agreement: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

positive evidential breath test means an evidential breath test that indicates that the proportion of alcohol in the breath of the person who underwent the test,—

• (a) in any case, exceeds 400 micrograms of alcohol per litre of breath; or

• (b) in the case of a person who is apparently younger than 20, exceeds 150 micrograms of alcohol per litre of breath;—

and positive, in relation to an evidential breath test, has a corresponding meaning

premises, in sections 130 and 131, includes a vehicle, rail vehicle, carriage, box, or receptacle; but does not include a dwelling or Maori reservation constituted by or under the Maori Affairs Act 1953 or Part 17 of Te Ture Whenua Maori Act 1993

Premises: this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words “rail vehicle,” after the word “vehicle,”. See sections 105 to 111 of that Act as to the transitional provisions.

prescribed means,—

• (a) in relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:

• (b) in relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment:

prescription medicine has the same meaning as in section 3(3) of the Medicines Act 1981

private analyst means a person qualified by academic or technical training in chemical or biochemical analysis; and includes a body corporate or organisation that employs such a person

proceedings, in relation to an infringement offence, means proceedings under the Summary Proceedings Act 1957; and includes the issue of an infringement notice under section 139

qualifying drug—

• (a) means any substance, preparation, mixture, or article containing—

  • (i) a controlled drug specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and

  • (ii) any of the following drugs:

    • (A) Alprazolam:

    • (B) Bromazepam:

    • (C) Brotizolam:

    • (D) Camazepam:

    • (E) Chlordiazepoxide:

    • (F) Clobazam:

    • (G) Clonazepam:

    • (H) Clotiazepam:

    • (I) Cloxazolam:

    • (J) Delorazepam:

    • (K) Diazepam:

    • (L) Estazolam:

    • (M) Ethyl loflazepate:

    • (N) Fludiazepam:

    • (O) Flunitrazepam:

    • (P) Flurazepam:

    • (Q) Halazepam:

    • (R) Haloxazolam:

    • (S) Ketazolam:

    • (T) Loprazolam:

    • (U) Lorazepam:

    • (V) Lormetazepam:

    • (W) Medazepam:

    • (X) Midazolam:

    • (Y) Nimetazepam:

    • (Z) Nitrazepam:

    • (ZA) Nordazepam:

    • (ZB) Oxazepam:

    • (ZC) Oxazolam:

    • (ZD) Pinazepam:

    • (ZE) Prazepam:

    • (ZF) Temazepam:

    • (ZG) Tetrazepam:

    • (ZH) Triazolam; and

• (b) includes—

  • (i) any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and

  • (ii) any prescription medicine; but

• (c) excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) if it is excluded by regulations made under this Act

rail operator has the same meaning as in section 4(1) of the Railways Act 2005

rail operator: this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

rail participant has the same meaning as in section 4(1) of the Railways Act 2005

rail participant: this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Rail service operator

[Repealed]

Rail service operator: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Rail service vehicle

[Repealed]

Rail service vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

rail vehicle: this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

regional council means a regional council within the meaning of the Local Government Act 2002

Regional council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

register of motor vehicles means a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

registered, in relation to a vehicle, means registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986

Registered medical practitioner

[Repealed]

Registered medical practitioner: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

Registered optometrist

[Repealed]

Registered optometrist: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

the regulations means regulations made under this Act and the regulations referred to in section 218

rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—

• (a) the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or

• (b) the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or

• (c) any service specified as an exempt rental service in the regulations or the rules

rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service

rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules

responsible clinician has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

rest time means all time that—

• (a) is not work time; and

• (b) is at least 30 minutes in duration; and

• (c) is not spent in a moving vehicle associated with work

road includes—

• (a) a street; and

• (b) a motorway; and

• (c) a beach; and

• (d) a place to which the public have access, whether as of right or not; and

• (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d):

• (f) all sites at which vehicles may be weighed for the purposes of this Act or any other enactment:

road controlling authority, in relation to a road,—

• (a) means the authority, body, or person having control of the road; and

• (b) includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority:

the rules means the ordinary rules and emergency rules made under this Act and the rules referred to in section 220

Science Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Foundation for Research, Science, and Technology Act 1990

secretary means the chief executive of the Ministry

service, in Part 4A, includes—

• (a) an operation carried out on 1 occasion only; and

• (b) an operation carried out solely for the benefit of the persons carrying it out

Service charter

[Repealed]

Service charter: this definition was repealed, as from 1 December 2004, by section 3(1) Land Transport Amendment Act 2004 (2004 No 96). See section 12 of that Act for the transitional provisions relating to rules.

site, in section 147, means a site where a dynamic axle weigher is used

small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

special vehicle lane has the meaning given to it in clause 1.6 of the Land Transport (Road User) Rule 2004.

special vehicle lane: this definition was inserted, as from 28 June 2006, by section 4(2) Land Transport Amendment Act (No 2) 2006 (2006 No 30).

speed limit means a speed limit set by or under this Act, the Transport Act 1962, the Local Government Act 1974, the Government Roading Powers Act 1989, or the rules

speeding offence means an offence which consists solely of exceeding a speed limit

storage provider means a person who stores vehicles impounded under this Act

taxi means a motor vehicle that is—

• (a) a small passenger service vehicle; and

• (b) fitted with a sign on its roof displaying the word “taxi” and any other signs required by the regulations or the rules; and

• (c) in use or available for use for hire or reward for the carriage of passengers other than on defined routes

taxi service means a passenger service carried on by means of a taxi or taxis

territorial authority means a territorial authority within the meaning of the Local Government Act 2002

Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

toll has the same meaning as in section 5 of the Land Transport Management Act 2003

toll: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

toll offence means an offence against section 54(1) of the Land Transport Management Act 2003.

toll offence: this definition was inserted, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

traction engine means a vehicle that—

• (a) is propelled by steam power; and

• (b) is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; and

• (c) is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation

traffic control device includes any—

• (a) sign, signal, or notice; or

• (b) traffic calming device; or

• (c) marking or road surface treatment—

used on a road for the purpose of traffic control

Transit New Zealand

[Repealed]

Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118). See sections 108 and 109 of that Act as to the savings provisions relating to regional land transport strategies.

transport service—

• (a) means any goods service, passenger service, rental service, or vehicle recovery service; but

• (b) does not include—

  • (i) a rail service within the meaning of section 2(1) of the Transport Services Licensing Act 1989; and

  • (ii) any service specified as an exempt transport service in the regulations or the rules

transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A:

• (a) a goods service licence:

• (b) a passenger service licence:

• (c) a rental service licence:

• (d) a vehicle recovery service licence

transport service operator means a person who carries on a transport service, whether or not that person employs personnel to assist in doing so on its behalf; but does not include those personnel

transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—

• (a) a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; or

• (b) a vehicle running on self-laying tracks or rollers; or

• (c) a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or

• (d) a vehicle used as a place of abode to the extent that it is not used in a rental service; or

• (e) a vehicle listed as a farm vehicle in Part 1 of the Schedule to the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or

• (f) a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour; or

• (g) a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or

• (h) a hearse; or

• (i) a traction engine

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 it that are necessary for its operation for the purpose for which it was designed

unlicensed, in relation to a driver, includes holding an expired licence

unlicensed: this definition was inserted, as from 22 June 2005, by section 4(4) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

vehicle—

• (a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and

• (b) includes a hovercraft, a skateboard, in-line skates, and roller skates; but

• (c) does not include—

  • (i) a perambulator or pushchair:

  • (ii) a shopping or sporting trundler not propelled by mechanical power:

  • (iii) a wheelbarrow or hand-trolley:

  • (iv) [Repealed]

  • (v) a pedestrian-controlled lawnmower:

  • (vi) a pedestrian-controlled agricultural machine not propelled by mechanical power:

  • (vii) an article of furniture:

  • (viii) a wheelchair not propelled by mechanical power:

  • (ix) any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:

  • (x) any rail vehicle:

Vehicle: paragraph (c)(iv) of this definition was repealed, as from 22 June 2005, by section 4(11) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

Vehicle: paragraph (viii) of this definition was amended, as from 22 June 2005, by section 4(12) Land Transport Amendment Act 2005 (2005 No 77) by substituting “a” for “An invalid”. See sections 96 to 100 of that Act as to the transitional and savings provisions.

Vehicle: paragraph (c)(x) of this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

vehicle recovery service—

• (a) means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but

• (b) does not include—

  • (i) the towing or carrying of any motorcycle or moped; or

  • (ii) the towing or carrying of one motor vehicle by another where—

    • (A) the towing or carrying is not carried out directly or indirectly for reward; and

    • (B) the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or

  • (iii) the towing or carrying of a vehicle by a person who owns the vehicle; or

  • (iv) the towing of disabled vehicles using a rope or flat tow by—

    • (A) a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or

    • (B) the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or

  • (v) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or

  • (vi) routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or

  • (vii) any service where the Agency has provided the transport service operator with a written notice that—

    • (A) must be carried in the vehicle used in the service; and

    • (B) specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or

  • (viii) any service specified as an exempt vehicle recovery service in the regulations or the rules

vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service

vehicle recovery service vehicle—

• (a) means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but

• (b) does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules

weight,—

• (a) in relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice in the Gazette, and used in a manner prescribed by the Minister of Police, by notice in the Gazette:

• (b) in relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight

work time means all time spent performing work-related duties, including, but not limited to,—

• (a) driving vehicles to which subpart 1 of Part 4B applies:

• (b) loading and unloading:

• (c) maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):

• (d) administration or recording:

• (e) any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.

imprisonment excludes—

• (a) corrective training; or

• (b) borstal training; or

• (c) detention centre training

specified serious offence means—

• (a) murder; or

• (b) a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or

• (c) an offence against any of the following sections of the Crimes Act 1961:

  • (i) section 173 (attempt to murder):

  • (ii) section 174 (counselling or attempting to procure murder):

  • (iii) section 175 (conspiracy to murder):

  • (iv) section 176 (accessory after the fact to murder):

  • (v) section 188 (wounding with intent):

  • (vi) section 189(1) (intent to cause bodily harm by injury):

  • (vii) section 191 (aggravated wounding or injury):

  • (viii) section 198 (discharging firearm or doing dangerous act with intent):

  • (ix) section 199 (acid throwing):

  • (x) section 200(1) (intent to cause grievous bodily harm by poison):

  • (xi) section 201 (infecting with disease):

  • (xii) section 208 (abduction for purposes of marriage or sexual connection):

  • (xiii) section 209 (kidnapping):

  • (xiv) section 210 (abduction of young person under 16):

  • (xv) section 234 (robbery):

  • (xvi) section 235 (aggravated robbery):

  • (xvii) section 236 (assault with intent to rob):

• (d) an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).

imprisonment has the same meaning as in section 29A(4)

specified serious offence has the same meaning as in section 29A(4).