Land Transport Act 1998

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Part 1
Preliminary provisions

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    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

    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

    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

    Authority means Land Transport New Zealand established by section 66 of the Land Transport Management Act 2003

    Authority: 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.

    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 taking of a blood specimen for analysis

    Blood test fee means the blood test fee 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

    Commissioner means the Commissioner of Police

    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

    Court means a District Court

    cumulative work day

    cumulative work period

    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

    Director means the Director of Land Transport appointed under section 186

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

    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 Authority, in the case of an infringement offence for which an infringement notice is issued by an employee of the Authority or on behalf of the Authority:

    • (c) Transit, 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 Transit or on behalf of Transit:

    • (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 authority: paragraph (c) 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.

    Enforcement authority: this definition was substituted, as from 28 June 2006, by section 4(1) Land Transport Amendment Act (No 2) 2006 (2006 No 30). See sections 2(1) and 6(1)(a) of that Act as to the repeal of paras (c) and (d) of this definition on 1 July 2009. Section 6(2) of that Act provides that the repeal does not affect any proceedings commenced by a local authority or Transit, or any infringement fees collected (or to be collected) by a local authority, before that date.

    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 Authority, 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, goods service licence, and goods service vehicle have the same meanings as they have in section 2 of the Transport Services Licensing Act 1989

    goods service

    goods service licence

    goods service vehicle

    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

    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 3500 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) 

    • (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):

    Infringement offence: paragraph (ca) 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.

    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 Transit New Zealand Act 1989, the Transport Services Licensing Act 1989, or this Act

    Land Transport Register includes—

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

    Land Transport Register: this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by inserting the words , the Railways Act 2005, after the words this Act. See sections 105 to 111 of that Act as to the transitional provisions.

    large passenger service vehicle

    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:

    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 3500 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, or of a type, approved under the Transport Act 1962 or under rules made under this Act

    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 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 Authority

    Member: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words under section 184 of this Act.

    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 Director has declared under section 168A(1) to be a mobility device

    mobility device: 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.

    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 Director has declared under section 168A is not a motor vehicle; or

      • (viii) a mobility device

    Motor vehicle: paragraph (c)(ii) of this definition was repealed, as from 22 June 2005, by section 4(9) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraph (c)(vi) of this definition was amended, as from 22 June 2005, by section 4(10) Land Transport Amendment Act 2005 (2005 No 77) by adding the word ; or. See sections 96 to 100 of that Act as to the transitional and savings provisions.

    Motor vehicle: paragraphs (c)(vii) and (viii) of this definition were inserted, as from 22 June 2005, by section 4(10) Land Transport Amendment Act 2005 (2005 No 77). See sections 96 to 100 of that Act as to the transitional and savings provisions.

    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

    • (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.

    National land transport strategy or strategy means a national land transport strategy completed by the Minister under section 170 of this Act, as from time to time amended under section 173 of this Act

    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

    Outputs means the goods and services that are produced by the Authority

    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

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

    Passenger service, passenger service licence, and passenger service vehicle have the same meanings as in section 2(1) of the Transport Services Licensing Act 1989

    passenger service

    passenger service licence

    passenger service vehicle

    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:

    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

    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.

    Regional land transport strategy means a regional land transport strategy prepared under section 175

    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 and rental service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

    rental service

    rental service licence

    rental service vehicle

    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

    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

    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

    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 Transit New Zealand Act 1989, or the rules

    Speed limit: this definition was amended, as from 19 December 2001, by section 4(3) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by substituting the words this Act, the Transport Act 1962, the Local Government Act 1974, the Transit New Zealand Act 1989, or the rules for the words the Transport Act 1962 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

    taxi service

    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

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

    traction engine: 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.

    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.

    Transit and Transit New Zealand mean the body corporate called Transit that is continued by section 75 of the Land Transport Management Act 2003.

    Transit and Transit New Zealand: 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.

    Transport service, transport service licence, and transport service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

    transport service

    transport service driver

    transport service licence

    transport service operator

    transport service vehicle

    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, vehicle recovery service licence, and vehicle recovery service vehicle have the same meanings as they have in section 2(1) of the Transport Services Licensing Act 1989

    vehicle recovery service

    vehicle recovery service licence

    vehicle recovery service vehicle

    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

    (1A) 

    (2) A notice given by any Minister in the Gazette for any purpose specified in subsection (1) or in section 75A(5), and a corresponding notice given under any former enactment and continued in force by this Act, is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and may be amended from time to time, or revoked, by the responsible Minister in the same manner.

    (3) A notice under subsection (1) that is given by the Minister of Police in the Gazette for the purposes of approving a kind of device or a test may—

    • (a) Define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:

    • (b) Provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.

    (4) In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—

    • (a) Appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or

    • (b) Is printed out by the device on a card or on paper; or

    • (c) Appears on printed matter that—

      • (i) Accompanies the device; and

      • (ii) Is associated with the device or is intended by the manufacturer of the device to be associated with the device; and

      • (iii) Is issued by or on behalf of the manufacturer.

    Compare: 1962 No 135 ss 2, 57A

    Subsection (2) was amended, as from 29 December 2001, by section 4(4) Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104) by inserting, after the words for any purpose specified in subsection (1), the words or in section 75A(5).