Land Transport Act 1998

Subpart 2—Fit and proper person test

Subpart 2: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Assessment criteria

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30C General safety criteria

(1)

When assessing whether or not a person is a fit and proper person in relation to any transport service, the Agency must consider, in particular, any matter that the Agency considers should be taken into account—

(a)

in the interests of public safety; or

(b)

to ensure that the public is protected from serious or organised criminal activity.

(2)

For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider, and may give any relative weight that the Agency thinks fit having regard to the degree and nature of the person’s involvement in any transport service, to the following matters:

(a)

the person’s criminal history (if any):

(b)

any offending by the person in respect of transport-related offences (including any infringement offences):

(c)

any history of serious behavioural problems:

(d)

any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

(e)

any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

(f)

any other matter that the Agency considers it is appropriate in the public interest to take into account.

(3)

In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider—

(a)

any conviction for an offence, whether or not—

(i)

the conviction was in a New Zealand court; or

(ii)

the offence was committed before the commencement of this Part or corresponding former enactment; or

(iii)

the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and

(b)

the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

(4)

Despite subsection (3), the Agency may take into account any other matters and evidence as the Agency considers relevant.

Compare: 1989 No 74 s 24(1), (2)(d), (3)

Section 30C: inserted, on 1 October 2007 (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 30C(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(2)(f): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 30C(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).