New Zealand Legislation: Acts

23 Power of Agency to suspend licence or impose temporary conditions

• (1) The Agency may, by written notice given to the licence holder, suspend a licence issued under this Act or impose temporary conditions in respect of that licence if the Agency—

  • (a) considers it necessary to avoid a risk of—

    • (i) the death of, or serious injury to, individuals; or

    • (ii) significant damage to property; and

  • (b) is satisfied that—

    • (i) the action is necessary to ensure compliance with sections 7 and 10 to 13 or the rules; or

    • (ii) the licence holder has contravened, or failed to comply with, any of sections 7 and 10 to 13 or the rules; or

    • (iii) the licence holder gave false or misleading information for the purpose of obtaining the licence; or

    • (iv) the licence holder failed to comply with any conditions of the licence; or

    • (v) the circumstances of the licence holder have changed significantly and the licence holder's approved safety case does not adequately provide for those changed circumstances; or

    • (vi) the licence has purportedly been transferred or assigned in contravention of section 18; and

  • (c) in the case of suspension, has had regard to whether an action other than suspension is appropriate in the circumstances.

  (2) A notice given under subsection (1) must inform the licence holder of—

  • (a) the decision to suspend a licence issued under this Act or impose temporary conditions on that licence; and

  • (b) the reasons for the decision and the information upon which the decision is based; and

  • (c) the licence holder's right to appeal under section 68.

  (3) The duration of a temporary condition or a suspension may not exceed 10 working days unless, before the expiry of that 10-working-day period, the Agency extends the temporary conditions or the suspension for a further specified period.

  (4) If notice of a proposed revocation or the imposition of permanent conditions is given while a suspension is, or temporary conditions are, in force, the suspension remains, or the temporary conditions remain, in force until a final decision on revocation or permanent conditions has been made.

  (5) Either a licence or a part of a licence may be suspended under this section.

  (6) Section 27 applies in respect of a decision under subsection (1).

  Compare: 1990 No 98 s 17

  Section 23 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 23(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 23(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).