Land Transport Amendment Bill (No 4)

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Land Transport Amendment Bill (No 4)

Government Bill

164—2

As reported from the Transport and Industrial Relations Committee

Commentary

Recommendation

The Transport and Industrial Relations Committee has examined the Land Transport Amendment Bill (No 4) and Supplementary Order Paper No 10 and recommends that the bill be passed by majority with the amendments shown.

Introduction

This bill amends the Land Transport Act 1998. It has two main functions: the first is to enhance the powers of the police to deal with drug-impaired drivers, and the second is to make changes to the registration and licensing of motor vehicles.

The main purpose of the drug-impaired driving provisions is to create a new offence for when a driver is impaired and there is evidence of drugs in the driver’s blood. The main purpose of the new registration and licensing of motor vehicle provisions (Part 17) is to create a regime that allows controlled access to registered persons’ name and address details by other people and organisations.

This commentary covers the major amendments that we recommend; we also recommend minor and technical amendments to the bill that are not discussed in this commentary.

Supplementary Order Paper

Supplementary Order Paper No 10 was referred to us by the House on 26 March 2009. The amendments contained in the Supplementary Order Paper seek to extend, after the powers’ expiry date of 1 July 2009, the powers of local authorities to appoint parking wardens; to empower wardens to enforce certain traffic offences under the principal Act; and to empower local authorities to make a range of by-laws concerning traffic. We agree with these proposals, and have incorporated these changes in the amendments we have recommended.

Commencement date

We recommend amending the commencement date for the drug-impaired driving provisions in the bill (clause 2) to the earlier of either a date fixed by an Order in Council or 1 December 2009, as the police will require sufficient time after the bill’s enactment to carry out enforcement officer training and make administrative arrangements to deal with the enforcement of the new drug-impairment driving provisions. It is the view of the Labour members that the drug-impaired driving provisions should come into effect when the bill receives the royal assent in order to provide a clear message that as Police training proceeds drug impaired drivers will be subject to the full force of the new law.

We also recommend the clauses concerning access to personal information on the motor vehicle register be amended to come into effect on different dates, by Orders in Council. This allows businesses that currently access personal information to continue having access to this information while a decision is being made on applications for access under the new regime. It also allows time for the preparation of and transition to new regulations governing all aspects of motor vehicle registration and licensing.

Duty not to drive while impaired by drugs

New section 11A (clause 5) of the bill as introduced provides for a duty not to drive or attempt to drive a motor vehicle while impaired by a drug or drugs. We recommend amending this section to make clear that there are two parts to this duty: the first is not to drive while impaired, and the second is not to drive with evidence of controlled drugs or prescription medicines in the bloodstream. Consequential amendments are required to new sections 2, 57A, and 64(1A).

Offence of driving while impaired and with blood evidence of controlled drugs or prescription medicine

New section 57A (clause 6) of the bill establishes that a person commits the new offence of driving while impaired and with blood evidence of controlled drugs or prescription medicines when the person is unable to complete a compulsory impairment test, and there is evidence in the person’s blood of a controlled drug or prescription medicine.

We recommend amending new section 57A(1)(a) to clarify that the first requirement of the new offence is where a person “does not” complete a compulsory impairment test, rather than when a person is “unable” to complete a compulsory impairment test, because being “unable” is inadequate for effective prosecution. Consequential amendments are required to several other new sections to replace the word “unable” with “does not”.

As the bill refers to drugs as “controlled” or “prescription medicine”, we recommend removing the use of the word “illegal” in the title of new section 57A at it is potentially misleading. Consequential amendments are required to new section 64(1A).

We also recommend that the provision indicating that the new offence applies only to prescription medicines taken without a prescription be deleted as it duplicates a provision contained in the defences clause (clause 9), and would cause difficulties for the prosecution of cases. The corresponding provision in clause 8 (which amends section 62) concerning situations where injury or death has occurred should also be deleted.

We considered whether blood samples alone (without evidence of impairment) when produced as evidence to prosecute people for drug-impairment offences should be treated the same as for alcohol consumption-related offences, but could not agree.

We considered whether several clauses should be amended so that future technology could replace the compulsory impairment test. We could not agree, on the basis of advice taking into account the nature of this legislation and the intent to create a starting point in the law regarding drug-related driving offences. Labour members of the committee are of the view that Parliament is capable of passing legislation that is flexible enough to take advantage of future technology changes using the Order in Council process. Other committee members consider it is not possible currently to predict accurately where technology might lead and what it may be possible to prove by means of its use. Attempting to anticipate future technology now may risk incorrect legal provisions being made, which might need to be amended in future. However, we consider that provision ought to be made for the possibility of drug-screening devices that could provide good cause to suspect impairment as a basis for a requirement to undergo a compulsory impairment test.

Compulsory impairment test

We recommend amending the definition of the “compulsory impairment test” to specify that the notice in the Gazette to be issued by the Minister of Police must prescribe the manner of the test and not simply the fact that the Minister has approved the test. This amendment will also ensure that the impairment test approval procedure is consistent with the breath-screening test approval procedure for alcohol contained in the principal Act.

Refusal to undergo compulsory impairment test

We recommend including a new clause 7A to amend section 60 of the principal Act, to align the penalty for refusing to undergo the compulsory impairment test with the penalty for driving while impaired and with evidence of drugs in the bloodstream. This is to eliminate the incentive to refuse the compulsory impairment test. We consider that clause 7 of the bill as introduced does not deal adequately with people who refuse to complete the compulsory impairment test, and should be removed.

Causing injury or death while impaired by drugs

Clause 8 amends section 62 to make it an indictable offence if a person causes death or injury while impaired by drugs and there is evidence of a controlled drug or prescription medicine in the person’s bloodstream. Schedule 1 of the Summary Proceedings Act 1957 provides that similar indictable offences in the principal Act, such as causing injury or death while having breath or blood alcohol over a specified limit, and causing injury or death while under the influence of drink or drugs to such an extent as to be incapable (not just impaired), may be tried summarily in the District Court.

To ensure that a consistent approach is taken to proceedings relating to impairment from consuming drugs, we recommend that the offence of causing death or injury when driving while impaired and with evidence of controlled drugs in the bloodstream can also be tried summarily. This recommendation requires a consequential amendment to be made to Part 2 of Schedule 1 of the Summary Proceedings Act.

Defences

Clause 9 as introduced amends section 64 to provide for a defence to proceedings under new sections 57A(1) and 62(1A) if a person has consumed the relevant controlled drug in accordance with a prescription written by a health practitioner, or if the prescription was administered by a health practitioner.

Submitters were concerned that, in the bill as introduced, the defence would still be available to people who have intentionally taken prescription medicine incorrectly, and that the bill did not cover adequately situations where people had failed to follow the manufacturer’s instructions. We recommend amending clause 9 to qualify the use of prescription medicine to “current and valid” prescriptions, or any instructions from a health practitioner or drug and medicine manufacturer. Without this, we consider people who are taking prescription drugs that are either out of date or obtained with invalid prescriptions would still be able to use the clause 9 defence.

We further recommend amending clause 9 to provide that persons with pre-existing medical conditions or disabilities would have available a defence for refusing to complete a compulsory impairment test.

We consider that it is desirable for a further addition to the section 64 (clause 9) defence for injured drivers. If drivers were injured in motor accidents, but not sufficiently to require hospitalisation, and are unable to take compulsory impairment tests, it would be unfair to penalise them. Accordingly, we recommend that the defence be extended to those instances where a court is satisfied that drivers failed or refused to undergo impairment tests on account of injuries sustained in motor vehicle accidents immediately preceding the requirement to take the tests.

Blood test fee

We recommend amending section 67 of the principal Act (clause 9A) to allow for the recovery through the courts of the costs relating to medical expenses and analysts’ fees for blood tests for alcohol and drugs. This amendment would enable a variable blood test fee to be charged according to whether alcohol or drugs were tested for, and clarify that any associated medical expenses incurred in taking the blood specimen could be recovered in the same way as blood test fees.

Requirement to undergo compulsory impairment test

New section 71A (clause 10) of the bill as introduced would allow an enforcement officer to require a compulsory impairment test to be taken only if the enforcement officer has good cause to suspect that a person has consumed controlled drugs. Several submitters argued that the bill should also permit enforcement officers to carry out random drug testing. Although we agree that random drug testing could be more persuasive in removing and deterring drug-impaired drivers, random testing requires a test that delivers results in seconds, such as the breath-screening device used in alcohol testing.

It would be impractical to attempt random testing using the impairment test or even the currently available saliva screening tests as these can take up to 15 minutes to complete. There is currently no drug-screening device equivalent to the alcohol breath-screening device. We therefore do not recommend including provisions for random or saliva testing for controlled drugs.

However, we recommend amending new section 71A (clause 10) to allow an enforcement officer to require a person to remain, for a reasonable time, at a place while a trained enforcement officer arrives to carry out the compulsory impairment test.

It may be difficult to carry out a compulsory impairment test at the place where the driver has been stopped, for reasons of personal safety, road safety, privacy, or because of unsuitable conditions. We therefore recommend amending new section 71A to allow an enforcement officer to request a person to accompany the officer to a more suitable place to undergo the compulsory impairment test.

Closing a loophole in section 73

We recommend adding a new clause 11A amending section 73 concerning who must give a blood specimen in a hospital or surgery. Section 73(5) requires that a blood specimen may be used in a prosecution only if the person is in the hospital or doctor’s surgery as a result of an accident involving a motor vehicle. We were advised that there are instances of persons injuring themselves or claiming sudden illness after having been tested for alcohol in order to be taken to a hospital or surgery and so enjoy the protection of section 73(5). This loophole would be closed by providing that a blood specimen may be used in a prosecution if the person is in the hospital or doctor’s surgery as a result of an accident or incident involving a motor vehicle, or an injury or medical condition arising subsequently.

Evidential provisions

Clause 13 of the bill as introduced seeks to amend section 79 of the principal Act, which sets out the circumstances in which a certificate produced by a person analysing the blood specimen is inadmissible in the courts.

In addition, we recommend amending sections 79(2), 79(3), and 75(5)(b) of the principal Act to include the “presence” of alcohol or controlled drugs or prescription medicines as well as the “proportion” of alcohol or controlled drugs or prescription medicines. These amendments would ensure a differentiation between evidence for alcohol offences, which requires a specified proportion of alcohol in the blood, and the new drug-impairment offence, which requires only the presence of a controlled drug or prescription medicine.

Power to immobilise vehicle

Clause 15 of the bill would amend section 121 of the principal Act to allow an enforcement officer to immobilise the vehicle of a person who does not satisfactorily complete the compulsory impairment test. If a person refuses to take the test, the enforcement officer is unable to ascertain whether the person would have satisfactorily completed it or not. We consider that in such circumstances it would be imprudent to allow the person to continue to drive. We recommend amending clause 15 to give an enforcement officer the power to immobilise the vehicle of a person who refuses to undergo the compulsory impairment test.

Definition of “controlled drug” in regulations

Clause 16 amends section 167 of the principal Act to allow for regulations that specify “whether a substance, preparation, mixture, or article is a controlled drug”. This effectively seeks to allow regulations to amend the definition of controlled drug.

As the new offence provision relies on the definition of what is a “controlled drug” in the Misuse of Drugs Act 1975 we consider that it is inappropriate to allow the scope of this definition to be extended by regulation. The decision on what can be classified as a controlled drug should be determined in accordance with the Misuse of Drugs Act. We recommend amending clause 16 to limit the power to make regulations to the removal of a substance, preparation, mixture, or article from the list of drugs subject to the ambit of traffic law.

Analysing blood specimens for statistical or research purposes

We recommend amending new section 209A (clause 17), which would allow a blood specimen taken for evidential purposes to be used for statistical or research purposes. We consider that the wording in new section 209A as originally drafted is too broad and recommend that it be narrowed to specify that the statistical and research purposes be related to the use of dugs or alcohol. We also recommend that a blood specimen used in research must be dealt with in a way that does not identify the person from whom it was taken.

Interpretation matters applying to new Part 17

Clause 18 of the bill seeks to insert new Part 17 (Motor vehicle registration and licensing) into the principal Act. New section 233 of new Part 17 defines various terms concerning the registration and licensing of motor vehicles. We recommend amending new section 233 to clarify the distinction between registered corporate persons and persons who are natural persons.

We consider that the term “registered owner” is often misunderstood. The legal definition of owner, as someone lawfully entitled to possession, is not the same as the commonly understood meaning of owner, as someone who has title. Title is not relevant to the motor vehicle register, as the purpose of the register is to identify a person who is accountable for the vehicle under traffic law. We recommend amending new section 233 to replace “registered owner” with “registered person”. We note that the expression “owner information” would also require replacing with “personal information”. Consequential amendments are recommended to a number of new sections and to Schedule 5 of the Privacy Act 1993.

We note that there is an inconsistency between the definition of “mopeds” contained in the bill as introduced and the definition used in section 7.1(1)(a) of the Land Transport Rule: Vehicle Standards Compliance 2002. We suggest that the Government amend the definition in this Land Transport Rule to align with the definition contained in the bill, if enacted.

As a result of the establishment of the New Zealand Transport Agency on 1 August 2008, we recommend replacing all references in the bill to “Transit”, “the Authority”, and “Director” with the “New Zealand Transport Agency”.

Purposes of register

New section 235 sets out four purposes for the motor vehicle register. They are to enforce the law, maintain the security of New Zealand, collect charges imposed or authorised by enactment, and facilitate the administration and development of transport law and policy. We consider that the wording of this section is misleading as it implies that the register can be used to trace the person who has title to a particular vehicle, when registration does not guarantee title. We recommend amending new section 235 to remove this implication and to simplify the wording of the provision.

Entitlement to receive information

New section 238 of the bill sets out a person’s entitlement to information from the register, and removes the Registrar’s obligation under current law to supply a registered person’s personal information to anyone who asks. Information about vehicles will continue to be available.

One objective of new Part 17 is to provide greater protection to information contained on the register and reduce the possibility that information may be misused. We recommend amending new section 238 to require the Registrar to supply to any registered person the name of any other person who has obtained the registered person’s details from the register and the purpose for which that information was released. We note that new section 238(2)(d) allows a person’s name and address to be disclosed where the individual concerned has authorised the release of this information.

We also recommend amending new section 238 to clarify that the names of registered persons who are corporate bodies should be released to any applicant. This is consistent with privacy law, which does not give corporate bodies the right to privacy.

Restrictions on entitlement to receive information

New section 240 of the bill as introduced would continue the requirements under the current law that the Registrar can certify that certain information should be withheld because it would be likely to prejudice the security or defence of New Zealand, the international relations of the Government of New Zealand, the maintenance of the law, or the privacy or personal safety of an individual. We recommend that new section 240 be amended to require the Registrar, when considering whether a confidential listing should be overridden, to have regard to the reasons why the confidential status was granted. We also recommend giving the Commissioner of Police the right to access confidential listings, because the police may need access to this information.

New section 240 of the bill allows the Registrar to authorise a class of person to have access to details of persons with confidential listings. This could mean that individual requests from members of this class might not be examined on their merits and there is a risk that information might be released inadvertently. We recommend deleting the Registrar’s power to authorise a class of person to have access to details of persons with confidential listings.

We looked at the possibility of allowing any registered person to request their listing on the register to be confidential as a way of restricting access to personal information held on the register. We consider that if all registered persons could demand that their listings be confidential this could result in a significant proportion of registered persons having confidential listings, resulting in a partially closed register.

Authorised access to name and address only

New section 241 of the bill gives the Minister of Transport the ability to authorise any person or class of persons to access registered persons’ names and addresses for any specified purpose, subject to any conditions that the Minister sees necessary.

We considered whether the authorisation to order the Registrar to disclose or withhold information should rest with the Minister or an official, such as the Secretary for Transport, and recommend that the Secretary for Transport be the designated person in new section 241.

It is possible that, with the move away from the current open access for name and address information, some applications under new section 241 will have no merit. We consider that the Secretary for Transport should be allowed to decline such applications on the grounds that they are frivolous and vexatious.

New section 241 of the bill as introduced requires the Minister to consult only with the Privacy Commissioner and the Chief Ombudsman. We believe that the Commissioner of Police should also be consulted in order to address concerns about criminal organisations attempting to obtain access to the register under this provision.

We also recommend that the names and addresses of current registered persons only may be released. The names and contact details of previous registered persons are not relevant to the general purpose of authorisations, which is to enable organisations to have access to names and addresses of current registered persons for the purposes of contacting them.

We also recommend that the Secretary for Transport be required to make a decision on an application within a reasonable time from receipt of all the relevant information, and to inform the applicant promptly once the decision has been made.

Some submitters suggested that the bill provide for an “opt-out” facility to enable registered persons who did not want their names and addresses to be released to request that their details be withheld. We agree with the need for an “opt-out” provision, and recommend an amendment to that effect be included in this provision. The Labour members believe that an “opt-in” system is preferable because it would be less intrusive and give people better control of their information.

We recommend that new section 241 be entirely redrafted to reflect these changes and be included in the bill as new section 242A.

Application for registration

New section 244 of the bill continues the requirements in the principal Act for an application for registration; those being that the only persons who may be registered are a natural person 15 years old and over, a body corporate, or an agent of the Government. However, we recommend amending new section 244 to provide that in future a vehicle may not be registered in the name of more than one person.

Application for and issuing of a licence

New section 245 of the bill continues the procedure set out in the principal Act for applying for and issuing a licence for a vehicle. We recommend amending new section 245 to provide that the application process for registration be prescribed in regulations, rather than in the Act. We also recommend amending new section 245 to provide for the continuing effect of licences current at the time the bill comes into force.

Obligations on sellers and acquirers of motor vehicles

We recommend amending new section 248 to provide that the application process for the transfer of registration be prescribed in regulations, rather than in the Act.

Disposal of motor vehicle

New section 254 would empower a storage provider of a seized or impounded vehicle to dispose of the motor vehicle if it were unclaimed for more than 10 working days after its impoundment. We recommend amending new section 254 to require that a storage provider of a seized or impounded vehicle must search the Personal Property Securities Register prior to the disposal of any unclaimed vehicle. If a security interest is registered against the vehicle, the secured party should be notified that the vehicle has been seized or impounded. This would ensure that people who have lent money against a vehicle that has been seized or impounded subsequently were not unfairly disadvantaged. We note that this amendment is consistent with existing practice for vehicle impoundments, under section 98 of the principal Act (although it is not prescribed under the Act), and therefore would not impose any additional compliance costs on the storage provider. However, we recommend amending section 98 in the principal Act to make the requirement explicit and thus consistent with new section 254 as amended in our recommendation.

Supplementary plates

New section 259 provides for the issuing of supplementary plates, to be used on vehicles where the permanently affixed plate is obscured by an object attached to a vehicle, such as a bicycle rack. We recommend amending new section 259 to provide that the application process for supplementary plates be prescribed in regulations, rather than in the Act.

Contract to dispose of rights to personalised plates

Current legislation provides that only one person may be contracted to sell personalised plates. New section 260 of the bill empowers the Registrar to contract more than one person to sell personalised plates.

This provision is without effect as the Crown’s contract signed in 1997 for the sale of personalised plates also provides for a monopoly, and is effectively a contract in perpetuity. It specifically provides that it may not be terminated by either party giving reasonable notice to the other at any time.

We recommend amending new section 260 to provide that any contract for the disposal of rights to personalised plates is terminable by either party upon giving reasonable notice. This would enable the Registrar to contract more than one person to sell personalised plates and thus implement the intent of the bill as introduced.

Application for trade plates

New section 263 of the bill continues the procedure set out in the principal Act for an application for trade plates. We recommend amending new section 263 to provide that the application process for trade plates be prescribed in regulations, rather than in the Act.

Motor vehicle registration and licensing regulations

New section 270 of the bill would expand the range of matters which may be prescribed by regulation. We recommend amending new section 270 to allow for regulations empowering the Registrar to recover as a debt owing to the Crown the fees of people who have paid less than the rate for the registration or licence class applicable to their vehicles. This would be an effective deterrent against people who have registered or licensed their vehicles in a cheaper registration or licence class.

We also recommend that new section 270 be amended to allow for regulations to be made to empower the Registrar to require an application for registration of a vehicle to be accompanied by a certificate from an authorised inspector that the vehicle belongs to a particular class of vehicle and that it complies with the standards applicable to that class. This is to address concerns that the current law (which permits certain classes of vehicle such as mopeds to be registered without any pre-registration inspection) has created a loophole allowing people to deliberately and fraudulently register other vehicle types in a class in order to avoid safety inspections and benefit from lower licence fees.

Our recommended amendment to new section 233 (that only one person may be registered in respect of a vehicle) might result in people who are currently registered jointly choosing to elect one person to become the registered person. We recommend that new section 270 should allow for regulations to be made to empower the Registrar to permit a change of registered person where there are currently joint registrations.

We recommend amending new section 270 to enable regulations to authorise the Registrar to request proof of identity from people wanting information from the register, and deleting new section 236. We consider that these details relating to the function of the Registrar are better addressed in regulations.

We recommend the addition of new section 270A to provide for regulations that would ensure that land transport revenue is accounted for separately from fees and charges intended to cover the cost of a service, since regulations prescribing such fees and charges are subject to examination by the Regulations Review Committee and disallowance by the House.

Fees and charges

New section 274 of the bill as introduced would allow the Registrar to waive, exempt, or discount fees payable for the supply of information from the register if it is in the public interest to do so. We recommend deleting new section 274 and replacing it with a provision that would allow Government departments and Crown entities access to the register free of charge; this is consistent with current practice.

Appendix

Committee process

The Land Transport Amendment Bill (No 4) was referred to the previous committee on 16 October 2007. The closing date for submissions was 14 December 2007. The previous committee received and considered 49 submissions from interested groups and individuals. It heard 21 submissions, which included holding hearings in Auckland and Christchurch. We also considered these submissions.

We received advice from the Ministry of Transport, the New Zealand Transport Agency, the New Zealand Police, and the Institute of Environmental Science and Research Limited (ESR). The advice received from Dr Helen Poulsen from ESR was particularly helpful and appreciated. The Regulations Review Committee reported to the previous committee on the powers contained in clause 16.

Committee membership

David Bennett (Chairperson)

Carol Beaumont

Dr Jackie Blue

Darien Fenton

Jeanette Fitzsimons

Hon Tau Henare

Hon Trevor Mallard

Allan Peachey

Michael Woodhouse

Key to symbols used

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Hon Steven Joyce

Land Transport Amendment Bill (No 4)

Government Bill

164—2

Contents

1 Title

2 Commencement

3 Principal Act amended

3A Short Title and commencement

Part 1
Amendments to principal Act

4 Interpretation

5 New section 11A inserted

11A Persons may not drive or attempt to drive while impaired by drugs

11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine

6 New section 57A inserted

57A Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine

7 Failure or refusal to remain at specified place or to accompany enforcement officer

7 Failure or refusal to remain at specified place or to accompany enforcement officer

7A Failure or refusal to permit blood specimen to be taken

8 Causing injury or death in circumstances to which section 61 does not apply

9 Defences

9A Blood test fee

10 New section 71A inserted

71A Requirement to undergo compulsory impairment test

11 Who must give blood specimen at places other than hospital or surgery

11A Who must give blood specimen in hospital or surgery

12 New section 73A inserted

73A Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975

12A Certificates in blood-alcohol proceedings

13 Circumstances in which certificate not admissible in proceedings

13A Release of vehicle after 28 days

14 Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer

15 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle

15A Strict liability for offences involving insecure loads and loads falling from vehicles

16 Regulations

17 New section 209A inserted

209A Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol

17A Repeals

17B Transitional regulations

17C Expiry of section 216

17D Regulations and other enactments having effect under this Act

17E Expiry of section 218

18 New Part 17 inserted

Part 17
Motor vehicle registration and licensing

Preliminary provisions

233 Interpretation matters applying to this Part

Register of motor vehicles

234 Register of motor vehicles

235 Purposes of register

235 Purposes of register

236 Registrar may require certain evidence

237 Application for information from register

238 Entitlement to receive information

239 Registrar may confirm or deny match of information

240 Further restrictions

241 Authorised access to name and address only

242 Complaints procedure

242A Authorised access to name and address only

Registration and licensing requirements

243 Motor vehicles must be registered and licensed

244 Application for registration

245 Application for, and issuing of, licence

246 Commencement of licence

247 Change of use of motor vehicle

Change of registered person on sale or other disposition

248 Obligations of sellers and acquirers of motor vehicles

249 Prohibition against use of motor vehicle

250 Circumstances when motor vehicle may be seized and impounded

251 Personal property

252 Storage of impounded motor vehicles

253 Release of motor vehicle

254 Disposal of motor vehicle

255 Impounded motor vehicle not to be damaged

Cancellation of registration

256 Cancellation of registration

257 Discretion to refund fees

Registration plates

258 Issue of plates and certificates of registration

259 Supplementary plates

260 Contract to dispose of rights to personalised plates

261 Acquisition and disposal of personalised plates

262 Eligibility for trade plates

263 Application for trade plates

264 Transitional provision for existing registration plates

General provisions relating to registration and licensing

265 Replacement of certificate of registration, licence, or registration plates

266 Surrender and seizure of registration plates and facsimile plates

267 Registrar may prohibit or decline to issue plates

268 Appeal to District Court

Offences and penalties

269 Infringement offences

Regulations

270 Regulations

270A Fees and charges identified as land transport revenue

Appointment

270B Appointment of Registrar

Delegations and authorisations

271 Delegations

272 Authorisations by Registrar

Fees and charges

273 Application of fees and charges

273 Land transport revenue to be paid into national land transport fund

273A Other prescribed fees received under this Part

274 Exemption, waiver, or discount for fees or charges

Part 2
Repeal, revocation, and consequential amendments

19 Repeal

20 Revocation

21 Consequential amendments

Schedule 1
Consequential amendments to Land Transport Act 1998

Schedule 2
Other enactments consequentially amended

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Land Transport Amendment Act (No 4) 2007.

2 Commencement

  • (1) Sections 4 to 17, and 18(1) and (16) to (18) come into force on 1 March 2008.

    (1) Sections 4 to 15, 16, and 17 come into force on the earlier of the following:

    • (a) a date to be fixed by the Governor-General by Order in Council:

    • (b) 1 December 2009.

    (1A) Sections 3A, 15A, 17A to 17E, 18(1), (4A), (16), and (17), and 21(1A) and (1B) come into force on 29 June 2009.

    (2) The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates.

3 Principal Act amended

  • This Act amends the Land Transport Act 1998.

3A Short Title and commencement

  • Section 1(4) is repealed.

Part 1
Amendments to principal Act

4 Interpretation

  • (1) The definition of blood test in section 2(1) is amended by omitting “taking of a blood specimen for analysis” and substituting “analysis of a blood specimen”.

    (2) The definition of blood test fee in section 2(1) is amended by omitting “the blood test fee” and substituting “the fee for the analysis of a blood specimen”.

    (3) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    “compulsory impairment test means a test, approved 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

    “controlled drug—

    • “(a) means any substance, preparation, mixture, or article specified in Schedule 1 (except thalidomide), Schedule 2, or Parts Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and

    • “(b) includes—

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

      • “(ii) any substance, preparation, mixture, or article specified by regulations made under this Act; and

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

    • “(c) excludes any substance, preparation, mixture, or article specified by regulations made under this Act

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

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

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

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

5 New section 11A inserted

  • The following section is inserted after section 11:

    “11A Persons may not drive or attempt to drive while impaired by drugs

    • A person may not drive or attempt to drive a motor vehicle while impaired by a drug or drugs.

    “11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine

    • A person may not drive or attempt to drive a motor vehicle while—

      • “(a) impaired; and

      • “(b) that person's blood contains evidence of the use of—

        • “(i) a controlled drug; or

        • “(ii) any prescription medicine.”

6 New section 57A inserted

  • The following section is inserted after section 57:

    “57A Driving while impaired by illegal drugs and with blood that contains evidence of use of controlled drug or prescription medicine

    • “(1) A person who drives or attempts to drive a motor vehicle on a road commits an offence if—

      • “(a) the person is unable to does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer after having been, who is trained to give the test, when required to do so by an enforcement officer under section 71A; and

      • “(b) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—

        • “(i) a controlled drug; or

        • “(ii) any prescription medicine taken without—

          • “(A) a prescription written for that person by a health practitioner; or

          • “(B) being administered to that person by a health practitioner.

        • “(ii) any prescription medicine.

      “(2) If a person is convicted of a first or second offence against subsection (1),—

      • “(a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

      • “(b) the Court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

      “(3) If a person commits a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 58(1), 60(1), 61(1), and 61(2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions), the person commits an indictable offence and on conviction—

      • “(a) the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

      • “(b) the Court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

      “(4) Subsection (3)(b) does not apply if an order is made under section 65.

      “(5) For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

      “(6) The imposition of a mandatory disqualification under this section is subject to section 81.”

7 Failure or refusal to remain at specified place or to accompany enforcement officer

  • (1) The heading to section 59 is amended by inserting “, to undergo compulsory impairment test,” after “place”.

    (2) Section 59(1) is amended by inserting the following paragraph after paragraph (a):

    • “(ab) fails or refuses to undergo a compulsory impairment test under section 71A; or”.

7 Failure or refusal to remain at specified place or to accompany enforcement officer

  • (1) Section 59(1)(b) is amended by inserting “, 71A, or 72” after “section 69”.

    (2) Section 59(1)(c) is amended by omitting “section 69 or 72” and substituting “section 69, 71A, or 72”.

    (3) Section 59(1)(c)(i) is amended by inserting “or a compulsory impairment test” after “blood test”.

    (4) Section 59(1)(c)(ii) is amended by omitting “either” and substituting “any”.

    (5) Section 59(1)(d) is amended by inserting “or a compulsory impairment test under section 71A” after “section 69”.

7A Failure or refusal to permit blood specimen to be taken

  • (1) The heading to section 60 is amended by adding “or to undergo compulsory impairment test”

    (2) Section 60(1) is amended by adding “; or” and also by adding the following paragraph:

    • “(d) fails or refuses to undergo a compulsory impairment test under section 71A.”

8 Causing injury or death in circumstances to which section 61 does not apply

  • (1) Section 62 is amended by inserting the following subsection after subsection (1):

    • “(1A) A person commits an indictable offence if—

      • “(a) the person causes bodily injury to or the death of a person by driving or attempting to drive a motor vehicle; and

      • “(b) the person is unable to does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer after having been, who is trained to give the test, when required to do so by an enforcement officer under section 71A; and

      • “(c) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—

        • “(i) a controlled drug; or

        • “(ii) any prescription medicine taken without—

          • “(A) a prescription written for that person by a health practitioner; or

          • “(B) being administered to that person by a health practitioner.

        • “(ii) any prescription medicine.”

    (2) Section 62(2) is amended by inserting “or (1A)” after “subsection (1)”.

9 Defences

  • Section 64 is amended by inserting the following subsections after subsection (1):

    • “(1A) It is a defence to proceedings for an offence against section 57A(1) (which relates to driving while impaired by an illegal drug) or 62(1A) (which relates to causing bodily injury to or the death of a person by driving a motor vehicle while impaired by an illegal drug) if the court is satisfied that the person has consumed the relevant controlled drug—

      • “(a) in accordance with a prescription written for that person by a health practitioner; or

      • “(b) because it was administered by a health practitioner.

    • “(1A) It is a defence to proceedings for an offence against section 57A(1) or 62(1A) if the Court is satisfied that the person has consumed the relevant controlled drug or prescription medicine—

      • “(a) in accordance with—

        • “(i) a current and valid prescription written for that person by a health practitioner; and

        • “(ii) any instructions from a health practitioner or from the manufacturer of the drug or medicine; or

      • “(b) because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.

    • “(1B) It is a defence to proceedings for an offence against section 60(1)(d) if the Court is satisfied that the person's failure or refusal to undergo a compulsory impairment test is because of—

      • “(a) a pre-existing medical condition or pre-existing disability that precludes undergoing the test:

      • “(b) an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test.”

9A Blood test fee

  • (1) Section 67(1) is amended by inserting “57A,” after “57(2),”.

    (2) Section 67(1) is amended by inserting “and any associated medical expenses” after “offence was committed”.

    (3) Section 67(1) is amended by omitting “test fee is” and substituting “test fee and any associated medical expenses are”.

    (4) Section 67 is amended by repealing subsection (2) and substituting the following subsections:

    • “(2) For the purposes of subsection (1), the Minister of Police may from time to time, by notice in the Gazette, prescribe a fee for each type of blood test that is carried out under this Act.

    • “(3) The medical expenses referred to in subsection (1) may not exceed the actual and reasonable medical expenses associated with the taking of a blood specimen.”

10 New section 71A inserted

  • The following section is inserted after section 71:

    “71A Requirement to undergo compulsory impairment test

    • “(1) An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:

      • “(a) a driver of, or a person attempting to drive, a motor vehicle on a road:

      • “(b) a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:

      • “(c) if an accident has occurred involving a motor vehicle,—

        • “(i) the driver of the vehicle at the time of the accident; or

        • “(ii) if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.

      “(2) An enforcement officer may require a person specified under subsection (1) to—

      • “(a) remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or

      • “(b) accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.

      “(3) A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.

      “(4) An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).”

11 Who must give blood specimen at places other than hospital or surgery

  • (1) Section 72(1) is amended by adding “; or” and also by adding the following paragraph:

    • “(e) the person is unable to does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer after having been, who is trained to give the test, when required to do so by an enforcement officer under section 71A.”

    (2) Section 72 is amended by inserting the following subsection after subsection (1):

    • “(1A) An enforcement officer may not require a person to permit a medical practitioner or medical officer to take a blood specimen from the person if—

      • “(a) subsection (1)(e), and only subsection (1)(e), applies; and

      • “(b) the enforcement officer believes that the person is not affected by—

        • “(i) a controlled drug; or

        • “(ii) any prescription medicine taken without—

          • “(A) a prescription written for that person by a health practitioner; or

          • “(B) being administered to that person by a health practitioner.

    • “(1A) Subsection (1)(e) only applies if an enforcement officer has good cause to suspect that the person has consumed a drug or drugs.”

11A Who must give blood specimen in hospital or surgery

  • Section 73(5) is amended by repealing paragraph (a) and substituting the following paragraph:

    • “(a) has reasonable grounds to suspect that the person is in the hospital or doctor's surgery as a result of

      • “(i) an accident or incident involving a motor vehicle:

      • “(ii) an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and”.

12 New section 73A inserted

  • The following section is inserted after section 73:

    “73A Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975

    • Evidence of a controlled drug in a blood sample taken under section 72 or 73 may not be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975.”

12A Certificates in blood-alcohol proceedings

  • Section 75(5)(b) is amended by inserting “the presence or” after “certificate,”.

13 Circumstances in which certificate not admissible in proceedings

  • (1AAA) Section 79(2) is amended by inserting “presence or” after “relates to the”.

    (1AA) Section 79(3) is amended by inserting “presence or” after “relates to the”.

    (1) Section 79(4) is amended by adding “; or” and also by adding the following paragraph:

    • “(e) if a certificate certifies that there is evidence of a controlled drug or any prescription medicine, the defendant’s blood specimen has been received and analysed by the private analyst and found to contain no evidence of a controlled drug or any prescription medicine.”

13A Release of vehicle after 28 days

  • Section 98 is amended by adding the following subsections:

    • “(6) However, before disposing of a motor vehicle under subsection (4), a storage provider must—

      • “(a) search the personal property securities register to identify every person with a security interest in the motor vehicle; and

      • “(b) notify in writing every person with a security interest in the motor vehicle.

    • “(7) For the purposes of subsection (6), security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.”

14 Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer

  • Section 120 is amended by inserting the following subsection after subsection (1):

    • “(1A) An enforcement officer may arrest a person without warrant if

      • “(a) the person has been unable to complete a compulsory impairment test in a manner satisfactory to an enforcement officer after having been required to do so by an enforcement officer under section 71A; and

      • “(b) the enforcement officer has good cause to suspect that the person has consumed a drug or drugs.

    • “(1A) An enforcement officer may arrest a person without warrant if the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A.”

15 Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle

  • Section 121(1)(a) is amended by repealing subparagraph (i) and substituting the following subparagraph:

    • “(i) a person who is for the time being in charge of a motor vehicle is, because of his or her physical or mental condition (however arising),—

      • “(A) is incapable of having proper control of the vehicle; or

      • “(B) unable to complete a compulsory impairment test in a manner satisfactory to an enforcement officer after having been required to do so by an enforcement officer under section 71A; or

      • “(B) does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A; or

      • “(C) fails or refuses to undergo a compulsory impairment test when required to do so under section 71A; or”.

15A Strict liability for offences involving insecure loads and loads falling from vehicles

  • Section 134(4)(a) is amended by omitting “until the close of 30 June 2009, unless the provisions are sooner revoked,”.

16 Regulations

  • Section 167 167(1) is amended by inserting the following paragraph after paragraph (mb):

    • “(mc) specifying whether a substance, preparation, mixture, or article is a controlled drug:

    • “(mc) specifying that a substance, preparation, mixture, or article is not a controlled drug for the purposes of this Act:”.

17 New section 209A inserted

  • The following section is inserted after section 209:

    “209A Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol

    • “(1) Without limiting the purposes for which a blood specimen may be analysed or re-analysed under this Act, a person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory a blood specimen from a person taken under section 72 or 73.

      “(2) Subsection (1) applies to any blood specimen taken under this Act before, during, or after it comes into force.

      “(3) No analysis of a blood specimen under subsection (1) may be used as evidence in any proceedings for an offence.

      “(4) A blood specimen analysed or re-analysed under subsection (1) must be treated in a manner that does not identify the person from whom the blood specimen is taken.”

17A Repeals

  • Section 214(3) is amended by omitting “1 July 2009” and substituting “a date to be appointed by the Governor-General by Order in Council”.

17B Transitional regulations

  • Section 216(b) is amended by omitting “or Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”.

17C Expiry of section 216

  • Section 217 is repealed.

17D Regulations and other enactments having effect under this Act

  • (1) Section 218(1)(e) to (j) are repealed.

    (2) Section 218(2)(a), (c), (d), and (f) are repealed.

17E Expiry of section 218

  • Section 219 is repealed.

18 New Part 17 inserted

  • (1) The following Part heading and section heading and section are inserted after section 232:

    “Part 17
    “Motor vehicle registration and licensing

    “Preliminary provisions

    “233 Interpretation matters applying to this Part

    • “(1) In this Part, unless the context otherwise requires,—

      “accident insurance levy means the appropriate levy payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001

      “enforcement authority, in relation to an infringement offence under this Part, means—

      • “(a) the New Zealand Police:

      • “(b) the Authority Agency, if an infringement notice is issued by an employee of the Authority Agency or by a person acting on behalf of the Authority Agency:

      • “(c) a local authority, if an infringement notice is issued by an employee of the local authority or by a person acting on behalf of the local authority:

      • “(d) the Registrar

      • “(e) Transit

      “moped—

      • “(a) means a motor vehicle (other than a power-assisted pedal cycle) that has—

        • “(i) 2 wheels; and

        • “(ii) a maximum speed not exceeding 50 kilometres per hour; and

        • “(iii) either—

          • “(A) an engine cylinder capacity not exceeding 50 cc; or

          • “(B) a power source other than a piston engine; and

      • “(b) includes a motor vehicle running on 3 wheels if the vehicle—

        • “(i) was registered before paragraph (a) came into force; and

        • “(ii) falls within the definition of moped in section 2 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986

      “motorcycle—

      • “(a) means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and

      • “(b) includes a vehicle with motorcycle controls that is approved as a motorcycle by the Director Agency; but

      • “(c) does not include a moped

      “ordinary plate means a registration plate that must be displayed on a motor vehicle unless a personalised plate or a trade plate is issued for display on the motor vehicle

      “owner information means the name, address, date of birth, driver licence number, and any other information about a person registered as the owner of a motor vehicle, whether that person is currently registered as the owner of that motor vehicle, or has been previously registered as the owner of that motor vehicle

      “personal information means the name and address (and, in the case of an individual, the date of birth and driver licence number) and any other information about a person registered or previously registered in respect of a motor vehicle

      “personalised plate means a registration plate with a single letter or number or combination of letters, numbers, or letters and numbers allocated under section 260

      “prescribed fees means the applicable fees and charges prescribed by regulations made under this Act Part and, in relation to a particular application or notification under this Part, prescribed fee means the fee or charge, if any, prescribed for that application or notification (subject to section 270A(5))

      “registered person means a person registered under this Part in respect of a motor vehicle and, in relation to a particular motor vehicle, means the person registered in respect of that vehicle

      “Registrar means the person appointed by the Minister to be the Registrar of Motor Vehicles, and includes, where appropriate,—

      • “(a) any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Part:

      • “(b) any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Part

      “registration plate—

      • “(a) means a plate issued under—

        • “(i) this Part; or

        • “(ii) the Transport Act 1962; or

        • “(iii) the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and

      • “(b) includes ordinary plates, supplementary plates, personalised plates, and trade plates

      “sale, in relation to a motor vehicle, means the disposition or change of ownership of the motor vehicle, whether or not for consideration, and includes disposition by way of hire purchase; and sell, seller, acquirer, and purchaser have corresponding meanings

      “supplementary plate means a registration plate that matches an ordinary plate or a personalised plate issued for a motor vehicle

      “tractor means a motor vehicle (other than a traction engine) designed principally for traction at speeds not exceeding 50 kilometres per hour

      “trade plate means a registration plate issued to a person or class of persons for the purposes notified specified by the Minister by notice in the Gazette

      “trailer means a vehicle without its own power source that is capable of being drawn or propelled by a motor vehicle from which it is readily detachable, but does not include—

      • “(a) a sidecar attached to a motorcycle; or

      • “(b) a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.

      “(2) Except in proceedings for an offence against this Part or regulations made under this Part, a question as to whether a motor vehicle is of a particular design or type for the purposes of this Part or of regulations made under this Part must be determined by the Registrar.

      “Compare: 1986 No 6 s 2”.

    (2) The following heading and sections are inserted in their appropriate order:

    “Register of motor vehicles

    “234 Register of motor vehicles

    • “(1) The Registrar must continue and maintain the register of all motor vehicles for which registration plates are issued.

      “(2) In any proceedings, the contents of the register are proved by the production of a certificate indicating its contents if signed by the Registrar or a person acting under a delegation from—

      • “(a) the Registrar; or

      • “(b) an enforcement authority.

      “Compare: 1986 No 6 s 18

    “235 Purposes of register

    • The purposes of the register are—

      • “(a) to identify the owner of a motor vehicle for the purposes of—

        • “(i) enforcing the law:

        • “(ii) maintaining the security of New Zealand:

        • “(iii) collecting from the owner of a motor vehicle the charges imposed or authorised by an enactment; and

      • “(b) to facilitate the administration and development of transport law and policy.

    “235 Purposes of register

    • The purposes of the register are to facilitate—

      • “(a) enforcement of the law:

      • “(b) maintenance of the security of New Zealand:

      • “(c) collection of charges imposed or authorised by an enactment:

      • “(d) administration and development of transport law and policy.”

    (3) The following section is inserted in its appropriate order:

    “236 Registrar may require certain evidence

    • “(1) In the exercise of the Registrar’s functions under this Part, the Registrar may require a person to produce—

      • “(a) a driver licence; or

      • “(b) other evidence of identity that is satisfactory to the Registrar (including, but not limited to, evidence of the identity of the person to be registered as the owner of a motor vehicle).

      “(2) The Registrar may, in accordance with any regulations made under this Part, require a person to supply prescribed information about the person or vehicle (including, but not limited to, production of the relevant certificate of registration issued under section 258).”

    (4) The following sections are inserted in their appropriate order:

    “237 Application for information from register

    • “(1) Any person may apply to the Registrar, in relation to a specified motor vehicle, for—

      • “(a) access to the following information from the register:

        • “(i) information on that motor vehicle:

        • “(ii) owner personal information:

      • “(b) confirmation that certain information matches owner personal information on the register, as provided for in section 239.

      “(1A) The application must be—

      • “(a) made in accordance with any regulations made under this Part; and

      • “(b) accompanied by the prescribed fee.

      “(2) An application under subsection (1) may be made—

      • “(a) in writing in a form provided by the Registrar for the purpose; or

      • “(b) orally; or

      • “(c) by electronic means.

      “(3) A person applying for information must—

      • “(a) pay any prescribed fee; and

      • “(b) supply to the Registrar,—

        • “(i) in the case of an application made orally or electronically, the same information that is required on the form provided by the Registrar; and

        • “(ii) evidence satisfactory to the Registrar as to the identity of the applicant.

      “(4) The person who receives the application must make and keep, in the form provided by the Registrar for the purpose, a record of the application and of the information supplied.

      “Compare: 1986 No 6 s 19(1), (2)

    “238 Entitlement to receive information

    • “(1) A person who applies for information under section 237 is entitled to receive information from the register in relation to a specified motor vehicle.

      “(2) However, the Registrar may not disclose owner personal information about an individual unless the Registrar is satisfied that the information—

      • “(a) is about the person applying for the information is that individual; or

      • “(b) the information is required for a purpose specified in section 235; or

      • “(c) the information is within the exception specified in section 241 242A; or

      • “(d) the information may be disclosed under an enactment.

      “(3) Information from the register must not be supplied unless—

      • “(a) any the prescribed fee is paid; or

      • “(b) the Registrar is satisfied that satisfactory arrangements have been made for payment of that fee.

      “(4) The Registrar must, at the request of an individual, supply to the individual—

      • “(a) the name of any person to whom personal information about the individual has been disclosed under—

        • “(i) subsection (2)(c); or

        • “(ii) subsection (2)(d), but only if the enactment in question was the Official Information Act 1982 or the Privacy Act 1993; and

      • “(b) the purpose of any such disclosure.

      “Compare: 1986 No 6 s 19(1), (3)

    “239 Registrar may confirm or deny match of information

    • “(1) If an application is made under section 237(1)(b) for confirmation of owner personal information, the Registrar may confirm or deny that the person specified by the applicant is registered as the owner in respect of the motor vehicle specified by the applicant.

      “(2) To avoid doubt, the Registrar—

      • “(a) may use associated data provided by the applicant such as (in the case of an individual) the date of birth or driver licence number for the purpose of confirming or denying that a specified person is registered as the owner in respect of a specified motor vehicle; but

      • “(b) may only confirm or deny, as permitted by subsection (1).

    “240 Further restrictions

    • “(1) Despite section 238, for a period of up to 28 days the Registrar may decline to supply information if the Registrar is considering whether to exercise the power provided for in subsection (2).

      “(2) The Registrar may grant confidential status in respect of a specified motor vehicle if the Registrar certifies that the supply of owner personal information about the owner of that motor vehicle or information on that motor vehicle would be likely to prejudice—

      • “(a) the security or defence of New Zealand:

      • “(b) the international relations of the Government of New Zealand:

      • “(c) the maintenance of the law, including the detection, investigation, and prevention of offences:

      • “(d) the right to a fair trial of any person:

      • “(e) the privacy or personal safety of any person.

      “(3) The Registrar must decline to supply owner personal information or information on a motor vehicle if the Registrar has granted confidential status under subsection (2).

      “(4) Despite subsection (3), information from the register—

      • “(a) may be supplied for the purposes set out in section 235(a) if—

        • “(i) the supply of the information is approved by the Registrar; or

        • “(ii) the person to whom the information is supplied is one of a class of persons approved by the Registrar for the purpose; and

      • “(b) must be released if disclosure is required by another enactment.

      • “(a) may be supplied for the purposes set out in section 235(a) to (c) if the supply of the information is approved by the Registrar; and

      • “(b) must be released if disclosure is—

        • “(i) required by another enactment; or

        • “(ii) to the Police at the request of the Commissioner of Police.

      “(5) In considering under subsection (4)(a) whether to approve a supply of information, the Registrar must—

      • “(a) consult any agency that provided advice in support of the granting of confidential status in respect of the vehicle or vehicles to which the information relates; and

      • “(b) have regard to the reasons for which that status was granted.

      “Compare: 1986 No 6 s 19(4), (5)

    “241 Authorised access to name and address only

    • “(1) After consulting with the Privacy Commissioner and the Chief Ombudsman, the Minister may, by notice in the Gazette, authorise specified persons or classes of persons to have access to the name and address of persons registered as owners of motor vehicles and information on those vehicles—

      • “(a) for specified purposes (in addition to the purposes recognised by section 235); and

      • “(b) on conditions that the Minister thinks fit; and

      • “(c) for a specified event or specified period of time not exceeding 5 years.

      “(2) The Minister may, as he or she thinks fit, cancel or amend by notice in the Gazette a notice published under subsection (1).

      “(3) The Registrar may withhold the name and address of any person registered as the owner of a motor vehicle from a person authorised by a notice published under subsection (1) until the Registrar is satisfied that—

      • “(a) the name and address will be—

        • “(i) kept secure by that person and his or her agents, if any; and

        • “(ii) used only for the purpose specified in the notice published under subsection (1); and

      • “(b) provision of the name and address will not compromise the purpose of any confidential status granted under section 240; and

      • “(c) any conditions specified in that notice will be complied with.

    “242 Complaints procedure

    • “(1) Complaints may be made to the Attorney-General against a decision of the Registrar made under section 240(1) or (2).

      “(2) The Attorney-General may investigate a complaint and either—

      • “(a) confirm the decision of the Registrar that was the subject of the complaint; or

      • “(b) if the Attorney-General considers that the complaint is valid, reverse the Registrar’s decision.

      “Compare: 1986 No 6 s 19(5A)”.

    (4A) The following section is inserted in its appropriate order:

    “242A Authorised access to name and address only

    • “(1) After consulting with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police, the Secretary may, by notice in the Gazette, authorise specified persons or classes of persons to have access to the names and addresses of persons registered in respect of motor vehicles and information on those vehicles—

      • “(a) for specified purposes (in addition to the purposes recognised by section 235); and

      • “(b) on conditions that the Secretary thinks fit; and

      • “(c) for a specified event or specified period of time not exceeding 5 years.

      “(2) The Secretary may, as he or she thinks fit, cancel or amend by notice in the Gazette a notice published under subsection (1).

      “(2A) An application for authorisation under subsection (1) must be—

      • “(a) made to the Secretary in accordance with any regulations made under this Part; and

      • “(b) accompanied by the prescribed fee.

      “(2B) The Secretary must decide whether to approve the application, and must inform the applicant of his or her decision, within a reasonable time after receiving the information reasonably required by him or her to make the decision.

      “(2C) The Secretary may refuse to consider the application if the Secretary believes that it is vexatious or frivolous.

      “(3) The Registrar may withhold the names and addresses of registered persons from a person authorised by a notice published under subsection (1) until the Registrar is satisfied that—

      • “(a) the names and addresses will be—

        • “(i) kept secure by that person and his or her agents, if any; and

        • “(ii) used only for the purpose specified in the notice published under subsection (1); and

      • “(b) provision of the names and addresses will not compromise the purpose of any confidential status granted under section 240; and

      • “(c) any conditions specified in that notice will be complied with.

      “(4) An authorisation under subsection (1) does not authorise any person or class of person to have access to the names and addresses of persons—

      • “(a) who were previously registered in respect of motor vehicles; or

      • “(b) who have notified the Registrar, in accordance with any regulations made under this Part, that they do not wish to have their names and addresses made available under subsection (1).”

    (5) The following heading and sections are inserted in their appropriate order:

    “Registration and licensing requirements

    “243 Motor vehicles must be registered and licensed

    • “(1) A motor vehicle must not be operated on a road unless the motor vehicle—

      • “(a) is registered and licensed in accordance with this Part; and

      • “(b) has affixed to it and displayed in the manner prescribed by regulations made under this Part—

        • “(i) the registration plates issued under this Part for it; and

        • “(ii) a current licence issued for it and appropriate for its use under section 245.

      “(2) The owner of a motor vehicle registered person registered in respect of a motor vehicle in accordance with this Part must—

      • “(a) keep the motor vehicle licensed at all times in accordance with this Part; and

      • “(b) ensure that the prescribed fees and accident insurance levies are paid for the licensing for the time that the motor vehicle is required to be licensed (whether or not it is actually licensed).

      “(3) Subsections (1) and (2) do not override any provisions of this Part or of regulations made under this Part that provide expressly for a motor vehicle to be operated on a road otherwise than in accordance with subsections (1) and (2).

      “(4) To avoid doubt, a A motor vehicle that is a registered motor vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding former Act immediately before the commencement of this Part is to be treated as if it were registered under this Part.

      “Compare: 1986 No 6 s 5(1), (1A), (5)

    “244 Application for registration

    • “(1) An application for registration of a motor vehicle must be—

      • “(a) made by or on behalf of the owner to the Registrar, in a form acceptable to the Registrar in accordance with any regulations made under this Part; and

      • “(b) accompanied by—

        • “(i) the prescribed registration fee; and

        • “(ii) an application for a licence for the motor vehicle.

      “(2) The only persons who may be registered as owners in respect of motor vehicles are—

      • “(a) a natural person of or over 15 years of age; or

      • “(b) a body corporate; or

      • “(c) an agent of the Executive Government of New Zealand.

      “(2A) If more than 1 person owns a motor vehicle, only 1 of them may be registered in respect of that vehicle at any given time.

      “(3) Unless the registration is cancelled under this Part, the registration of a motor vehicle continues in force without renewal.

      “(4) In relation to a vehicle treated by virtue of section 243(4) as if it were registered under this Part,—

      • “(a) the person registered as the owner of the vehicle immediately before the commencement of this section is to be treated as being registered in respect of the vehicle under this Part; and

      • “(b) if there is more than 1 such person, each of them is to be treated as being so registered (accordingly, subsection (2A) does not apply until there is to be a change of registered person).

      “Compare: 1986 No 6 ss 6A, 7(1), (1A), (2), (3), (4), 8(2), 22(3)

    “245 Application for, and issuing of, licence

    • “(1) An application for a licence for a motor vehicle must be made to the Registrar by or on behalf of the owner in a form acceptable to the Registrar person registered (or to be registered) in respect of the vehicle in accordance with any regulations made under this Part.

      “(2) As soon as practicable after receiving a completed application under subsection (1), together with the prescribed fees and accident insurance levies, the Registrar must, if satisfied that the application is in order, issue the appropriate licence for the motor vehicle—

      • “(a) in accordance with any regulations made under this Part; and

      • “(b) for a licensing period specified in any regulations made under this Part.

      “(3) A licence must not be issued for a motor vehicle that is not registered in accordance with section 243.

      “(4) In relation to a vehicle treated by virtue of section 243(4) as if it were registered under this Part, a licence issued for the vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and in force immediately before the commencement of this section continues to have effect as if it had been issued for the vehicle under this Part.

      “Compare: 1986, 1986 No 6 ss 10(1), (2), 13(1)–(3)

    “246 Commencement of licence

    • Except as otherwise prescribed by regulations made under this Part, a licence commences,—

      • “(a) in the case of a newly registered motor vehicle, on the day of its registration; or

      • “(b) on the day after the expiry of the previous licence.

    “247 Change of use of motor vehicle

    • “(1) If a motor vehicle is to be used for a purpose other than that indicated by the existing licence, the owner person registered in respect of the motor vehicle must, without delay, apply for the appropriate new licence.

      “(2) The issue of a new licence must be in accordance with regulations made under this Part.

      “Compare: 1986 No 6 s 16(1)”.

    (6) The following heading and section are inserted in their appropriate order:

    “Change of registration of ownership of motor vehicle registered person on sale or other disposition

    “248 Obligations on of sellers and acquirers of motor vehicles

    • “(1) After the sale of a registered motor vehicle,—

      • “(a) the person registered as the owner in respect of the vehicle at the time of sale must, without delay, notify the Registrar, in a form acceptable to the Registrar, of the particulars required by any regulations made under this Part; and

      • “(b) the person who acquires a motor vehicle must, without delay, notify the Registrar, in a form acceptable to the Registrar, of the particulars required by any regulations made under this Part.

      “(2) A person must, without delay, notify the Registrar, in a form acceptable to the Registrar, of the particulars required by any regulations made under this Part, if that person acquires a motor vehicle—

      • “(a) by means other than the sale of that vehicle; and

      • “(b) in a manner specified in any regulations made under this Part.

      “(3) A notification required by this section must be made in accordance with any regulations made under this Part.”

    (7) The following sections are inserted in their appropriate order:

    “249 Prohibition against use of motor vehicle

    • “(1) This section applies if an enforcement officer or a parking warden believes on reasonable grounds that—

      • “(a) a person driving a motor vehicle on a road has committed an offence in relation to which an officer or warden has enforcement powers under this Act or another enactment; and

      • “(b) the motor vehicle is not registered under this Part in the name of the current owner of the motor vehicle or with the current address of that person.

      “(2) The enforcement officer or parking warden may give to the driver or owner of the motor vehicle, if present, or affix or cause to be affixed to the motor vehicle, a notice in the form approved by the Registrar for the purpose directing that the motor vehicle—

      • “(a) be removed from the road immediately; and

      • “(b) not be driven on a road for as long as the notice is in force in accordance with subsection (3).

      “(3) A notice given under subsection (2)—

      • “(a) comes into effect at 11.59 pm on the working day after the day when the notice is issued (unless the name and current address of the owner are registered before that time); and

      • “(b) remains in force until the motor vehicle has been registered in the name and current address of the owner.

      “(4) Where more than 1 person owns a motor vehicle, reference in this section to the owner is to any 1 of those persons.

    “250 Circumstances when motor vehicle may be seized and impounded

    • “(1) An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle if the enforcement officer believes on reasonable grounds that a person has driven the motor vehicle on a road while a notice given under section 249(2) was in force.

      “(2) If a motor vehicle is seized and impounded under subsection (1), the enforcement officer must issue to the driver of the motor vehicle, if present, and to the storage provider, copies of a notice in the form approved by the Registrar for the purpose that—

      • “(a) acknowledges that the specified motor vehicle has been seized and impounded; and

      • “(b) sets out the following matters (if the particulars are reasonably ascertainable):

        • “(i) the name and address of the driver; and

        • “(ii) the year and make of the motor vehicle, and the details of its registration plates or vehicle identification number; and

        • “(iii) the date and time of the seizure; and

        • “(iv) the place where the motor vehicle is, or is to be, impounded; and

        • “(v) an outline of the person’s driver's rights of appeal under section 268.

    “251 Personal property

    • Personal property (other than property attached to or used in connection with the operation of the motor vehicle) present in a motor vehicle at the time of its seizure and impoundment under section 250 must be released—

      • “(a) on request made at the time of the seizure, to a person who produces satisfactory evidence that he or she was lawfully entitled to possess the motor vehicle or the personal property immediately before the motor vehicle was seized and impounded; or

      • “(b) subsequently, to—

        • “(i) the owner of the personal property; or

        • “(ii) a person acting on behalf of the owner of the personal property, if the person produces satisfactory evidence of the owner’s consent to the property being released to that person.

    “252 Storage of impounded motor vehicles

    • “(1) A motor vehicle seized and impounded under section 250 must be stored as and where the enforcement officer directs.

      “(2) The owner of the impounded motor vehicle is liable for the fees and charges incurred for towage and storage.

      “(3) The local authority or storage provider, as the case may be, is entitled to recover the due fees and charges from the owner of the motor vehicle.

      “(4) Subsections (2) and (3) do not limit or affect any rights that may be exercised by the vehicle recovery service operator, the storage provider, or the local authority against the owner of the motor vehicle, or in respect of the motor vehicle.

      “(5) No person may remove or release an impounded motor vehicle from storage, unless that is permitted under this Act.

      “(6) For the purpose of this section, the Commissioner, a person authorised for the purpose by the Commissioner, or a local authority may, as that person thinks necessary, enter into appropriate arrangements with vehicle recovery service operators and storage providers.

    “253 Release of motor vehicle

    • “(1) The person registered as the owner of a motor vehicle that has been seized and impounded under section 250, or a person authorised for the purpose by the person registered as the owner, is entitled to recover the motor vehicle from storage by—

      • “(a) showing to an enforcement officer—

        • “(i) proof of the owner’s identity and either—

          • “(A) the certificate of registration of the motor vehicle in the name of that owner; or

          • “(B) proof that the owner has supplied to the Registrar the details required under section 248(1); and

        • “(ii) proof that all infringement fees and no fines for which an owner is liable, and that were incurred while the person registered as the owner owned the motor vehicle, have been paid are in default; and

      • “(b) paying the towage and storage fees and charges.

      “(2) The storage provider must release the motor vehicle as soon as practicable after the requirements of subsection (1) have been satisfied.

      “(3) An enforcement officer must order the release of an impounded motor vehicle to the registered owner of the motor vehicle, or a person authorised for the purpose by the person registered as the owner, as soon as practicable after receiving evidence that the motor vehicle was registered in the name of that owner, owner and with the current address of that owner, at the time of its impoundment.

      “(4) The registered owner of a motor vehicle released under subsection (3) is not liable to pay the fees and charges for towing and storing the motor vehicle.

    “254 Disposal of motor vehicle

    • “(1) This section applies to a motor vehicle seized and impounded under section 250 if the motor vehicle is not released within 10 working days of its impoundment.

      “(2) The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5), as appropriate.

      “(3) A storage provider that is not a local authority may—

      • “(a) apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2); and

      • “(b) with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.

      “(4) If approval is given under subsection (3) for the disposal of a motor vehicle, the storage provider becomes the owner of the motor vehicle for all purposes.

      “(5) A storage provider that is a local authority may dispose of a motor vehicle under subsection (2) in accordance with section 356A(7), (8), and (9) of the Local Government Act 1974.

      “(6) However, before disposing of a motor vehicle under subsection (3) or (5), a storage provider must—

      • “(a) search the personal property securities register to identify every person with a security interest in the motor vehicle; and

      • “(b) notify in writing every person with a security interest in the motor vehicle.

      “(7) For the purposes of subsection (6), security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999.

    “255 Impounded motor vehicle not to be damaged

    • “(1) This section applies to a person authorised by an enforcement officer to—

      • “(a) enter a motor vehicle for the purpose of moving it or preparing it for movement; or

      • “(b) impound a motor vehicle.

      “(2) The person referred to in subsection (1) must do everything reasonably necessary to ensure that the motor vehicle and personal property in or on the motor vehicle are not damaged.”

    (8) The following heading and sections are inserted in their appropriate order:

    “Cancellation of registration

    “256 Cancellation of registration

    • The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part.

    “257 Discretion to refund fees

    • “(1) This section applies if—

      • “(a) the Registrar cancels the registration of a motor vehicle under section 256; or

      • “(b) a person surrenders a trade plate before the expiry of that plate and the Registrar considers it appropriate to exercise the power specified in subsection (2).

      “(2) If this section applies, the Registrar may, without further appropriation authority than this section, refund or cause to be refunded out of the a Crown Bank Account an amount equal to the amount of the—

      • “(a) licence fee paid for the period for which registration is cancelled:

      • “(b) trade plate fee paid for the period for which the trade plate is surrendered.

      “Compare: 1986 No 6 s 27(2)”.

    (9) The following heading and section are inserted in their appropriate order:

    “Registration plates

    “258 Issue of plates and certificates of registration

    • “(1) The Registrar must, if satisfied that an application for registration of a motor vehicle made in accordance with regulations made under this Part is in order,—

      • “(a) in the case of ordinary plates,—

        • “(i) assign numbers, letters, a distinguishing mark, or a combination of any of these for the ordinary plates that are to be affixed to the motor vehicle; and

        • “(ii) issue to the applicant an ordinary plate or plates for the motor vehicle; and

      • “(b) in the case of personalised plates, issue the unique numbers, letters, distinguishing marks, or combination of any of these assigned for use on the plates that are to be affixed to the motor vehicle; and

      • “(c) issue a certificate of registration for the motor vehicle.

      “(2) A new number or distinguishing mark may be assigned to the motor vehicle if new ordinary plates are issued for it.

      “(3) Ordinary plates issued under this section must be displayed on the motor vehicle unless personalised plates or trade plates are displayed in accordance with this Part or regulations made under this Part.

      “(4) A person to whom registration plates are issued under this section must, at the discretion of the Registrar, surrender any existing registration plates for that motor vehicle to the Registrar.

      “Compare: 1986 No 6 s 8(1)–(3)”.

    (10) The following section is inserted in its appropriate order:

    “259 Supplementary plates

    • “(1) The person registered as the owner of a motor vehicle A registered person may apply to the Registrar for supplementary plates in a form acceptable to the Registrar in accordance with any regulations made under this Part.

      “(2) Supplementary plates must be issued and displayed in accordance with any such regulations made under this Part.”

    (11) The following sections are inserted in their appropriate order:

    “260 Contract to dispose of rights to personalised plates

    • “(1) The Registrar may, after consulting with the Minister, enter into a contract to authorise a person to sell or otherwise dispose of the exclusive right to 1 or more letters or numbers, or a combination of both, allocated in accordance with regulations made under this Part for use on personalised plates.

      “(1A) Nothing in subsection (1) limits the number of contracts that may be in force under this section at any given time (whether in respect of the same or different letters or numbers or combinations of both).

      “(1B) A contract that was entered into under section 9 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and is in force immediately before commencement of this section is deemed to have been entered into under and in accordance with this section.

      “(1C) A contract entered into (or deemed to have been entered into) under this section may be terminated by either party on giving reasonable notice to the other party, despite anything to the contrary in the contract or elsewhere.

      “(2) If no contract is in force under this section in respect of particular letters or numbers or combinations of both, the Registrar is the person entitled to sell or dispose of the exclusive right referred to in subsection (1) to those letters or numbers or combinations of both for use on personalised plates.

      “Compare: 1986 No 6 s 9(2), (4), (5)

    “261 Acquisition and disposal of personalised plates

    • “(1) A person who wishes to purchase or otherwise acquire personalised plates, or the exclusive right specified in section 260, may—

      • “(a) apply to the authorised person referred to in section 260—

        • “(i) to purchase the exclusive right specified in section 260; or

        • “(ii) to convert the existing registration plates of a motor vehicle to personalised plates bearing the same combination of letters and numbers as the existing plates; or

      • “(b) purchase that exclusive right on the open market, whether or not the personalised plates have been manufactured.

      “(2) A person who purchases or otherwise acquires personalised plates, or the exclusive right specified in section 260, may—

      • “(a) sell or otherwise dispose of them to any other person; or

      • “(b) transfer them between motor vehicles owned by that person; or

      • “(c) surrender them for ordinary plates.

      “(3) Despite anything in subsections (1) and (2), a person transferring, selling, disposing of, acquiring, or surrendering personalised plates must transfer, sell, dispose of, acquire, or surrender the plates in accordance with any regulations made under this Part.

      “(4) Personalised plates must be issued in accordance with any regulations made under this Part.

      “Compare: 1986 No 6 ss 9A, 9B, 9C”.

    (12) The following sections are inserted in their appropriate order:

    “262 Eligibility for trade plates

    • The Minister may, by notice in the Gazette,—

      • “(a) declare the persons or classes of persons who are eligible to apply for and receive trade plates; and

      • “(b) prescribe the purpose for which trade plates may be used, how they must be displayed, and any conditions for their use; and

      • “(c) remove the eligibility of persons or classes of persons to apply for and receive or to use trade plates.

    “263 Application for trade plates

    • “(1) A person who is, or who is within a class of persons, eligible to receive trade plates may apply to the Registrar for trade plates.

      “(2) An application must be—

      • “(a) made in a form acceptable to the Registrar in accordance with any regulations made under this Part; and

      • “(b) accompanied by—

        • “(i) the prescribed fee; and

        • “(ii) the accident insurance levy.

      “(3) Trade plates must be issued and used in accordance with any regulations made under this Part.

      “Compare: 1986 No 6 s 30(2), (3)

    “264 Transitional provision for existing registration plates

    • Registration plates issued under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding Act are to be treated as registration plates issued under this Part.”

    (13) The following heading and sections are inserted in their appropriate order:

    “General provisions relating to registration and licensing

    “265 Replacement of certificate of registration, licence, or registration plates

    • “(1) If the certificate of registration, licence, or registration plates for a motor vehicle have been lost, stolen, damaged, or destroyed, the registered person registered as the owner of the motor vehicle may, in accordance with any regulations made under this Part, apply for a replacement or duplicate of the certificate of registration, licence, or registration plates.

      “(2) The Registrar may, if satisfied that subsection (1) applies and that the application is complete, issue (in accordance with any regulations made under this Part), a replacement or duplicate of the certificate of registration, licence, or registration plates.

      “(3) In the case of registration plates,—

      • “(a) the replacement or duplicate must have the same letters, numbers, distinguishing marks or combination of letters, numbers or distinguishing marks as were assigned to the plates that were lost, stolen, damaged, or destroyed; but

      • “(b) nothing in this section requires the Registrar to issue an exact replica of those plates (for example, in terms of colour, format, font, or size).

    “266 Surrender and seizure of registration plates and facsimile plates

    • “(1) The Registrar may order the surrender of—

      • “(a) any registration plates if the Registrar is satisfied that the plates—

        • “(i) are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or

        • “(ii) being ordinary plates, are not affixed to a motor vehicle; or

        • “(iii) have been issued in error or are being used (or are likely to be used) unlawfully; or

      • “(b) personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or

      • “(c) facsimile plates.

      “(2) An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—

      • “(a) are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or

      • “(b) being ordinary plates, are not affixed to a motor vehicle; or

      • “(c) have been issued in error or are being used (or are likely to be used) unlawfully; or

      • “(d) have been ordered by the Registrar to be surrendered under subsection (1) or in accordance with any regulations.

      “(3) An enforcement officer may seize and destroy any facsimile plates.

      “(4) For the purposes of subsections (1)(c) and (3), facsimile plate means any thing that is not a registration plate but is made to appear as if it is a registration plate.

      “Compare: 1986 No 6 ss 8(4), 9D(3)

    “267 Registrar may prohibit or decline to issue plates

    • The Registrar may, in accordance with regulations made under this Part,—

      • “(a) prohibit the use of certain numbers, letters, or combinations of numbers or letters on personalised plates:

      • “(b) decline to issue supplementary plates:

      • “(c) decline to issue trade plates.”

    (14) The following section is inserted in its appropriate order:

    “268 Appeal to District Court

    • “(1) A person may appeal to a District Court against a specified decision made under this Part by the Registrar or an enforcement officer if the person—

      • “(a) is a person in respect of whom the decision was made; and

      • “(b) is dissatisfied with the decision.

      “(2) The Court may confirm, reverse, or modify the specified decision appealed against.

      “(3) Every specified decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with this Part on the ground that an appeal is pending.

      “(4) For the purposes of this section, a specified decision means a decision to—

      • “(a) seize and impound a motor vehicle under section 250:

      • “(b) refuse to issue a supplementary plate or a trade plate in accordance with regulations made under this Part:

      • “(c) require the surrender of ordinary plates, personalised plates, supplementary plates, or trade plates in accordance with section 266 or any regulations made under this Part:

      • “(d) seize plates under section 266(2).”

    (15) The following heading and section are inserted in their appropriate order:

    “Offences and penalties

    “269 Infringement offences

    • An enforcement authority may, in relation to infringement offences against regulations made under this Part, exercise the powers specified in sections 138 to 141.”

    (16) The following heading and section sections are inserted in their appropriate order:

    “Regulations

    “270 Regulations

    • “(1) The Governor-General may, by Order in Council, make regulations—

      • “(a) providing for—

        • “(i) the licensing and registration of motor vehicles, including (but not limited to)—

          • “(A) the requirements for eligibility:

          • “(B) application procedures:

          • “(C) cancellation:

          • “(D) correction of errors or inaccuracies:

          • “(E) cases where particulars need not be recorded on the register:

        • “(ii) the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—

          • “(A) a statutory declaration by the person to be registered as the owner in respect of a motor vehicle that he or she the person is the owner of the motor vehicle:

          • “(AA) evidence of a person's identity (such as a driver licence):

          • “(AB) the certificate of registration for a motor vehicle:

          • “(B) a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:

          • “(C) a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:

          • “(D) evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:

        • “(iii) the manufacture, issuing, cancellation, refusal to issue, the or surrender of licences and registration plates, and the imposition of conditions for using licences and registration plates:

        • “(iv) the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:

      • “(b) exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—

        • “(i) any specified requirements of this Part or of regulations made under this Part:

        • “(ii) any prescribed fees:

      • “(c) authorising the Registrar to impose imposing, or authorising the Registrar to impose, conditions in respect of—

        • “(i) the use of licences or registration plates:

        • “(ii) the operation of a registered motor vehicle on a road:

        • “(iii) any matter provided for in regulations made under this Part:

      • “(d) providing for applications for, and the issue of, replacement or duplicate certificates, licences, and plates:

      • “(d) making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):

      • “(e) prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:

      • “(ea) permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:

      • “(f) prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:

      • “(g) prescribing, or authorising the Registrar to prescribe,—

        • “(i) the form and colour of registration plates; and

        • “(i) the form, colour, and material of licences and registration plates; and

        • “(ii) the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences and registration plates; and

        • “(iii) the means to make licences and registration plates easily visible; and

        • “(iv) the number of licences and registration plates to be displayed and the position and manner in which they are to be displayed; and

        • “(v) the eligibility requirements for licences, licence labels, and registration plates; and

        • “(vi) the duration of licences and registration plates:

      • “(h) specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:

      • “(i) authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 248 or of personalised plates or of trade plates on the register, even if a party has failed to comply with the requirements of section 248 or any regulations made under this Part, and prescribing the circumstances in which such particulars may be entered:

      • “(j) specifying offences for the purposes of this Part:

      • “(k) specifying infringement offences for the purposes of this Part:

      • “(l) setting out defences to any offences specified under paragraph (j) or (k):

      • “(m) setting out the maximum penalty for each offence specified under paragraph (j), which,—

        • “(i) in the case of an individual, may be a fine not exceeding $10,000; and

        • “(ii) in the case of a body corporate, may be a fine not exceeding $50,000:

      • “(n) setting the infringement fee for each offence specified under paragraph (k), which,—

        • “(i) in the case of an individual, may not exceed $2,000; and

        • “(ii) in the case of a body corporate, may not exceed $10,000:

      • “(o) prescribing fees or charges payable in respect of—

        • “(i) any application made, or other matter undertaken, under this Part:

        • “(ii) any transfer of personalised plates:

      • “(p) prescribing fees or charges to cover the costs of—

        • “(i) providing information from, or administrative services related to, the register:

        • “(ii) producing and issuing licences and registration plates:

        • “(iii) replacement certificates, licences, or registration plates:

      • “(pa) identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003:

      • “(pb) providing for unpaid fees and charges to be recoverable as a debt due to the Crown:

      • “(q) providing for the refund or abatement of fees prescribed under this Act:

      • “(r) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.

      “(2) Without limiting the generality of subsection (1), regulations may—

      • “(a) define a class of motor vehicles by reference to—

        • “(i) the actual or intended motor vehicle usage:

        • “(ii) ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:

        • “(iii) loss of possession or control, whether because of theft or another specified reason:

      • “(b) provide that if a registered person registered as the owner applies for an exemption from the requirement in section 243(2) later than 60 days after the expiry of the latest licence issued for the relevant motor vehicle, the person is liable to pay the proportion of the annual licence fee for that motor vehicle for the period—

        • “(i) commencing on the day after the date of expiry of the former licence; and

        • “(ii) ending on the close of the day immediately before the date when the application for an exemption is lodged:

      • “(c) authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)(b) if he or she the Registrar is satisfied that for any reason the motor vehicle to which the application relates will not be operated on a road while the exemption has effect:

      • “(d) provide that exemptions referred to in subsection (1)(b) have effect, in each case, for the period that the Registrar thinks fit, unless any limitations are imposed by the regulations made under this Part:

      • “(e) provide that exemptions from the requirements in section 243(1) or (2) have no effect while a motor vehicle is being operated on a road, even if the exemption is conferred by or under the regulations made under this Part:

      • “(f) provide for the renewal or revocation of exemptions referred to in subsection (1)(b) that are granted by the Registrar:

      • “(g) prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicle vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:

      • “(h) prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plates plate.

      “(3) Section 168 applies to regulations made under subsection (1)(o) or (p) of this section as it applies to regulations made under section 167(1)(j).

      “(4) Without limiting the generality of subsection (3), the following are exempt from any fee or charge payable under this Part for the supply of information from the register of motor vehicles:

      • “(a) the New Zealand Police:

      • “(b) a statutory entity (within the meaning of the Crown Entities Act 2004):

      • “(c) a department specified in Schedule 1 of the State Sector Act 1988.

      “Compare: 1986 No 6 s 35A

    “270A Fees and charges identified as land transport revenue

    • “(1) This section applies to regulations made by Order in Council under section 270 that prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 (relevant regulations).

      “(2) If relevant regulations are made on or before 30 June in any year, they expire on the close of 31 December of that year except so far as they are expressly confirmed by Act of Parliament passed during that year.

      “(3) If relevant regulations are made on or after 1 July in any year, they expire on the close of 31 December in the following year except so far as they are expressly confirmed by Act of Parliament passed before the end of that following year.

      “(4) If relevant regulations expire by virtue of subsection (2) or (3), the fees or charges replaced or altered by those regulations are, from the expiry of those regulations and until the fees or charges are again replaced or altered, the same as they were immediately before those regulations came into force.

      “(5) The reference in subsection (4) to fees or charges replaced or altered by relevant regulations includes fees or charges—

      • “(a) prescribed (or having effect as if prescribed) under section 167 or 168B in respect of the same or substantially the same matter; and

      • “(b) in force immediately before the commencement of this section.

      “(6) If relevant regulations expire by virtue of subsection (2) or (3), any fees and charges collected by virtue of those regulations in excess of the fees and charges otherwise payable must, except in so far as any other provision is made by an Act of Parliament, be refunded.

      “(7) Relevant regulations that the House of Representatives resolves should be revoked or varied are revoked or varied in accordance with the terms of the resolution, and any fees and charges collected under the relevant regulations in excess of the fees and charges otherwise payable are, so far as that resolution provides, to be refunded.

      “(8) The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming relevant regulations under subsection (2) or (3) does not, unless there is any express provision to the contrary, affect the validity or confirmation of the relevant regulations in question.”

    (17) The following headings and sections are inserted in their appropriate order:

    “Appointment

    “270B Appointment of Registrar

    • Nothing in this Part prevents the Minister from appointing the Agency to be the Registrar of Motor Vehicles if the Minister thinks it appropriate to do so.

    “Delegations and authorisations

    “271 Delegations

    • “(1) The Registrar may, either generally or particularly, delegate to specified persons any of his or her the Registrar's functions or powers under this Part.

      “(2) However, subsection (1) does not permit the Registrar to delegate a function or power to a person or a class of persons not employed in the State services (within the meaning of the State Sector Act 1988), except with the written consent of the Minister.

      “(3) If the Registrar delegates functions or powers to a person under this section, that person—

      • “(a) may, with the prior approval of the Minister, delegate to another person approved functions or powers; and

      • “(b) is, in the case of a person not employed in the State services, subject to—

        • “(i) the Official Information Act 1982; and

        • “(ii) the Ombudsmen Act 1975.

      “(4) A person to whom functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.

      “(5) The Registrar may—

      • “(a) delegate a power or function or power under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being; and

      • “(b) impose general or special directions or conditions.

      “(6) A delegation may be given for a specific or indefinite period, but in either case is revocable at will.

      “(7) A delegation of a power or function or power does not prevent the performance of that function or the exercise of that power or function by the Registrar.

      “(8) A delegation given under this section—

      • “(a) continues in force according to its tenor until it is revoked, even if the Registrar who gave the delegation ceases to hold office ceases to be Registrar; and

      • “(b) continues to have effect as if it were made by the person holding office appointed as Registrar.

      “(9) A person acting or purporting to act under a delegation under this section must, when reasonably requested, produce evidence of his or her the person's authority to do so.

      “(10) In this section, person includes a body corporate, but does not include an unincorporated body of persons.

      “Compare: 1986 No 6 s 51A

    “272 Authorisations by Registrar

    • “(1) The Registrar may—

      • “(a) authorise any persons, or their agents or employees, to issue licences, certificates of registration, and registration plates for motor vehicles under this Part (including replacements as appropriate); and

      • “(b) specify how the authority must be exercised; and

      • “(c) appoint, and specify the functions and duties of, agents for notifying a change of ownership of a motor vehicle.

      “(2) A person who is authorised under subsection (1) and is not employed in the State services is subject to—

      • “(a) the Official Information Act 1982; and

      • “(b) the Ombudsmen Act 1975.

      “Compare: 1986 No 6 ss 8(6), 13(6), 34(2)”.

    (18) The following heading and sections are inserted in their appropriate order:

    “Fees and charges

    “273 Application of fees and charges

    • All prescribed fees (not being fines, infringement fees, or other penalties) received on behalf of the Crown under this Part must be paid into the Crown Bank Account and credited to the national land transport fund.

      “Compare: 1986 No 6 s 36

    “273 Land transport revenue to be paid into national land transport fund

    • All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue.

      “Compare: 1986 No 6 s 36

    “273A Other prescribed fees received under this Part

    • “(1) This section applies to prescribed fees that are received under this Part and that are not referred to in section 273.

      “(2) Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.

      “(3) However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.

      “(4) For the purposes of this section, prescribed recipient means the person who is specified in regulations made under this Part as the person to whom any fees or charges, or both, are payable.

      “Compare: 1986 No 6 s 36AA

    “274 Exemption, waiver, or discount for fees or charges

    • Despite anything in this Part or in regulations made under this Part, if the Registrar considers that it is in the public interest to do so, the Registrar may waive or grant an exemption or discount in respect of a fee or charge payable for the supply of information from a register.

      “Compare: 1986 No 6 s 36A”.

Part 2
Repeal, revocation, and consequential amendments

19 Repeal

  • The Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6) is repealed.

20 Revocation

  • The Transport (Vehicle Registration and Licensing) Amendment Regulations 2006 (SR 2006/380) are revoked.

21 Consequential amendments

  • (1) The Land Transport Act 1998 is consequentially amended in the manner set out in Schedule 1.

    (1A) The heading to Part 5 of Schedule 2 of the Land Transport Act 1998 is amended by omitting “1 July 2009” and substituting “date or dates appointed by Order in Council”.

    (1B) The Land Transport Amendment Act (No 2) 2006 is amended by repealing sections 2(1) and 6.

    (2) The Acts specified in Part 1 of Schedule 2 are consequentially amended in the manner set out in that Part.

    (3) The regulations specified in Part 2 of Schedule 2 are consequentially amended in the manner set out in that Part.

    (4) The Land Transport Rules specified in Part 3 of Schedule 2 are consequentially amended in the manner specified in that Part.

    (5) From the commencement of this section, every reference in any enactment or document to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 must, unless the context otherwise requires, be read as a reference to Part 17 of the Land Transport Act 1998.

    (6) From the commencement of this section, every reference in any enactment or document to trade licence must, unless the context otherwise requires, be read as a reference to trade plate as defined in section 233(1) of the Land Transport Act 1998.

Schedule 1
Consequential amendments to Land Transport Act 1998

s 21(1)

Section 2(1)

Definition of enforcement authority: insert “(except in relation to Part 17)” after “means”.

Definition of licensed: omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17”.

Definition of Register of Motor Vehicles: omit “Register of Motor Vehicles” and substitute “register of motor vehicles”.

Definition of Register of Motor Vehicles: omit “section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 234”.

Definition of Register of Motor Vehicles: repeal and substitute:

“register of motor vehicles means the register continued and maintained under section 234”.

Definition of registered: insert “or Part 17” after “1986”.

Definition of registered: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17”.

Section 13

Subsection (1): insert “71A,” after “70,”.

Subsection (2): insert “71A,” after “70,”.

Section 49

Subsection (1)(a): omit “and 123” and substitute “123, and 250”.

Subsection (1)(b): omit “and 123” and substitute “123, and 250”.

Section 56(4)

Insert “57A(1),” after “sections”.

Section 58(3)

Insert “57A(1),” after “56(2),”.

Section 60(3)

Insert “57A(1),” after “56(2),”.

Section 61(3A)

Insert “or section 57A(1),” after “or (2),”.

Section 67(1)

Insert “57A(1),” after “57(2),”.

Section 96(2)(c)

Omit “Register of Motor Vehicles” and substitute “register of motor vehicles”.

Repeal and substitute:

  • “(c) give the person registered under Part 17 in respect of the vehicle a copy of the notice, if that person is present at the time of the seizure, or as soon as practicable send a copy to that person by ordinary post to that person's last known place of residence or business or postal address, or address as recorded on the register of motor vehicles; and”.

Section 96A(2)(c)

Repeal and substitute:

  • “(c) give the person registered under Part 17 in respect of the vehicle a copy of the notice, if that person is present at the time of the seizure, or as soon as practicable send a copy to that person by ordinary post to that person's last known place of residence or business or postal address, or address as recorded on the register of motor vehicles; and”.

Section 98(1)

Omit “registered” in each place where it appears.

Section 99(1)(b)

Insert after subparagraph (vi):

  • “(via) section 57A(1):”.

Section 103(2)(d)(ii)

Insert “57A,” after “56,”.

Section 104(1)(c)

Insert “57A,” after “56,”.

Section 113(1)(a)

Omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986,”.

Section 123(3)

Omit “registered owner” and substitute “person registered under Part 17 in respect”.

Section 133(1)(b)

Insert “or section 234” after 1986.

Repeal and substitute:

  • “(b) the person who, at the time of the alleged offence, was registered under Part 17 in respect of the vehicle involved in the offence (or, if the offence is alleged to have been committed before the commencement of section 243, a person who, at the time of the alleged offence, was registered as the owner, or 1 of the owners, of that vehicle in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986):”.

Section 155(f)

Omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17”.

Section 160(5)

Add “or Part 17”.

Section 167(2)(a)(ii)

Insert “57A,” after “56(2),”.

Section 168(1)(a)

Omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986,”.

Section 168B

Repeal.

Schedule 4: Part 10

First item in the first column: add “, or section 243, Land Transport Act 1998”.

Schedule 2
Other enactments consequentially amended

s 21(2)–(4)

Part 1
Other Acts consequentially amended

Domestic Violence Act 1995 (1995 No 86)

Section 117(b): repeal and substitute:

  • “(b) section 240(2) of the Land Transport Act 1998.”

Fire Service Act 1975 (1975 No 42)

Definition of motor vehicle in section 47B(1): omit “Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Land Transport Act 1998”.

Goods and Services Tax Act 1985 (1985 No 141)

Section 5(6A): omit “section 7(3) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 243(2)(b) of the Land Transport Act 1998”.

Section 5(6A): repeal and substitute:

  • “(6A) For the purposes of this Act, any registration fee paid pursuant to section 244(1)(b)(i) of the Land Transport Act 1998 and any licence fees paid pursuant to section 245(2) of that Act are deemed to be consideration for a supply of services in the course or furtherance of a taxable activity carried on by the New Zealand Transport Agency.”

Government Roading Powers Act 1989 (1989 No 75)

Section 83(a)(i): repeal and substitute:

  • “(i) is registered under Part 17 of the Land Transport Act 1998 or is a vehicle that is exempt from registration under that Part; and”.

Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49)

Definition of trade plate in section 6(1): repeal and substitute:

“trade plate has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Section 213(2)(a): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 213(2)(b): omit “licence issued under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “plate issued under section 263(3) of the Land Transport Act 1998 that Act”.

Section 214(1): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 214(2): omit “licence issued under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “plate issued under section 263(3) of the Land Transport Act 1998”.

Section 214(3): omit “registered owner of a motor vehicle and a person who holds a trade licence issued under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “person who is registered under Part 17 of the Land Transport Act 1998 in respect of a motor vehicle or who holds a trade plate issued under section 263(3) of the Land Transport Act 1998 that Act”.

Section 216(b): omit “registered owners” and substitute “persons registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 216(c): omit “licences under section 34(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “plates under section 263(3) of the Land Transport Act 1998”.

Section 217(1): omit “section 10 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 245 of the Land Transport Act 1998”.

Section 217(1): omit “licence under section 34 of that Act” and substitute “plate under section 263 of the Land Transport Act 1998”.

Land Transport Management Act 2003 (2003 No 118)

Definition of fees and charges in section 5: omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of fees and charges in section 5: repeal.

Definition of registered owner in section 5: insert “Part 17 of the Land Transport Act 1998 or” after “under”.

Definition of registered owner in section 5: repeal.

Section 6(c): add insert “and or Part 17 of the Land Transport Act 1998” after “1986”.

Section 9(2)(b): omit “and Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “, Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, and Part 17 of the Land Transport Act 1998”.

Section 9(3)(c): add “and Part 17 of the Land Transport Act 1998”.

Section 42(1): omit “Secretary” in each place where it appears and substitute in each case “Registrar”.

Section 42(2): omit “Secretary” and substitute “Registrar”.

Section 42(5): omit “Secretary” and substitute “Registrar”.

Section 42(6): omit “Secretary” and substitute “Registrar”.

Section 42: add:

  • “(7) For the purposes of this section, Registrar has the same meaning as in section 233(1) of the Land Transport Act 1998.”

Section 52(2): omit “registered owner of the motor vehicle” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect of the motor vehicle (the registered person)”.

Section 52(3): omit “registered owner of a motor vehicle is not liable under subsection (2) to pay a toll” and substitute “registered person is not liable under subsection (2) to pay the toll”.

Section 52(3): omit “registered owner” in the second and third places where it appears and substitute “registered person”.

Section 53(a): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 53(b): omit “registered owner” and substitute “person registered under that Part in respect”.

Local Government Act 1974 (1974 No 66)

Section 356(2)(c): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 356(3)(a): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle”.

Section 356(3)(b): omit “current registered owner” and substitute “person currently registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle”.

Section 356A(2)(b)(ii): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 356A(7)(b): omit “vehicle's last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle”.

Clause 11C(d) of Schedule 10: repeal.

Machinery Act 1950 (1950 No 52)

Definition of tractor in section 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 2(1) of the Land Transport Act 1998”.

Motor Vehicle Sales Act 2003 (2003 No 12)

Definition of moped in section 6(1): repeal and substitute:

“moped has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Subsubparagraph (B) Paragraph (a)(i)(B) of the definition of used motor vehicle in section 6(1): add insert “or Part 17 of the Land Transport Act 1998” after “1986”.

Section 20(2): insert “or section 248 of the Land Transport Act 1998” after “1986”.

Section 20(2): omit “section 20 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 248 of the Land Transport Act 1998”.

Section 123: repeal and substitute:

“123 Registrar of Motor Vehicles must supply vehicle registration information to Registrar

  • “(1) The Registrar of Motor Vehicles, or any person authorised by that Registrar, must supply to the Registrar any vehicle registration information for the time being held under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17 of the Land Transport Act 1998 at the time and at the intervals agreed between the Registrar of Motor Vehicles and the Registrar.

    “(2) On receiving information from the Registrar of Motor Vehicles under this section, the Registrar may cause a comparison of that information to be made with the information held in the register.”

National Parks Act 1980 (1980 No 66)

Section 71(4)(b): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 71(5): omit “last registered owner” and substitute “person in question”.

Section 71(9): omit “Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Land Transport Act 1998”.

Petroleum Demand Restraint Act 1981 (1981 No 12)

Section 22(2)(b): insert “or section 234 of the Land Transport Act 1998” after “1986”.

Section 22(2)(b): repeal and substitute:

  • “(b) the person who, at the time of the alleged offence, was registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence (or, if the offence is alleged to have been committed before the commencement of section 243 of that Act, a person who, at the time of the alleged offence, was registered as the owner, or 1 of the owners, of that vehicle in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986):”.

Privacy Act 1993 (1993 No 28)

New sections 112A and 112B: insert after section 112:

“112A Amendment to Schedule 5

  • Before 1 January 2009, the Governor-General may, by Order in Council made on the advice of the responsible Minister given after consultation with the Privacy Commissioner, amend the item relating to the motor vehicles register under the heading Ministry of Transport records in Schedule 5 to account for a change in the person or entity responsible for the register of motor vehicles.

“112B Expiry of section 112A

  • Section 112A expires on 1 January 2009, but the expiry of that section does not affect the validity of any Order in Council that has been made under that section and that is in force immediately before that date.”

Item relating to the Land Transport Act 1998 in Part 1 of Schedule 2: omit “section 199” and substitute “sections 199 and 234”.

Item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 in Part 1 of Schedule 2: omit.

Third column of Schedule 5: omit “Ministry of Transport” in each place where it appears, except where it appears in the following places:

  • (a) in the item relating to vehicles of interest under the heading Police records:

  • (b) in the second place where it appears in the item relating to the driver licence register under the heading New Zealand Transport Agency records:

  • (c) in the item relating to the motor vehicles register under the heading Registrar of Motor Vehicles records.

Paragraph (a) of the item Item relating to the driver licence register under the heading Land Transport New Zealand New Zealand Transport Agency records in Schedule 5: omit paragraph (a) in the third column.

Item relating to the driver licence register under the heading Land Transport New Zealand New Zealand Transport Agency records in Schedule 5: add in the third column:

  • “Registrar of Motor Vehicles (access is limited to name, address, and date of birth of the current and previous owners of a specified vehicle for the purposes of—

    • “(a) verifying the identity of people who are or apply to be registered as owners of motor vehicles on the register of motor vehicles; or

    • “(b) correcting or updating owner information held on the register of motor vehicles)

“Registrar of Motor Vehicles (access is limited to obtaining information for the purposes of—

“(a)

verifying the identity of people who are or apply to be registered in respect of motor vehicles on the register of motor vehicles; or

“(b)

correcting or updating information held on the register of motor vehicles about such people)”.

Item relating to the motor vehicles register under the heading Ministry of Transport Registrar of Motor Vehicles records in Schedule 5: insert in the third column:

  • (a) “(including for the purpose of enforcing civil debts)” after “Ministry of Justice”; and

  • (b) the following items after the item relating to the Serious Fraud Office:

 “Ministry of Fisheries (access is limited to name and address details of current and previous owners of a specified vehicle for the purposes of enforcing fisheries legislation and any other enactment that confers enforcement powers on fisheries officers)
 “New Zealand Customs Service (access is limited to obtaining information for the purposes of enforcing legislation for which the Service has enforcement powers)
 “Department of Labour (access is limited to name and address details of current and previous owners of a specified vehicle for the purposes of enforcing immigration or health and safety in employment legislation)”.
 “Department of Labour (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing immigration or health and safety in employment legislation)
 “Ministry of Fisheries (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing fisheries legislation and any other enactment that confers enforcement powers on fisheries officers)
 “New Zealand Customs Service (access is limited to obtaining information for the purposes of enforcing legislation for which the Service has enforcement powers)”.

Item relating to road user charges under the heading Registrar of Motor Vehicles records in Schedule 5: insert the heading “Ministry of Transport records” immediately above the 3 columns.

Public Works Act 1981 (1981 No 35)

Section 239(2)(b): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle”.

Section 239(8): omit “Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Land Transport Act 1998”.

Reserves Act 1977 (1977 No 66)

Section 110(3)(b): omit “last registered owner” and substitute “person last registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle”.

Section 110(7): omit “Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Land Transport Act 1998”.

Road User Charges Act 1977 (1977 No 124)

Section 2(1): omit the definition of Registrar and substitute the following definition:

“Registrar has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of registration plate in section 2(1): insert “or Part 17 of the Land Transport Act 1998” after “1986”.

Section 22A(2): add “or Part 17 of the Land Transport Act 1998”.

Section 22A(2): omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Sentencing Act 2002 (2002 No 9)

Section 129(1)(a): insert “57A(1),” after “56(1) or (2),”.

Summary Proceedings Act 1957 (1957 No 87)

Section 24(1)(d): add “or Part 17 of the Land Transport Act 1998”.

Second and third columns of the items relating to the Land Transport Act 1998 in Part 2 of Schedule 1: add:

 “62(1) Causing bodily injury or death by carelessly driving under influence of drink or drug or both
 “62(1A) Causing bodily injury or death by driving impaired and with blood containing evidence of use of drugs or prescription medicine
 “62(1B) Causing bodily injury or death by driving or attempting to drive with blood containing evidence of use of drugs or prescription medicine”.
Tauranga District Council (Route K Toll) Empowering Act 2000 (2000 No 1 (L))

Section 12(2): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 12(3): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 12(3): omit “that registered owner” and substitute “that person”.

Section 13(c): omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 18: omit “registered owner” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Section 18: omit “that owner” and substitute “that person”.

Transit New Zealand Act 1989 (1989 No 75)

Section 83(a)(i): add “, or is registered under Part 17 of the Land Transport Act 1998 or is a vehicle that is exempt from registration under that Part”.

Transport Act 1962 (1962 No 135)

Paragraph (b)(v) of the definition of stationary vehicle offence in section 41A(1): add “or section 243 of the Land Transport Act 1998 (which relates to using or permitting to be used on a road a vehicle that is not licensed and registered provides that motor vehicles must be registered and licensed)”.

Paragraph (b)(vi) of the definition of stationary vehicle offence in section 41A(1): repeal and substitute the following subparagraph:

  • “(vi) section 17 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (which relates to using or permitting to be used on a road a motor vehicle that has unauthorised, deceptive, or obscured registration plates or an unauthorised licence) or any regulations made under Part 17 of the Land Transport Act 1998 that specify an offence that relates to—

    • “(A) using or permitting to be used on a road a motor vehicle that has unauthorised, deceptive, or obscured registration plates or an unauthorised licence; or

    • “(B) failing to display the appropriate registration plate or licence:”.

Paragraph (c) of the definition of stationary vehicle offence in section 41A(1): insert “or Part 17 of the Land Transport Act 1998” after “1986”.

Section 41A(2)(b): insert “or section 234 of the Land Transport Act 1998” after “1986”.

Section 41A(2)(b): repeal and substitute:

  • “(b) the person who, at the time of the alleged offence, was registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence (or, if the offence is alleged to have been committed before the commencement of section 243 of that Act, a person who, at the time of the alleged offence, was registered as the owner, or 1 of the owners, of that vehicle in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986):”.

Section 199B(1): repeal and substitute:

  • “(1) Despite anything in this Act or any other Act, but subject to this section,—

    • “(a) the Secretary may, either generally or particularly, after consultation with the Commissioner, transfer to the Commissioner all or any of the functions or powers of the Secretary under this Act or under any regulations made under this Act; and

    • “(b) the Director Agency may in like manner transfer to the Commissioner all or any of the functions or powers of the Director Agency under this Act or under any regulations made under this Act.”

Section 199B(7): repeal.

Clause 3 of Schedule 2A: repeal and substitute:

“3

  • “Offence against—

    • “(a) section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (using or permitting to be used on a road an unlicensed motor vehicle or a motor vehicle that does not have registration plates affixed in the prescribed manner); or

    • “(b) section 243 of the Land Transport Act 1998 (a motor vehicle may not be operated on a road unless it is registered and displays its registration plates as prescribed); or

    • “(b) section 243 of the Land Transport Act 1998 (operating on a road a motor vehicle that is not registered and does not display its registration plates as prescribed); or

    • “(c) any regulations made under Part 17 of the Land Transport Act 1998 that specify an offence that relates to—

      • “(i) using or permitting to be used on a road a motor vehicle that has unauthorised, deceptive, or obscured registration plates or an unauthorised licence; or

      • “(ii) failing to display the appropriate licence or registration plate.”

Transport Services Licensing Act 1989 (1989 No 74)

Clause 8 of Part 2 of Schedule 1: omit “section 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 2(1) of the Land Transport Act 1998”.

Part 2
Regulations consequentially amended

Biosecurity (Costs) Regulations 2006 (SR 2006/216)

Definition of moped in regulation 3(1): revoke and substitute:

“moped has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of motorcycle in regulation 3(1): revoke and substitute:

“motorcycle has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of motor vehicle in regulation 3(1): revoke and substitute:

“motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998”.

Consumer Information Standards (Used Motor Vehicles) Regulations 2003 (SR 2003/326)

Definition of used motor vehicle in regulation 3(1): insert “or Part 17 of the Land Transport Act 1998” after “1986”.

Consumer Information Standards (Used Motor Vehicles) Regulations 2008 (SR 2008/112)

Paragraph (a)(i) of the definition of used motor vehicle in regulation 3(1): insert after subsubparagraph (B):

  • “(BA) Part 17 of the Land Transport Act 1998; or”.

Under the heading “Make and model” in Schedule 2: omit “established under the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “maintained under Part 17 of the Land Transport Act 1998”.

Under the heading “Vehicle licence expiry date” in Schedule 2: omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Under the heading “Registered vehicle” in Schedule 2: omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342)

Item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 in Schedule 1: omit and substitute:

“”

Land Transport Act 1998Section 234
Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2007 2008 (SR 2007/208 2008/105)

Definition of goods-service vehicle in regulation 3: revoke and substitute:

“goods service vehicle,—

  • “(a) before the commencement of the definition of goods service vehicle in section 4(3) of the Land Transport Amendment Act 2005,—

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

    • “(ii) does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules; and

  • “(b) after the commencement of the definition of goods service vehicle in section 4(3) of the Land Transport Amendment Act 2005, has the same meaning as in section 2(1) of the Land Transport Act 1998”.

Definition of licensing period in regulation 3: revoke and substitute:

“licensing period means the period for which a licence is issued under section 245(2) of the Land Transport Act 1998”.

Definition of moped in regulation 3: revoke and substitute:

“moped has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of motor cycle in regulation 3: revoke and substitute:

“motorcycle has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of motorcar in regulation 3: revoke and insert the following definition in its appropriate alphabetical order:

“motorcar—

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

  • “(b) includes a motor vehicle that is designed principally for the carriage of passengers but that has rear doors and collapsible rear seats”.

Definition of non-registered vehicle in regulation 3: omit “motor cycle” and substitute “motorcycle”.

Definition of tractor in regulation 3: revoke and substitute:

“tractor has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of trade licence in regulation 3: revoke and substitute:

“trade plate as has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Definition of trailer in regulation 3: revoke and substitute:

“trailer has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Regulation 4(a): omit “licences” and substitute “plates”.

Regulation 4(b): omit “licences” and substitute “plates”.

Regulation 6(1)(b): revoke and substitute:

  • “(b) on application for a motor vehicle licence under section 245 of the Land Transport Act 1998 or a trade plate under section 263 of that Act.”

Schedule: omit “goods-service” in each place where it appears and substitute in each case “goods service”.

Schedule: omit “motor cycles” in each place where it appears and substitute in each case “motorcycles”.

Schedule: omit “trade licences” in each place where it appears and substitute in each case “trade plates”.

Land Transport (Certification and Other Fees) Regulations 1999 (SR 1999/27)

Regulation 6(1): omit “The owner” and substitute “The person registered under Part 17 of the Land Transport Act 1998 in respect”.

Land Transport (Infringement and Reminder Notices) Regulations 1998 (SR 1998/447)

Clause 7(1)(b) of the notice in Schedule 5: add “or section 234 of the Land Transport Act 1998”.

Paragraph 3 of the notice in Schedule 2: omit “owner of the vehicle” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle (the registered person)”.

Paragraph 4 of the notice in Schedule 2: omit “owner” and substitute “registered person”.

Notice in Schedule 4: omit “To: The user or registered owner or person entitled to possession of the vehicle described below:” and substitute “To: The user or person entitled to possession of, or the person registered under Part 17 of the Land Transport Act 1998 in respect of, the vehicle described below:”.

Paragraph 3 of the notice in Schedule 4: omit “owner of the vehicle” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle (the registered person)”.

Paragraph 4 of the notice in Schedule 4: omit “owner” and substitute “registered person”.

Paragraph 7(1)(b) of the notice in Schedule 5: revoke and substitute:

  • “(b) the person who, at the time of the alleged offence, was registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence (or, if the offence is alleged to have been committed before the commencement of section 243 of that Act, a person who, at the time of the alleged offence, was registered as the owner, or 1 of the owners, of that vehicle in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986); or”.

Paragraph 7(2) of the notice in Schedule 5: omit the words from “but as a person” to the end of paragraph (b) and substitute “but as a person referred to in item (b) or (c) of paragraph 7(1),”.

Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 (SR 2004/238)

Definition of exempted vehicle in regulation 3(1): revoke and substitute:

“exempted vehicle—

  • “(a) means a motor vehicle that is—

    • “(i) exempted from registration under regulations made under Part 17 of the Land Transport Act 1998; or

    • “(ii) of the kind described in the Schedule; but

  • “(b) does not include any vehicle that—

    • “(i) is licensed; or

    • “(ii) has trade plates affixed to it in the manner prescribed in regulations made under Part 17 of the Land Transport Act 1998”.

Land Transport Management (Road Tolling Scheme for ALPURT B2) Order 2005 (SR 2005/92)

Clause 12(b): omit “registered owner” in each place where it appears and substitute, in the first place where it appears, “person registered under Part 17 of the Land Transport Act 1998 in respect” and, in each subsequent place, “that person”.

Land Transport (Offences and Penalties) Regulations 1999 (SR 1999/99)

Regulation 8: omit “registered owner of the vehicle” and substitute “registered person”.

Regulation 8A: omit “registered owner of the vehicle” and substitute “registered person”.

Part 1 of the notice in Schedule 4: omit “Owner's name” and substitute “Registered person's name”.

Paragraph 12 of Part 2 of the notice in Schedule 4: omit “the registered owner” in each place where it appears and substitute “the owner”.

Paragraph 12(b) of Part 2 of the notice in Schedule 4: omit “a registered owner” and substitute “an owner”.

Under the heading Release of vehicle in the form in Schedule 5: omit “the registered owner” in each place where it appears and substitute “the owner”.

Under the heading Release of vehicle in the form in Schedule 5: omit “a registered owner” and substitute “an owner”.

Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999 (SR 1999/84)

Regulation 12(2): omit “registered”.

Land Transport (Storage and Towage Fees for Impounded Vehicles) Regulations 1999 (SR 1999/85)

Regulation 5(1): omit “registered” in each place where it appears.

Motor Vehicle Sales Regulations 2003 (SR 2003/327)

Regulation 4(c)(i): omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Personal Property Securities Regulations 2001 (SR 2001/79)

Definition of registration number in regulation 3: add “or Part 17 of the Land Transport Act 1998”.

Sentencing Regulations 2002 (SR 2002/178)

Paragraph (b)(ii) of the definition of chief executive in regulation 3: omit revoke and substitute:

  • “(ii) any person appointed to be the Registrar of Motor Vehicles under Part 17 of the Land Transport Act 1998.”

Transport (Change of Ownership) Regulations 1995 (SR 1995/198)

Definition of the Act in regulation 2: revoke and substitute:

“Act means Part 17 of the Land Transport Act 1998”.

Definition of register in regulation 2: revoke “section 18” and substitute “section 234”.

Transport (Fees for Details of Register) Regulations 1989 (SR 1989/138)

Regulation 2(1): revoke and substitute:

  • “(1) The fee for supplying information under section 238 of the Land Transport Act 1998 on the particulars of all persons who are or have been registered owners of a specified motor vehicle is $11.25.”

Regulation 2(2): omit “section 19(2)” and substitute “section 238”.

Regulation 2(3): omit “section 19(2)” and substitute “section 238”.

Regulation 2(4): omit “section 19(2)” and substitute “section 238”.

Regulation 2(5): omit “section 19(2)” and substitute “section 238”.

Transport Services Licensing Regulations 1989 (SR 1989/313)

Regulation 7(2): omit “Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Transport (Vehicle Registration and Licensing) Notice 1995 (SR 1995/136)

Regulation 3(2): omit “section 9E(2)(a) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “regulations made under Part 17 of the Land Transport Act 1998”.

Regulation 7A: omit “licence under section 34 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “plate issued under Part 17 of the Land Transport Act 1998”.

Transport (Vehicle Registration and Licensing) Regulations 1994 (SR 1994/224)

Definition of Act in regulation 2(1): revoke and substitute:

“Act means the Land Transport Act 1998”.

Regulation 3(a): omit “section 5” and substitute “section 243”.

Regulation 3A: omit “section 5” and substitute “section 243”.

Regulation 3B: omit “section 5(1A)(a)” and substitute “section 243(2)(a)”.

Regulation 3C(1): insert “(either personally or through a person acting on behalf of the owner)” after “keep the vehicle”.

Regulation 3C(1): omit “section 5(1A)(a)” and substitute “section 243(2)(a)”.

Regulation 3C(3): omit “section 5(1A)(a)” and substitute “section 243(2)(a)”.

Regulation 3E(1): omit “section 5(1A)(a)” and substitute “section 243(2)(a)”.

Regulation 3E(1): omit “section 5(1A)(b)” and substitute “section 243(2)(b)”.

Transport (Vehicular Traffic Road Closure) Regulations 1965 (SR 1965/63)

Item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 in Schedule 2: omit and substitute:

“”

Land Transport Act 1998243motor vehicles to be registered and licensed

Part 3
Rules Land Transport rules consequentially amended

Land Transport (Driver Licensing) Rule 1999 (SR 1999/100)

Definition of moped in rule 2(1): revoke and substitute:

“moped has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Land Transport (Road User) Rule 2004 (SR 2004/427)

Definition of moped in rule 1.6: revoke and substitute:

“moped has the same meaning as in section 233(1) of the Land Transport Act 1998”.

Land Transport Rule: Operator Licensing 2007 (81001)

Certificate of responsibility in Schedule 1: omit “registered owner” in each place where it appears and substitute in each case “registered person”.

Certificate of responsibility in Schedule 1: omit “registered owner/s” and substitute “person registered under Part 17 of the Land Transport Act 1998 in respect”.

Land Transport Rule: Vehicle Exhaust Emissions 2006 (33001/1) 2007 (33001/2)

Definition of enter service in Part 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Paragraph (a)(ii) of the definition of used vehicle in Part 2: add insert “or Part 17 of the Land Transport Act 1998” after “1986”.

Land Transport Rule: Vehicle Repair 1998 (34001)

The item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 in Schedule 1 in Part 3: omit.

Land Transport Rule: Vehicle Standards Compliance 2002 (35001/1)

Rule Clause 6.2(5): omit “section 16 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Clause 7.1(1)(a): omit “that does not have a motor or motors with a total power output of more than 2 kW, and is not operated at a speed exceeding 50 km/h”.

Rule Clause 7.2(b)(iii): omit “section 16 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Rule Clause 9.10(1)(c): omit “section 16 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of deregistered in Part 2: omit “section 27 or section 28 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of enter service in Part 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of registered in Part 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of registration number in Part 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Definition of trade plate in Part 2: omit “the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “section 233(1) of the Land Transport Act 1998”.

Paragraph (a)(ii) of the definition of used light vehicle in Part 2: add insert “or Part 17 of the Land Transport Act 1998” after “1986”.

The item relating to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 in Schedule 1 in Part 3: omit.

Paragraph (b) of Schedule 3 in Part 3: omit “section 35 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986” and substitute “Part 17 of the Land Transport Act 1998”.

Land Transport Rule: Work Time and Logbooks 2007 (62001)

Clause 4.4(1): omit “, the registered owner of which” and substitute “in respect of which the person registered under Part 17 of the Land Transport Act 1998”.

Legislative history

3 October 2007Introduction (Bill 164–1)
16 October 2007First reading and referral to Transport and Industrial Relations Committee