Regulatory Systems (Transport) Amendment Bill

Regulatory Systems (Transport) Amendment Bill

Government Bill

196—1

Explanatory note

General policy statement

The Regulatory Systems (Transport) Amendment Bill (the RSTA Bill) is an omnibus Bill that contains amendments to legislation administered by the Ministry of Transport.

The objective of the RSTA Bill is to maintain the effectiveness and efficiency of the regulatory system established by transport legislation, and to reduce the chance of regulatory failure.

The RSTA Bill will achieve this objective by—

  • addressing transport regulatory duplication, and gaps, errors, and inconsistencies within transport legislation:

  • ensuring that regulators have the effective tools needed to keep the transport regulatory system up to date and relevant:

  • removing unnecessary compliance costs from the transport system.

The RSTA Bill is intended to be a vehicle for smaller regulatory fixes to be made in a timely and cost-effective fashion in order to deliver benefits to the transport system. The amendments do not justify standalone bills, but are more significant than amendments that are generally included in a Statutes Amendment Bill.

The RSTA Bill is part of a series of activities to support the whole of system view of regulation, described in the Transport Regulatory Stewardship Plan for 2019–22. This is a departure from the previous ad-hoc approach to transport-related legislative maintenance that caused inefficiencies and ineffectiveness within the transport system.

There are 3 aspects to the RSTA Bill, as follows:

  • enabling transport instruments:

  • clarifying exemption and revocation powers:

  • other minor regulatory stewardship matters.

Transport instruments

The RSTA Bill empowers the use of transport instruments within land and maritime legislation. This would enable the Minister of Transport to allocate the maintenance of detailed requirements within legislation to a specified individual, such as the relevant transport regulator.

The introduction of transport instruments to the current system will enable a quick response to change, ensure that decision-making sits at the right level in terms of authority and expertise, support efficiency and accountability, and ensure that the regulatory system is up to date.

Clarifying powers of exemption and revocation

The RSTA Bill proposes amendments to land transport and maritime legislation to clarify exemption powers in secondary legislation. The current exemption and revocation powers in the Land Transport Act 1998 (the LTA), Maritime Transport Act 1994 (the MTA), and Maritime Security Act 2004 (the MSA), lack some necessary features, are unclear, and are not modern best practice.

The amendments would modernise these provisions to ensure that they explicitly allow for class and individual exemptions, expiry, and revocation. The new provisions are modelled on sections 220 and 221 of the Health and Safety at Work Act 2015 (the HSWA). The HSWA provisions are referenced in the Legislation Design and Advisory Committee Guidelines and are modern best practice.

Minor regulatory stewardship matters

The RSTA Bill includes other matters that support regulatory stewardship. They include—

  • adjusting the permitted size of transport Crown agent boards:

  • increasing maximum fines in maritime legislation to align the figures with those in land and civil aviation legislation:

  • increasing the time period for impounding vehicles after serious crashes as the current period puts unreasonably tight time constraints on inspectors:

  • restoring the status of the Chatham Islands Council as a regional council under the MTA.

The RSTA Bill primarily amends the LTA, the Land Transport Management Act 2003, the Railways Act 2005, the MTA, and the MSA.

The RSTA Bill also amends the Road User Charges Act 2012, the Government Roading Powers Act 1989, the Port Companies Act 1988, the Ship Registration Act 1992, the Shipping Act 1987, and the Submarine Cables and Pipelines Protection Act 1996.

Departmental disclosure statement

The Ministry of Transport is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

The Ministry of Transport produced a regulatory impact assessment on 6 August 2019 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force on 1 July 2020.

Part 1Amendments to Land Transport Act 1988

Clause 3 provides that Part 1 amends the Land Transport Act 1998 (the LTA).

Clause 4 amends section 2 of the LTA, the interpretation section, by inserting a definition of transport instrument for the purposes of new sections 168F to 168I (see clause 8).

Clause 5 amends section 30ZA of the LTA to replace the reference to section 166(2) with a reference to new section 168D(2). This is a consequential amendment relating to the repeal of section 166 by clause 7 and a replacement provision being inserted by clause 8.

Clause 6 amends section 123 of the LTA, which authorises an enforcement officer to seize and impound a vehicle for up to 7 days if necessary to preserve or examine evidence or to establish the cause of a serious traffic accident. The amendment extends the period of time for which a vehicle may be held initially and by extension (on order of a District Court Judge) to 10 working days in each case.

Clause 7 repeals sections 166 and 166A of the LTA, which relate to the granting of exemptions from ordinary rules made under the Act. These sections have been replaced and relocated (see new sections 168D and 168E in clause 8).

Clause 8 inserts new sections 168D to 168I. New sections 168D and 168E authorise the Director of Land Transport (the Director) to grant exemptions from requirements of rules or regulations made under Part 11 of the LTA. Exemptions may be granted singularly or to a class of person, vehicle, vehicle component, rail vehicle, or land transport-related service. The Director must not grant an exemption unless satisfied of the matters set out in new section 168D(2). The remainder of the section sets out further matters relating to any exemption granted, including its duration, date of effect, and the ability to impose terms and conditions on it. New section 168E sets out the public notice and other procedural requirements for exemptions granted under new section 168D. (The Director of Land Transport is a role to be established under the Land Transport Management Act 2003 by the Land Transport (NZTA) Legislation Amendment Bill).

New sections 168F to 168I authorise the New Zealand Transport Agency (the Agency) or the Director to make transport instruments for the purposes of secondary legislation (regulations, rules, and other legislative instruments) made under a land transport Act (defined in an amendment to the LTA to be made by the Land Transport (NZTA) Legislation Amendment Bill as the Government Roading Powers Act 1989, the LTA, the Land Transport Management Act 2003, the Railways Act 2005, and the Road User Charges Act 2012). A transport instrument may do any of the things set out in new section 168F(2) and has effect as if it is part of the secondary legislation in which it is referred to (new section 168G authorises secondary legislation to prescribe a transport instrument). New section 168H sets out the procedure for making transport instruments, which includes consultation and publication requirements. New section 168I authorises transport instruments to incorporate material by reference.

Clause 9 repeals section 222(2) of the LTA. This amendment is consequential to the repeal of section 166 by clause 7.

Clause 10 amends Schedule 1 of the LTA to insert transitional provisions relating to this Bill as new Part 2 of that schedule.

Part 2Amendments to Land Transport Management Act 2003

Clause 11 provides that Part 2 amends the Land Transport Management Act 2003 (the LTMA).

Clause 12 inserts new section 7C into the LTMA. This section sets out the effect of the LTMA being defined as a land transport Act, including in relation to land transport instruments. The section is intended as a guide only. (Enforceable undertakings and land transport records are matters to be included in the LTA by the Land Transport (NZTA) Legislation Amendment Bill.)

Clause 13 amends section 98 of the LTMA, which sets out the requirements relating to the Agency’s board. The number of members now required is no fewer than 7 and no more than 9 (currently no fewer than 6 but no more than 8).

Part 3Amendments to Maritime Security Act 2004

Clause 14 provides that Part 3 amends the Maritime Security Act 2004 (the MSA).

Clause 15 inserts new sections 6A and 6B into the MSA. New section 6A sets out the effect of the MSA being defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994 (see the amendments in clause 22). Section 6A is intended as a guide only. New section 6B provides transitional, savings, and related provisions to be included in new Schedule 1AA (as inserted by clause 20).

Clause 16 amends section 76 of the MSA, which authorises the making of regulations for the purposes of the Act. The amendments raise the penalty amounts that may be prescribed by regulations from $5,000 to $10,000 in the case of an individual, and from $30,000 to $50,000 in the case of a body corporate.

Clause 17 replaces section 77 of the MSA, which authorises the chief executive to grant exemptions from the requirements of regulations made under section 76 of the MSA. New section 77 provides for exemptions to be granted singularly or to a class of person, ship, or port facility and for the procedural and other requirements set out in new sections 47 and 47A of the MTA (see clause 24) to apply to exemptions granted under this section.

Clause 20 inserts new Schedule 1AA into the MSA for the purposes of new section 6B and sets out transitional provisions in relation to exemptions granted under section 77 before that section was replaced by clause 17. Clauses 18 and 19 make consequential amendments relating to this amendment.

Part 4Amendments to Maritime Transport Act 1994

Clause 21 provides that Part 4 amends the Maritime Transport Act 1994 (the MTA).

Clause 22 amends section 2 of the MTA, the definition section, by inserting definitions of marine transport Act and transport instrument.

Clause 23 amends section 33B of the MTA to include the Chatham Islands Council in the definition of regional council for the purposes of Part 3A of the MTA (which relates to local regulation of marine activity).

Clause 24 replaces section 47 of the MTA, which authorises the Director of Maritime New Zealand (the Director) to grant exemptions from the requirements of maritime rules. New section 47 provides for exemptions to be granted singularly or to a class of person, ship, or maritime product. The Director must not grant an exemption unless satisfied of the matters set out in new section 47(2). The remainder of the section sets out further matters relating to any exemption granted, including its duration, date of effect, and the ability to impose terms and conditions on it. New section 47A sets out the public notice and other procedural requirements for exemptions granted under new section 47.

Clause 25 amends section 201 of the MTA, which authorises the making of regulations to prescribe those breaches of maritime rules and navigation bylaws that constitute offences or infringement offences against the Act. The amendments raise the penalty amounts in each case from $5,000 to $10,000 for an individual, and from $30,000 to $50,000 for a body corporate.

Clause 26 amends section 394 of the MTA, which authorises the making of regulations to prescribe those breaches of marine protection rules that constitute offences or infringement offences against the Act. The amendments raise the penalty amounts in each case from $5,000 to $10,000 for an individual, and from $30,000 to $50,000 for a body corporate.

Clause 27 replaces section 395 of the MTA, which authorises the Director to grant exemptions from the requirements of marine protection rules. New section 395 provides for exemptions to be granted singularly or to a class of person, ship, marine protection product, offshore installation, pipeline, reception facility, or any real or personal property. The Director must not grant an exemption unless satisfied of the matters set out in new section 395(2). New section 395(3) applies the machinery provisions in new sections 47 and 47A to any exemption granted under this section.

Clause 28 amends section 429A of the MTA, which sets out the requirements relating to the Maritime Transport Authority’s board (the Authority). The number of members now required is no fewer than 5 and no more than 7 (currently 5 members).

Clause 29 amends section 443 to include the prohibition on delegation of the Director’s power to make, amend, or revoke transport instruments to employees of the Authority (see new section 452A(6) inserted by clause 32).

Clause 30 amends section 444 to include the prohibition on delegation of the Director’s power to make, amend, or revoke transport instruments to persons outside the Authority (see new section 452A(6) inserted by clause 32).

Clause 31 corrects a reference error to the Authority in section 451(4)(b) of the MTA.

Clause 32 inserts new sections 452A to 452D into the MTA, which authorise the Authority or the Director to make transport instruments for the purposes of secondary legislation (regulations, rules, and other legislative instruments) made under a marine transport Act (see the definition of that term inserted by clause 22). A transport instrument may do any of the things set out in new section 452A(2) and has effect as if it were part of the secondary legislation in which it is referred to (new section 452B authorises secondary legislation to prescribe a transport instrument). New section 452C sets out the procedure for making transport instruments, which includes consultation and publication requirements. New section 452D authorises transport instruments to incorporate material by reference.

Clause 33 inserts new Part 2 into Schedule 1AA of the MTA to set out transitional provisions in relation to exemptions granted under sections 47 and 395 before those sections were replaced by clauses 24 and 27.

Part 5Amendments to Railways Act 2005

Clause 34 provides that Part 5 amends the Railways Act 2005 (the RA).

Clause 35 inserts a definition of Director into section 4 of the RA (being the Director of Land Transport referred to in the summary of clause 8).

Clause 36 inserts new sections 6A and 6B into the RA. New section 6A sets out the effect of the RA being defined as a land transport Act, including in relation to land transport instruments. The section is intended as a guide only. (Enforceable undertakings and land transport records are matters to be included in the LTA by the Land Transport (NZTA) Legislation Amendment Bill.) New section 6B provides transitional, savings, and related provisions to be included in new Schedule 1AA (as inserted by clause 39).

Clause 37 amends section 57 of the RA, which sets out general provisions concerning the making of ordinary and emergency rules under the Act (by way of cross-referring to the relevant provisions in the LTA). The amendments ensure that consistency is retained between this Act and the LTA in respect of the granting of exemptions under the new LTA regime (see new sections 168D and 168E inserted by clause 8).

Clause 38 inserts new subsections (2) to (4) in section 59 of the RA, which relates to regulations. These provisions authorise the Director to grant exemptions from the requirements of regulations in the same manner as the Director is authorised to do in relation to ordinary and emergency rules as set out in the amendments to section 57 in clause 37.

Clause 39 inserts new Schedule 1AA into the RA and sets out transitional provisions in relation to exemptions granted under section 57 before that section was amended by clause 37.

Part 6Amendments to other legislation

Clause 40 amends section 72A(2) of the Civil Aviation Act 1990, which relates to the membership of the Civil Aviation Authority. The number of members now required is no fewer than 5 and no more than 7 (currently 5 members).

Clause 41 inserts new section 3A into the Government Roading Powers Act 1989. New section 3A sets out the effect of the Act being defined as a land transport Act, including in relation to land transport instruments. The section is intended as a guide only. (Enforceable undertakings and land transport records are matters to be included in the LTA by the Land Transport (NZTA) Legislation Amendment Bill.)

Clause 42 inserts new section 3A into the Port Companies Act 1988. New section 3A sets out the effect of the Act being defined as a marine transport Act. The section is intended as a guide only.

Clause 43 inserts new section 6A into the Road User Charges Act 2012. New section 6A sets out the effect of the Act being defined as a land transport Act, including in relation to land transport instruments. The section is intended as a guide only. (Enforceable undertakings and land transport records are matters to be included in the LTA by the Land Transport (NZTA) Legislation Amendment Bill.)

Clause 44 inserts new section 5A into the Ship Registration Act 1992. New section 5A sets out the effect of the Act being defined as a marine transport Act. The section is intended as a guide only.

Clause 45 inserts new section 2A into the Shipping Act 1987. New section 2A sets out the effect of the Act being defined as a marine transport Act. The section is intended as a guide only.

Clause 46 inserts new section 5A into the Submarine Cables and Pipelines Protection Act 1996. New section 5A sets out the effect of the Act being defined as a marine transport Act. The section is intended as a guide only.

Hon Phil Twyford

Regulatory Systems (Transport) Amendment Bill

Government Bill

196—1

Contents

Explanatory note
1Title
2Commencement
3Amendments to Land Transport Act 1998
4Section 2 amended (Interpretation)
5Section 30ZA amended (Agency may grant exemptions or approve alternative fatigue management schemes)
6Section 123 amended (Enforcement officer may seize and impound vehicle for up to 7 days in relation to certain offences)
7Sections 166 and 166A repealed
8New sections 168D to 168I and cross-headings inserted
168DDirector may grant exemptions
168EStatus and publication of exemptions
168FAgency or Director may make transport instruments
168GSecondary legislation may provide for matters to be prescribed in transport instrument
168HProcedures relating to transport instruments
168IIncorporation of material in transport instruments
9Section 222 amended (Saving of certain land transport documents)
10Schedule 1 amended
11Amendment to Land Transport Management Act 2003
12New section 7C inserted (Act is land transport Act)
7CAct is land transport Act
13Section 98 amended (Agency’s board)
14Amendments to Maritime Security Act 2004
15New sections 6A and 6B inserted
6AAct is marine transport Act
6BTransitional, savings, and related provisions
16Section 76 amended (Regulations)
17Section 77 replaced (Exemptions from regulations)
77Exemptions from regulations
18Section 81 amended (Consequential amendments)
19Schedule amended
20New Schedule 1AA inserted
21Amendments to Maritime Transport Act 1994
22Section 2 amended (Interpretation)
23Section 33B amended (Interpretation)
24Section 47 replaced (Exemption)
47Director may grant exemptions
47AStatus and publication of exemptions
25Section 201 amended (Regulations)
26Section 394 amended (Regulations)
27Section 395 replaced (Exemptions)
395Exemptions
28Section 429A amended (Membership of Authority)
29Section 443 amended (Delegation of Director’s functions or powers to employees of Authority)
30Section 444 amended (Delegation of Director’s functions or powers to persons outside Authority)
31Section 451 amended (Further general provisions in respect of rules)
32New sections 452A to 452D and cross-heading inserted
452AAuthority or Director may make transport instruments
452BSecondary legislation may provide for matters to be prescribed in transport instrument
452CProcedures relating to transport instruments
452DIncorporation of material in transport instruments
33Schedule 1AA amended
34Amendments to Railways Act 2005
35Section 4 amended (Interpretation)
36New sections 6A and 6B inserted
6AAct is land transport Act
6BTransitional, savings, and related provisions
37Section 57 amended (General provisions concerning making of rules)
38Section 59 amended (Regulations)
39New Schedule 1AA inserted
40Amendment to Civil Aviation Act 1990
41Amendment to Government Roading Powers Act 1989
42Amendment to Port Companies Act 1988
43Amendment to Road User Charges Act 2012
44Amendment to Ship Registration Act 1992
45Amendment to Shipping Act 1987
46Amendment to Submarine Cables and Pipelines Protection Act 1996

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Regulatory Systems (Transport) Amendment Act 2020.

2 Commencement

This Act comes into force on 1 July 2020.

Part 1 Amendments to Land Transport Act 1998

3 Amendments to Land Transport Act 1998

This Part amends the Land Transport Act 1998.

4 Section 2 amended (Interpretation)

In section 2(1), insert in its appropriate alphabetical order:

transport instrument means an instrument made under section 168F

5 Section 30ZA amended (Agency may grant exemptions or approve alternative fatigue management schemes)

In section 30ZA(1), replace “section 166(2)” with 168D(2).

6 Section 123 amended (Enforcement officer may seize and impound vehicle for up to 7 days in relation to certain offences)

(1)

In heading to section 123, replace 7 days with 10 working days.

(2)

In section 123(1) and (3), replace “7 days” with “10 working days”.

7 Sections 166 and 166A repealed

Repeal sections 166 and 166A.

8 New sections 168D to 168I and cross-headings inserted

After section 168C, insert:

Director may grant exemptions from rules and regulations

168D Director may grant exemptions

(1)

The Director may, if the Director thinks it appropriate,—

(a)

exempt a person, vehicle, vehicle component, rail vehicle, or land transport-related service from a specified requirement in a regulation or rule made under this Part; or

(b)

exempt any class of person, vehicle, vehicle component, rail vehicle, or land transport-related service from a specified requirement in a regulation or rule made under this Part.

(2)

The Director must not grant an exemption under subsection (1) unless satisfied that—

(a)

one of the following grounds applies:

(i)

the requirement will be substantially complied with and further compliance is unnecessary:

(ii)

the manner in which the requirement will be fulfilled is as effective as or more effective than actual compliance with the requirement:

(iii)

the requirement is clearly unreasonable or inappropriate:

(iv)

events have occurred that make the requirement unnecessary or inappropriate; and

(b)

any risk of harm to the public or the environment will not be significantly increased by granting the exemption.

(3)

The Director may—

(a)

grant an exemption on any terms and conditions that the Director thinks fit:

(b)

amend or revoke an exemption:

(c)

grant an exemption permanently or for a limited period:

(d)

replace an exemption either before or when it expires.

(4)

An exemption takes effect from the date specified in the exemption (which, for a class exemption of general application, must not be a date earlier than the date on which the exemption is notified in the Gazette in accordance with section 168E(3)(a)).

(5)

An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.

(6)

If the term of an exemption is not specified in the exemption, it has permanent effect.

(7)

The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise).

(8)

This section does not apply if a regulation or rule specifically provides that no exemptions from its requirements may be granted.

(9)

This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.

168E Status and publication of exemptions

(1)

A class exemption that is of general application is a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(2)

Any other exemption is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(3)

As soon as practicable after a class exemption that is of general application is granted, it must—

(a)

be notified in the Gazette (and include the text of the exemption); and

(b)

be published on the Agency’s Internet site along with the Director’s grounds (under section 168D(2)) for granting the exemption.

(4)

Any other exemption must be notified in the Gazette no later than 3 months after its date of issue. Such a notice—

(a)

must include the nature of the exemption and the Director’s grounds under section 168D(2) for granting it; but

(b)

need not include the text of the exemption.

Transport instruments

168F Agency or Director may make transport instruments

(1)

For the purposes of a land transport Act, the Agency or the Director may—

(a)

make a transport instrument to do any thing referred to in subsection (2); and

(b)

amend or revoke a transport instrument made under paragraph (a).

(2)

A transport instrument may define terms, prescribe matters, or make other provision in relation to any activity or thing, including (without limitation) by listing standards, controlling activities, setting requirements, procedures, or means of compliance, setting competency requirements, or providing for exceptions.

(3)

A transport instrument has effect only to the extent that—

(a)

secondary legislation made under the land transport Act refers to it; and

(b)

the secondary legislation specifies who may make the instrument (the Agency or the Director, or both); and

(c)

the instrument has been made by that person (having satisfied the procedural requirements of section 168H(1)); and

(d)

any requirements in relation to the instrument or its creation that are specified in the secondary legislation have been satisfied.

(4)

A transport instrument made under this section is treated as part of the secondary legislation in which it is referred to.

(5)

For the purposes of subsection (3)(a), secondary legislation may—

(a)

refer to a particular transport instrument as amended or replaced from time to time:

(b)

refer to any transport instrument that may be made for the purposes of that secondary legislation (even if the instrument has not been made at the time the secondary legislation is made).

(6)

The Agency must not delegate the power to make, amend, or revoke a transport instrument to any person other than the Secretary.

(7)

The Director must not delegate the power to make, amend, or revoke a transport instrument to any person.

(8)

In this section, secondary legislation has the meaning given by section 5(1) of the Legislation Act 2019.

168G Secondary legislation may provide for matters to be prescribed in transport instrument

(1)

Secondary legislation made under a land transport Act may provide for any kind of activity or thing referred to in section 168F(2) to be prescribed in a transport instrument.

(2)

Subsection (1) does not limit any other power in a land transport Act to make secondary legislation.

168H Procedures relating to transport instruments

(1)

The Agency or the Director must not make a transport instrument unless satisfied that all persons and organisations that the Agency or the Director think appropriate have been consulted, having regard to the subject matter of the proposed instrument.

(2)

The Agency or the Director (as the case may be) may approve an amendment to a transport instrument without complying with subsection (1) if satisfied that the amendment is to correct an error, for example, a grammatical or spelling error, or an error in numbering or cross-referencing.

(3)

A transport instrument is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(4)

The Agency or the Director (as the case may be) must, as soon as practicable after a transport instrument is made,—

(a)

notify the transport instrument in the Gazette (but need not incorporate the text of the instrument); and

(b)

ensure that a copy of the transport instrument is—

(i)

published on the Agency’s Internet site; and

(ii)

available for purchase in hard copy at a reasonable charge.

(5)

A failure to comply with subsection (4) does not affect the validity of the secondary legislation that it is treated as being part of.

168I Incorporation of material in transport instruments

Section 165 (which provides for the incorporation of material by reference) applies to transport instruments as if transport instruments were rules.

9 Section 222 amended (Saving of certain land transport documents)

Repeal section 222(2).

10 Schedule 1 amended

In Schedule 1, after clause 10, insert the Part 2 set out in Schedule 1 of this Act.

Part 2 Amendments to Land Transport Management Act 2003

11 Amendment to Land Transport Management Act 2003

This Part amends the Land Transport Management Act 2003.

12 New section 7C inserted (Act is land transport Act)

After section 7B, insert:

7C Act is land transport Act

(1)

This Act is defined as a land transport Act under section 2(1) of the Land Transport Act 1998.

(2)

This has the effect that—

(a)

transport instruments may be made for the purposes of this Act in accordance with section 168F of that Act; and

(b)

enforceable undertakings may be given for the purposes of this Act in accordance with section 112A of that Act; and

(c)

a land transport record may be required to be created for the purposes of this Act in accordance with section 200B of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a land transport Act under that Act.

13 Section 98 amended (Agency’s board)

In section 98(1), replace “6, but no more than 8” with “7, but no more than 9”.

Part 3 Amendments to Maritime Security Act 2004

14 Amendments to Maritime Security Act 2004

This Part amends the Maritime Security Act 2004.

15 New sections 6A and 6B inserted

After section 6, insert:

6A Act is marine transport Act

(1)

This Act is defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994.

(2)

This has the effect that transport instruments may be made for the purposes of this Act in accordance with section 452A of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a marine transport Act under that Act.

6B Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

16 Section 76 amended (Regulations)

(1)

In section 76(2)(a), replace “$5,000” with “$10,000”.

(2)

In section 76(2)(b), replace “$30,000” with “$50,000”.

17 Section 77 replaced (Exemptions from regulations)

Replace section 77 with:

77 Exemptions from regulations

(1)

The chief executive may—

(a)

exempt a person, ship, or port facility from a specified requirement in a regulation made under this Act; or

(b)

exempt any class of person, ship, or port facility from a specified requirement in a regulation made under this Act.

(2)

Sections 47 and 47A of the Maritime Transport Act 1994 apply with any necessary modifications to exemptions granted under this section.

18 Section 81 amended (Consequential amendments)

In section 81(9) and (10), replace “the Schedule” with “Schedule 1”.

19 Schedule amended

In the Schedule heading, after Schedule, insert 1.

20 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 2 as the first schedule to appear after the last section of the Maritime Security Act 2004.

Part 4 Amendments to Maritime Transport Act 1994

21 Amendments to Maritime Transport Act 1994

This Part amends the Maritime Transport Act 1994.

22 Section 2 amended (Interpretation)

In section 2(1), insert in their appropriate alphabetical order:

marine transport Act means—

(a)

the Maritime Security Act 2004; and

(b)

the Maritime Transport Act 1994 (this Act); and

(c)

the Port Companies Act 1988; and

(d)

the Shipping Act 1987; and

(e)

the Ship Registration Act 1992; and

(f)

the Submarine Cables and Pipelines Protection Act 1996

transport instrument means an instrument made under section 452A

23 Section 33B amended (Interpretation)

In section 33B, replace the definition of regional council with:

regional council means—

(a)

a regional council within the meaning of section 5(1) of the Local Government Act 2002; and

(b)

a unitary authority within the meaning of section 5(1) of that Act; and

(c)

the Chatham Islands Council

24 Section 47 replaced (Exemption)

Replace section 47 with:

47 Director may grant exemptions

(1)

The Director may, if the Director thinks it appropriate,—

(a)

exempt a person, ship, or maritime product from a specified requirement in a maritime rule; or

(b)

exempt any class of person, ship, or maritime product from a specified requirement in a maritime rule.

(2)

The Director must not grant an exemption under subsection (1) unless satisfied that—

(a)

granting the exemption will not breach New Zealand’s obligations under any convention; and

(b)

one of the following applies:

(i)

the requirement has been substantially complied with and further compliance is unnecessary:

(ii)

the manner in which the requirement has been fulfilled is as effective or more effective than actual compliance with the requirement:

(iii)

the requirement is clearly unreasonable or inappropriate in this particular case:

(iv)

events have occurred that make the requirement unnecessary or inappropriate in this particular case; and

(c)

the risk of harm to the marine environment will not be significantly increased by granting the exemption; and

(d)

the risk to safety will not be significantly increased by granting the exemption.

(3)

The Director may—

(a)

grant an exemption on any terms and conditions that the Director thinks fit:

(b)

amend or revoke an exemption:

(c)

grant an exemption permanently or for a limited period:

(d)

replace an exemption either before or when it expires.

(4)

An exemption takes effect from the date specified in the exemption (which, for a class exemption of general application, must not be a date earlier than the date on which the exemption is notified in the Gazette in accordance with section 47A(3)(a)).

(5)

An exemption granted for a limited period expires (unless it is sooner replaced or revoked) on the date specified in the exemption.

(6)

If the term of an exemption is not specified in the exemption, it has permanent effect.

(7)

The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision in the rule to which the exemption relates (unless the terms of the exemption provide otherwise).

(8)

This section does not apply if a rule specifically provides that no exemptions from its requirements may be granted.

(9)

This section does not limit or affect any other power of exemption conferred on any person under this Act or any other marine transport Act.

47A Status and publication of exemptions

(1)

A class exemption that is of general application is a legislative instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(2)

Any other exemption is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(3)

As soon as practicable after a class exemption that is of general application is granted, it must—

(a)

be notified in the Gazette (and include the text of the exemption); and

(b)

be published on the Authority’s Internet site along with the Director’s grounds (under section 47(2)) for granting the exemption.

(4)

Any other exemption must be notified in the Gazette no later than 3 months after its date of issue. Such a notice—

(a)

must include the nature of the exemption and the Director’s grounds under section 47(2) for granting it; but

(b)

need not include the text of the exemption.

25 Section 201 amended (Regulations)

(1)

In section 201(c)(i), replace “$5,000” with “$10,000”.

(2)

In section 201(c)(ii), replace “$30,000” with “50,000”.

26 Section 394 amended (Regulations)

(1)

In section 394(1)(f)(i), replace “$5,000” with “$10,000”.

(2)

In section 394(1)(f)(ii), replace “$30,000” with “50,000”.

(3)

In section 394(1)(h)(i), replace “$5,000” with “$10,000”.

(4)

In section 394(1)(h)(ii), replace “$30,000” with “50,000”.

27 Section 395 replaced (Exemptions)

Replace section 395 with:

395 Exemptions

(1)

The Director may, if the Director thinks it appropriate,—

(a)

exempt a person, ship, marine protection product, offshore installation, pipeline, reception facility, or any real or personal property from a specified requirement in a marine protection rule; or

(b)

exempt any class of person, ship, marine protection product, offshore installation, pipeline, reception facility, or real or personal property from a specified requirement in a marine protection rule.

(2)

The Director must not grant an exemption under subsection (1) unless satisfied that—

(a)

granting the exemption will not breach New Zealand’s obligations under any convention; and

(b)

one of the following applies:

(i)

the requirement has been substantially complied with and further compliance is unnecessary:

(ii)

the manner in which the requirement has been fulfilled is as effective or more effective than actual compliance with the requirement:

(iii)

the requirement is clearly unreasonable or inappropriate in this particular case:

(iv)

events have occurred that make the requirement unnecessary or inappropriate in this particular case; and

(c)

the risk to safety will not be significantly increased by granting the exemption; and

(d)

the granting of the exemption will not significantly increase the risk of harm,—

(i)

for a marine protection rule on ballast water, to the environment, human health, property, or resources; or

(ii)

for any other marine protection rule, to the marine environment.

(3)

Sections 47 and 47A apply with any necessary modifications to exemptions granted under this section.

28 Section 429A amended (Membership of Authority)

In section 429A(1), replace “5 members” with “at least 5, but no more than 7, members”.

29 Section 443 amended (Delegation of Director’s functions or powers to employees of Authority)

After section 443(4)(b), insert:

(c)

the power under section 452A to make, amend, or revoke a transport instrument (as prohibited by subsection (6) of that section).

30 Section 444 amended (Delegation of Director’s functions or powers to persons outside Authority)

After section 444(2)(e), insert:

(f)

the power under section 452A to make, amend, or revoke a transport instrument (as prohibited by subsection (6) of that section).

31 Section 451 amended (Further general provisions in respect of rules)

In section 451(4)(b), replace “Agency” with “Authority”.

32 New sections 452A to 452D and cross-heading inserted

After section 452, insert:

Transport instruments

452A Authority or Director may make transport instruments

(1)

For the purposes of a marine transport Act, the Authority or the Director may—

(a)

make a transport instrument to do any thing referred to in subsection (2); and

(b)

amend or revoke a transport instrument made under paragraph (a).

(2)

A transport instrument may define terms, prescribe matters, or make other provision in relation to any activity or thing, including (without limitation) by listing standards, controlling activities, setting requirements, procedures, or means of compliance, setting competency requirements, or providing for exceptions.

(3)

A transport instrument has effect only to the extent that—

(a)

secondary legislation made under the marine transport Act refers to it; and

(b)

the secondary legislation specifies who may make the instrument (the Authority or the Director, or both); and

(c)

the instrument has been made by that person (having satisfied the procedural requirements of section 452C(1)); and

(d)

any requirements in relation to the instrument or its creation that are specified in secondary legislation have been satisfied.

(4)

A transport instrument made under this section is treated as part of the secondary legislation in which it is referred to.

(5)

For the purposes of subsection (3)(a), secondary legislation may—

(a)

refer to a particular transport instrument as amended or replaced from time to time:

(b)

refer to any transport instrument that may be made for the purposes of secondary legislation (even if the instrument has not been made at the time the secondary legislation is made).

(6)

The Authority or the Director must not delegate the power to make, amend, or revoke a transport instrument.

(7)

In this section, secondary legislation has the meaning given by section 5(1) of the Legislation Act 2019.

452B Secondary legislation may provide for matters to be prescribed in transport instrument

(1)

Secondary legislation made under a marine transport Act may provide for any kind of activity or thing referred to in section 452A(2) to be prescribed in a transport instrument.

(2)

Subsection (1) does not limit any other power in a marine transport Act to make secondary legislation.

452C Procedures relating to transport instruments

(1)

The Authority or the Director must not make a transport instrument unless satisfied that all persons and organisations that the Authority or the Director think appropriate have been consulted, having regard to the subject matter of the proposed instrument.

(2)

The Authority or the Director (as the case may be) may approve an amendment to a transport instrument without complying with subsection (1) if satisfied that the amendment is to correct an error, for example, a grammatical or spelling error, or an error in numbering or cross-referencing.

(3)

A transport instrument is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(4)

The Authority or the Director (as the case may be) must, as soon as practicable after a transport instrument is made,—

(a)

notify the transport instrument in the Gazette (but need not incorporate the text of the instrument); and

(b)

ensure that a copy of the transport instrument is—

(i)

published on the Authority’s Internet site; and

(ii)

available for purchase in hard copy at a reasonable charge.

(5)

A failure to comply with subsection (4) does not affect the validity of the secondary legislation that it is treated as being part of.

452D Incorporation of material in transport instruments

Section 452 (which provides for the incorporation of material by reference) applies to transport instruments as if transport instruments were rules.

33 Schedule 1AA amended

In Schedule 1AA, after clause 3, insert the Part 2 set out in Schedule 3 of this Act.

Part 5 Amendments to Railways Act 2005

34 Amendments to Railways Act 2005

This Part amends the Railways Act 2005.

35 Section 4 amended (Interpretation)

In section 4(1), insert in its appropriate alphabetical order:

Director has the meaning given in section 2(1) of the Land Transport Act 1998

36 New sections 6A and 6B inserted

After section 6, insert:

6A Act is land transport Act

(1)

This Act is defined as a land transport Act under section 2(1) of the Land Transport Act 1998.

(2)

This has the effect that—

(a)

transport instruments may be made for the purposes of this Act in accordance with section 168D of that Act; and

(b)

enforceable undertakings may be given for the purposes of this Act in accordance with section 112A of that Act; and

(c)

a land transport record may be required to be created for the purposes of this Act in accordance with section 200B of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a land transport Act under that Act.

6B Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

37 Section 57 amended (General provisions concerning making of rules)

(1)

In section 57, replace “to 166” with “and 165”.

(2)

In section 57, insert as subsections (2) and (3):

(2)

The Director may, if the Director thinks it appropriate,—

(a)

exempt a person, rail vehicle, rail vehicle component, railway premises, or railway infrastructure from a specified requirement in any ordinary rule or emergency rule made under this Act; or

(b)

exempt any class of person, rail vehicle, railway premises, or railway infrastructure from a specified requirement in an ordinary rule or emergency rule made under this Act.

(3)

Sections 168D and 168E of the Land Transport Act 1998 apply with any necessary modifications to exemptions granted under subsection (2).

38 Section 59 amended (Regulations)

In section 59, insert as subsections (2) to (4):

(2)

The Director may, if the Director thinks it appropriate,—

(a)

exempt a person, rail vehicle, railway premises, or railway infrastructure from a specified requirement in regulations made under this section; or

(b)

exempt any class of person, rail vehicle, railway premises, or railway infrastructure from a specified requirement in regulations made under this section.

(3)

Sections 168D and 168E of the Land Transport Act 1998 apply with any necessary modifications to exemptions granted under subsection (2).

(4)

Regulations made under this section may incorporate material by reference and, for that purpose, section 165 of the Land Transport Act 1998 applies as if regulations were rules.

39 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 4 of this Act as the first schedule to appear after the last section of the Railways Act 2005.

Part 6 Amendments to other legislation

40 Amendment to Civil Aviation Act 1990

(1)

This section amends the Civil Aviation Act 1990.

(2)

In section 72A(2), replace “shall consist of 5 members” with “must have at least 5, but no more than 7, members”.

41 Amendment to Government Roading Powers Act 1989

(1)

This section amends the Government Roading Powers Act 1989.

(2)

After section 3, insert:

3A Act is land transport Act

(1)

This Act is defined as a land transport Act under section 2(1) of the Land Transport Act 1998.

(2)

This has the effect that—

(a)

transport instruments may be made for the purposes of this Act in accordance with section 168F of that Act; and

(b)

enforceable undertakings may be given for the purposes of this Act in accordance with section 112A of that Act; and

(c)

a land transport record may be required to be created for the purposes of this Act in accordance with section 200B of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a land transport Act under that Act.

42 Amendment to Port Companies Act 1988

(1)

This section amends the Port Companies Act 1988.

(2)

After section 3, insert:

3A Act is marine transport Act

(1)

This Act is defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994.

(2)

This has the effect that transport instruments may be made for the purposes of this Act in accordance with section 452A of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a marine transport Act under that Act.

43 Amendment to Road User Charges Act 2012

(1)

This section amends the Road User Charges Act 2012.

(2)

After section 6, insert:

6A Act is land transport Act

(1)

This Act is defined as a land transport Act under section 2(1) of the Land Transport Act 1998.

(2)

This has the effect that—

(a)

transport instruments may be made for the purposes of this Act in accordance with section 168F of that Act; and

(b)

enforceable undertakings may be given for the purposes of this Act in accordance with section 112A of that Act; and

(c)

a land transport record may be required to be created for the purposes of this Act in accordance with section 200B of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a land transport Act under that Act.

44 Amendment to Ship Registration Act 1992

(1)

This section amends the Ship Registration Act 1992.

(2)

After section 5, insert:

5A Act is marine transport Act

(1)

This Act is defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994.

(2)

This has the effect that transport instruments may be made for the purposes of this Act in accordance with section 452A of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a marine transport Act under that Act.

45 Amendment to Shipping Act 1987

(1)

This section amends the Shipping Act 1987.

(2)

After section 2, insert:

2A Act is marine transport Act

(1)

This Act is defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994.

(2)

This has the effect that transport instruments may be made for the purposes of this Act in accordance with section 452A of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a marine transport Act under that Act.

46 Amendment to Submarine Cables and Pipelines Protection Act 1996

(1)

This section amends the Submarine Cables and Pipelines Protection Act 1996.

(2)

After section 5, insert:

5A Act is marine transport Act

(1)

This Act is defined as a marine transport Act under section 2(1) of the Maritime Transport Act 1994.

(2)

This has the effect that transport instruments may be made for the purposes of this Act in accordance with section 452A of that Act.

(3)

This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being defined as a marine transport Act under that Act.

Schedule 1 New Part 2 of Schedule 1 of Land Transport Act 1998 inserted

s 10

Part 2 Provisions relating to Regulatory Systems (Transport) Amendment Act 2020

11 Interpretation

In this Part, amendment Act means the Regulatory Systems (Transport) Amendment Act 2020.

12 Pre-existing exemptions from requirements in rules made under Part 11

Any exemption granted under section 166 or 166A before section 7 of the amendment Act comes into force continues to have effect as if that section had not come into force.

Schedule 2 New Schedule 1AA inserted into Maritime Security Act 2004

s 20

Schedule 1AA Transitional, savings, and related provisions

s 6B

Part 1 Provisions relating to Regulatory Systems (Transport) Amendment Act 2020

1 Interpretation

In this Part, amendment Act means the Regulatory Systems (Transport) Amendment Act 2020.

2 Pre-existing exemptions from regulations made under section 77

Any exemption granted under section 77 before section 17 of the amendment Act comes into force continues to have effect as if that section had not come into force.

Schedule 3 New Part 2 of Schedule 1AA of Maritime Transport Act 1994 inserted

s 33

Part 2 Provisions relating to Regulatory Systems (Transport) Amendment Act 2020

5 Interpretation

In this Part, amendment Act means the Regulatory Systems (Transport) Amendment Act 2020.

6 Pre-existing exemptions from regulations made under sections 47 and 395

(1)

Any exemption granted under section 47 before section 24 of the amendment Act comes into force continues to have effect as if that section had not come into force.

(2)

Any exemption granted under section 395 before section 27 of the amendment Act comes into force continues to have effect as if that section had not come into force.

Schedule 4 New Schedule 1AA inserted into Railways Act 2005

s 39

Schedule 1AA Transitional, savings, and related provisions

s 6B

Part 1 Provisions relating to Regulatory Systems (Transport) Amendment Act 2020

1 Interpretation

In this Part, amendment Act means the Regulatory Systems (Transport) Amendment Act 2020.

2 Pre-existing exemptions from rules made in accordance with section 57

Any exemption granted in accordance with section 57 before section 37(1) of the amendment Act comes into force continues to have effect as if that section had not come into force.