New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 1 August 2008
(SR 1989/313)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These regulations are administered in the Ministry of Transport.
PURSUANT to section 66 of the Transport Services Licensing Act 1989, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
2A Area knowledge tests [Revoked]
4 Replacement of licences and other documents [Revoked]
5 Surrender of licence [Revoked]
7A Annual licence monitoring fees [Revoked]
8 Rail services [Revoked]
(1) These regulations may be cited as the Transport Services Licensing Regulations 1989.
(2) These regulations shall come into force on the 1st day of November 1989.
In these regulations—
The Act means the Transport Services Licensing Act 1989
registered trader means a motor vehicle trader registered under the Motor Vehicle Sales Act 2003.
registered trader: this definition was inserted, as from 15 December 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12).
Small Passenger Service Rules means the rules set out in Part 1 of Schedule 3 to the Act
Vehicle Recovery Service Rules means the rules set out in Part 2 of Schedule 3 to the Act.
Terms defined in the Act have the meanings so defined.
[Revoked]
Regulation 2A: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
[Revoked]
Regulation 3: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
[Revoked]
Regulation 4: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
[Revoked]
Regulation 5: revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
(1) There shall be paid to the Agency in respect of the matters specified in the second column of Schedule 1 the appropriate fees specified in the third column of that Schedule. Any such fees shall be payable by the appropriate persons specified in the fourth column of that Schedule.
(2) The fees payable in respect of any application for a driver identification card shall be the appropriate fee specified in regulation 8 of the Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999.
(3) The Agency may remit or refund the whole or part of any fee payable under this regulation (including a fee referred to in subclause (2) of this regulation) on any of the following grounds:
(a) That the application or matter in respect of which the fee has been paid has been withdrawn or nullified:
(b) That the application or other matter is of a minor nature and that the work and expense of the Authority is reduced to an extent that justifies the remission or refund:
(c) In respect of a vetting fee, that the applicant has undergone vetting within the previous 12 months in relation to any other application or matter under the Act:
(d) That in all the circumstances of the case it would be inappropriate to require the fee, or the full fee, to be paid.
Regulation 6 was amended by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the word “Secretary”
wherever it occurred, and by substituting the word “Authority”
for the words “Ministry, or of the Transitional Licensing Authority,”
.
Regulation 6(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 6(1): amended, on 1 October 2007, by regulation 4(1) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
Regulation 6(2): amended, on 1 October 2007, by regulation 4(2) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
Regulation 6(3): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
(1) Subject to the provisions of this regulation, on and after the first day of November 1989 there shall be payable to the Agency in respect of each transport service licence an annual licence fee at the rate of $55 for each motor vehicle and each trailer, other than a light trailer, operated under the licence.
(2) Any such fee shall be paid to the Registrar of Motor Vehicles when application is made for an annual licence for the vehicle under Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.
(3) The Agency may remit or refund the whole or part of any fee payable under this regulation to the extent that the Agency is satisfied that any vehicle has not been operated under the transport service licence for a full 12 months.
(4) For the purposes of this regulation,—
light trailer has the same meaning as in clause 2(1) of the Land Transport (Driver Licensing) Rule 1999
trailer has the same meaning as in clause 2(1) of the Land Transport (Driver Licensing) Rule 1999.
Regulation 7 was amended by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Director”
for the word “Secretary”
wherever it occurred.
Regulation 7(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 7(1): amended, on 1 October 2007, by regulation 5(1) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
Regulation 7(1): amended, on 1 October 2007, by regulation 5(2) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
Subclause (1) was amended, as from 4 August 1997, by regulation 2 Transport Services Licensing Amendment Regulations 1997 (SR 1997/120) by substituting the expression “$24”
for the expression “$10”
.
Regulation 7(3): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 7(4): added, on 1 October 2007, by regulation 5(3) of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
[Revoked]
Regulation 7A: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).
The fees prescribed by these regulations are inclusive of goods and services tax.
Regulation 7A was substituted, and regulation 7B was inserted, as from 15 January 1998, by regulation 2 Transport Services Licensing Amendment Regulations (No 2) 1997 (SR 1997/365).
[Revoked]
Regulation 8: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).
For the purposes of clause 5 of Part 1 of Schedule 1 to the Act, the following services are exempt services:
(a) Private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service:
(b) [Revoked]
(c) The use of vehicles principally designed as places of abode that are also able to carry horses and other livestock and are used in a private or sporting capacity:
(d) The delivery of newspapers, telephone directories, or other printed material in private motorcars, or in other vehicles for not more than a total of 7 days in any 12-month period:
(e) The use of trucks by registered traders to carry goods for demonstration and sale purposes:
(f) The use of vintage vehicles to carry goods for display purposes:
(g) The use of trailers towed by small passenger service vehicles to carry passengers luggage:
(h) The towing of disabled vehicles using a rope tow or a flat tow by—
(i) Any person employed by the New Zealand Automobile Association Incorporated or any constituent member association thereof; or
(ii) The owner of a garage or workshop at which repairs to such vehicles will be undertaken or any employee of the owner:
(i) The removal of vehicles by New Zealand Defence Force tow trucks at the request of an officer of the Ministry of Transport or a constable or a traffic officer who is a non-sworn member of the Police:
(j) Routine towing services by New Zealand Defence Force tow trucks in areas where there is no commercial tow operator nearby:
(k) The hiring of light trailers:
(l) [Revoked]
(m) Fast food outlet delivery services using any private motorcar or private motorcycle
Regulations 8 and 9 were inserted by regulation 3 Transport Services Licensing Regulations 1989, Amendment No 1 (SR 1993/151).
Regulation 9(b): revoked, on 1 October 2007, by regulation 6 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
Paragraph (e) was amended, as 15 December 2003, by section 145 Motor Vehicle Sales Act 2003 (2003 No 12) by substituting the words “registered traders”
for the words “licensed motor vehicle dealers”
.
Regulation 9(l): revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).
Regulation 9(m) was inserted, as from 27 April 1995, by regulation 2 Transport Services Licensing Regulations 1989, Amendment No 2 (SR 1995/67).
Schedule 1 |
Schedule 1: substituted, on 1 October 2007, by regulation 7 of the Transport Services Licensing Amendment Regulations 2007 (SR 2007/233).
| Provision | Matter in respect of which fee payable | Fee ($) | Person by whom fee payable |
| Land Transport Act 1998, s 30K | For every application for a transport service licence (other than a rail service licence)— | Applicant | |
| (a) processing fee | 440.00 | ||
| (b) vetting fee payable for each person specified in application as person to have control of service | 28.20 | ||
| Land Transport Act 1998, s 30P(2) | For every application to be an approved taxi organisation— | Applicant | |
| (a) processing fee | 3,678.15 | ||
| (b) vetting fee payable for each person specified in application as a responsible officer or person to have control of the organisation | 28.20 | ||
| Land Transport Act 1998, s 167(1)(j) | For every notified change in persons having control of a transport service, or responsible officers of an approved taxi organisation— | Licence holder or taxi organisation | |
| (a) processing fee | No fee | ||
| (b) vetting fee payable for each new person notified | 28.20 | ||
| Land Transport Act 1998, s 167(1)(j) | For every non-standard approval required under a rule, where a fixed fee is not appropriate due to the size or variability of the matter in respect of which approval is sought | 115.73 per hour | Applicant |
Schedule 1 Railways Act 2005: revoked, on 22 May 2008, by regulation 4 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).
Schedule 2 | Reg 7A |
[Revoked]
Schedule 2: revoked, on 22 May 2008, by regulation 5 of the Transport Services Licensing Amendment Regulations 2008 (SR 2008/109).
The original Schedule was substituted, and Schedule 2 was inserted, as from 15 January 1998, by regulation 3 Transport Services Licensing Amendment Regulations (No 2) 1997 (SR 1997/365).
MARIE SHROFF,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 November 1989, are made under the Transport Services Licensing Act 1989 and make provision for the following matters:
(a) The matters to be entered in complaints registers required to be kept under the Act:
(b) The issue of replacement licences and other documents:
(c) The return of licences to the Secretary or the Transitional Licensing Authority in appropriate circumstances:
(d) The setting of fees for applications and other matters under the Act.
Date of notification in Gazette: 31 October 1989.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Transport Services Licensing Regulations 1989. It incorporates all the amendments to the Transport Services Licensing Regulations 1989 as at 1 August 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)
Transport Services Licensing Amendment Regulations 2008 (SR 2008/109)
Transport Services Licensing Amendment Regulations 2007 (SR 2007/233)