New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) It is a defence to a prosecution for an offence involving a breach of a provision of Land Transport Rule: Dangerous Goods 2005 that imposes requirements concerning the carrying of dangerous goods by rail or road if the defendant proves that—
(a) the defendant was—
(i) the loader, driver, or operator of a motor vehicle or rail vehicle carrying a load in respect of which it is alleged the offence was committed; or
(ii) the employer of a loader of a motor vehicle or rail vehicle carrying a load in respect of which it is alleged the offence was committed; and
(b) the defendant did not know and could not be reasonably expected to have known that the load carried by the vehicle included dangerous goods.
(2) It is a defence in any prosecution for an offence involving a breach of a provision of the Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 that requires that approved seat belts be obtained or seat belts be replaced if the defendant proves that, at the date of the alleged offence,—
(a) reasonable but unsuccessful steps had been taken to obtain an approved seat belt, and an order for an approved seat belt had been placed with a supplier and was still in force; or
(b) the seat belt or the fasteners, buckles, or retractors had been removed for repair by a seat belt manufacturer or his or her agent, and an order for the repair had been placed not more than 2 months previously and was still in force.
Regulation 5(1): amended, on 27 June 2005, by regulation 3 of the Land Transport (Offences and Penalties) Amendment Regulations (No 2) 2005 (SR 2005/137).
Regulation 5(1)(a)(i): amended, on 20 July 2005, by section 103(4) of the Railways Act 2005 (2005 No 37).
Regulation 5(1)(a)(ii): amended, on 20 July 2005, by section 103(4) of the Railways Act 2005 (2005 No 37).
Regulation 5(2): added, on 1 April 2002, by regulation 4 of the Land Transport (Offences and Penalties) Amendment Regulations 2002 (SR 2002/44).
