Accident Compensation (Motor Vehicle Account Levies) Regulations 2012

  • revoked
  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2012: revoked, on 2 December 2013, by regulation 9 of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 (SR 2013/419).

Reprint
as at 2 December 2013

Coat of Arms of New Zealand

Accident Compensation (Motor Vehicle Account Levies) Regulations 2012

(SR 2012/40)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of March 2012

Present:
His Excellency the Governor-General in Council

  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2012: revoked, on 2 December 2013, by regulation 9 of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 (SR 2013/419).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to sections 213(7), 329, and 333 of the Accident Compensation Act 2001, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for ACC, makes the following regulations.

Regulations

1 Title
  • These regulations are the Accident Compensation (Motor Vehicle Account Levies) Regulations 2012.

2 Commencement
  • These regulations come into force on 1 May 2012.

3 Interpretation
  • In these regulations,—

    Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

    ambulance has the same meaning as in section 2(1) of the Land Transport Act 1998

    current portion, in relation to the motor vehicle levy, means the portion of that levy that is necessary to provide for the purposes referred to in section 213(7)(a) of the Act

    event

    • (a) means a trade show, promotional event, or specific customer demonstration for display or demonstration purposes; and

    • (b) includes an agricultural fair or a boat show

    exempted vehicle

    • (a) means—

      • (ii) a motor vehicle that is the kind described in the Schedule of the Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004; or

      • (iii) a trailer that is attached to or being drawn by a motor vehicle to which subparagraph (ii) applies; or

      • (iv) any of the following if used on a road only between a place of business of a motor vehicle trader (within the meaning of the Motor Vehicle Sales Act 2003) and the location of an event:

        • (A) a new agricultural vehicle; and

        • (B) a new boat trailer and associated new boat; and

        • (C) a new heavy motor vehicle; and

        • (D) a new caravan; but

    fire brigade has the same meaning as in section 2(1) of the Land Transport Act 1998

    fire brigade vehicle means a vehicle used by a fire brigade

    fuel levy means the levy payable under section 213(2)(c) of the Act

    goods-service vehicle

    • (a) means a motor vehicle designed exclusively or principally for the carriage of goods (including animals and mail); but

    • (b) does not include a tractor

    licensing period means the period for which a licence has been issued under section 244(2) of the Land Transport Act 1998

    moped means a motor vehicle running on 2 or 3 wheels that is—

    • (a) fitted with a motor having a power output not exceeding 2 kilowatts; and

    • (b) designed to be ridden at a speed not exceeding 50 kilometres per hour under normal conditions of use

    motor vehicle

    • (a) has the same meaning as in section 2(1) of the Land Transport Act 1998; and

    • (b) includes the vehicles classified in the Schedule of these regulations

    motor vehicle levy means the levy payable under section 214(1) and (2) of the Act

    motorcar 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

    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 Agency; but

    • (c) does not include a moped

    Motorcycle Safety levy means the levy payable under section 214(3) of the Act

    non-petrol driven, in relation to a motor vehicle, means using a fuel other than petrol as the primary fuel for operation, regardless of whether the vehicle has an alternative fuel

    non-registered vehicle means—

    • (a) a motor vehicle that is described in regulation 77(3)(e) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

    • (b) a motor vehicle specified in Part 2 of Schedule 2 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011; or

    • (c) a motor vehicle specified in Part 3 of Schedule 2 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011, if a licence for the motor vehicle was issued before the close of 1 August 2011 and the licence has not expired

    passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    petrol driven, in relation to a motor vehicle, means using petrol as the primary fuel for operation, regardless of whether the vehicle has an alternative fuel

    residual portion, in relation to the motor vehicle levy, means the portion of that levy that is necessary to provide for the purposes referred to in section 213(7)(b) of the Act

    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 trade plate issued under section 262 of the Land Transport Act 1998

    trailer

    • (a) 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

    • (b) does not include—

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

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

    veteran vehicle means a motor vehicle that was manufactured before 1 January 1919

    vintage vehicle means a motor vehicle that—

    • (a) was manufactured on or after 1 January 1919; and

    • (b) is at least 40 years old on the date that it is registered or reregistered.

4 Schedule classifies motor vehicles
  • The Schedule

    • (a) classifies kinds of motor vehicles and holders of trade plates; and

    • (b) specifies the annual rates of—

      • (i) the current portion and residual portion of the motor vehicle levy for the motor vehicles and holders of trade plates in each class; and

      • (ii) the Motorcycle Safety levy, if applicable to a class.

5 Rates of levies prescribed
  • (1) The annual rates of the current portion and residual portion of the motor vehicle levy and the Motorcycle Safety levy are the rates specified in the Schedule beside the classification description of each class of vehicle.

    (2) The rate of fuel levy is 9.90 cents per litre of motor spirits.

    (3) In subclause (2), motor spirits has the same meaning as in section 79A(2) of the Customs and Excise Act 1996.

6 Payment of levies
  • (1) The motor vehicle levy and the Motorcycle Safety levy are payable—

    • (a) for each licensing period that commences on or after 1 July 2012 but on or before 1 December 2013; and

    • (b) on application for one of the following:

      • (i) a licence for a motor vehicle, under section 244 of the Land Transport Act 1998; or

      • (ii) a trade plate, under section 262 of the Land Transport Act 1998.

    (2) The fuel levy is payable—

    • (a) on and after 1 July 2012; and

    • (b) with any excise or excise-equivalent duty payable on the motor spirits.

    Regulation 6(1)(a): amended, on 1 November 2013, by regulation 8 of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 (SR 2013/419).

7 Levies exclusive of GST
  • Levies calculated by applying the rates specified in regulation 5 are exclusive of goods and services tax.

8 Revocation and saving

Schedule
Classifications and levies

rr 4, 5

Class of vehicles Classification description Motorcycle Safety levy
($)
 Annual rate of current portion of motor vehicle levy
($)
 Annual rate of residual portion of motor vehicle levy
($)
 Total
($)
1 

Ambulances

Fire brigade vehicles

Exempted vehicles

Trailers

Holders of trade plates for trailers/caravans

 Nil Nil Nil Nil
2 

Petrol driven—

  • motorcars

  • self-propelled caravans

  • mobile cranes

  • passenger service vehicles

  • hearses

 Nil 125.27 73.19 198.46
  

All petrol driven vehicles not classified elsewhere

        
  

Holders of trade plates for vehicles not classified elsewhere

        
3 

Petrol driven—

  • tractors

  • veteran vehicles

  • vintage vehicles

  • non-registered vehicles

 Nil 43.84 25.62 69.46
4a 

Petrol driven mopeds

 30.00 66.30 32.94 129.24
  

Holders of trade plates for mopeds and motorcycles 60 cc or less

        
4b 

Petrol driven motorcycles 600 cc or less

 30.00 220.85 76.85 327.70
4c 

Petrol driven motorcycles over 600 cc

 30.00 294.45 102.47 426.92
  

Holders of trade plates for motorcycles over 60 cc

        
5 

Petrol driven goods-service vehicles

 Nil 150.32 87.83 238.15
6 

Non-petrol driven—

  • motorcars

  • self-propelled caravans

  • mobile cranes

  • passenger service vehicles

  • hearses

 Nil 238.19 73.19 311.38
  

All non-petrol driven motor vehicles not classified elsewhere

        
7 

Non-petrol driven—

  • tractors

  • veteran vehicles

  • vintage vehicles

  • non-registered vehicles

 Nil 83.36 25.62 108.98
8a 

Non-petrol driven mopeds

 30.00 100.18 32.94 163.12
8b 

Non-petrol driven motorcycles 600 cc or less

 30.00 254.73 76.85 361.58
8c 

Non-petrol driven motorcycles over 600 cc

 30.00 327.61 102.47 460.08
9 Non-petrol driven goods-service vehicles Nil 357.29 109.79 467.08

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 March 2012.


Reprints notes
1 General
  • This is a reprint of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2012 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 (SR 2013/419): regulations 8, 9