Notice in relation to Notice of Motion to Disallow Regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012

2013/32

Coat of Arms of New Zealand

Notice in relation to Notice of Motion to Disallow Regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012

Pursuant to section 10(1) of the Regulations (Disallowance) Act 1989, the Clerk of the House of Representatives gives the following notice.

Notice

1 Title
  • This notice is the Notice in relation to Notice of Motion to Disallow Regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012.

2 Interpretation
  • In this notice, unless the context otherwise requires,—

    notice of motion means the notice of motion referred to in clause 3(1)

    sitting day means a sitting day of the House of Representatives.

3 Notice of motion given by member of Regulations Review Committee
  • (1) A notice of motion to disallow regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012 was given in the House of Representatives by Charles Chauvel MP who was, at the time of the giving of the notice, a member of the Committee of the House of Representatives responsible for the review of regulations (that is, the Regulations Review Committee).

    (2) The text of the notice of motion is set out in the Schedule.

4 Date of sitting day on which notice of motion given
  • The date of the sitting day on which the notice of motion was given is 13 November 2012.

5 Notice of motion not disposed of, etc
  • (1) Since the notice of motion was given, 21 sitting days have expired and—

    • (a) the notice has not been withdrawn and the motion has not been moved; and

    • (b) the motion has not been called on and moved and has not been withdrawn or otherwise disposed of.

    (2) Since the notice of motion was given and before the expiry of 21 sitting days after the date on which it was given,—

    • (a) Parliament has not been dissolved and has not expired; and

    • (b) Parliament has not been prorogued and the notice of motion has not been carried over to the next session of the same Parliament.

6 Date of 21st sitting day after giving of notice of motion
  • The date of the 21st sitting day after the giving of the notice of motion is 27 February 2013.

7 Notice forwarded to Chief Parliamentary Counsel
  • This notice has been forwarded to the Chief Parliamentary Counsel in accordance with section 10(1) of the Act.


Schedule
Text of notice of motion

cl 3(2)

1. CHARLES CHAUVEL to move, That the House disallow regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012 on the grounds that they appear to make some unusual or unexpected use of the powers conferred by the statute under which they are made (offending Standing Order 315(2)(c)), and that they contain matter more appropriate for parliamentary enactment (offending Standing Order 315(2)(f)).

Dated at Wellington this 28th day of February 2013.

Mary Harris,
Clerk of the House of Representatives.


Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice relates to a notice of motion to disallow the following provisions of the Road User Charges (Transitional Matters) Regulations 2012 (SR 2012/145):

  • regulation 5(3) (which modifies, during a specified transitional period, the definition of exempt vehicle in section 5(1) of the Road User Charges Act 2012 (the 2012 Act) to provide an exemption under that Act for unregistered vehicles operating under trade plates):

  • regulation 5(4) (which modifies, during a specified transitional period, section 5(1) of the 2012 Act by replacing the definition of permit to clarify that the term means a permit issued by a road controlling authority):

  • regulation 8 (which modifies, during a specified transitional period, the 2012 Act by inserting a new section that provides for the exemption granted under the Road User Charges Act 1977 in respect of farmers’ vehicles used on the road only in connection with agricultural operations to continue to apply as if those vehicles were exempt within the meaning of section 5(1) of the 2012 Act).

The notice of motion was given in the House of Representatives on a sitting day, 13 November 2012, by a member of Parliament who was, at the time of the giving of the notice, a member of the Regulations Review Committee.

As the notice of motion was not withdrawn, moved, or otherwise disposed of by the expiry of 21 sitting days after the date on which it was given, section 6(1) of the Regulations (Disallowance) Act 1989 (the 1989 Act) provides that the regulations specified for disallowance in the motion are deemed to have been disallowed.

Under section 6(2)(a) of the 1989 Act, the disallowed regulations cease to have effect on the expiry of the 21st sitting day after the giving of the notice of motion. In this case, the date of the 21st sitting day after the giving of the notice of motion is 27 February 2013. Accordingly, the disallowed regulations ceased to have effect on the close of 27 February 2013.

Section 7 of the 1989 Act provides that the disallowance of regulations has the same effect as a revocation of those regulations.

The effect of the notice of motion and the operation of the 1989 Act is, therefore, that regulations 5(3), 5(4), and 8 of the Road User Charges (Transitional Matters) Regulations 2012 are revoked as at the close of 27 February 2013.


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

Date of notification in Gazette: 1 March 2013.

This notice is administered by the Office of the Clerk of the House of Representatives.