Land Transport (Certification and Other Fees) Regulations 2014

2014/291

Coat of Arms of New Zealand

Land Transport (Certification and Other Fees) Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 1st day of September 2014

Present:
His Excellency the Governor-General in Council

Pursuant to sections 167 and 168 of the Land Transport Act 1998, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Land Transport (Certification and Other Fees) Regulations 2014.

2 Commencement
  • These regulations come into force on 1 November 2014.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

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

    authorised person means a person, or a member of a specified class of persons, authorised by the Agency to collect a fee under these regulations

    exemption means an exemption under section 166 of the Act for a vehicle from a specified requirement in a land transport rule

    heavy motor vehicle means a motor vehicle of a kind specified as a heavy motor vehicle in the Vehicle Standards Compliance rule

    inspecting organisation means a person or organisation appointed by the Agency under clause 2.2(1) of the Vehicle Standards Compliance rule who is responsible for inspection and certification outcomes

    land transport rule means a rule made under Part 11 of the Act

    light motor vehicle means any motor vehicle of a kind that is not a heavy motor vehicle

    vehicle inspector means an individual appointed by the Agency under clause 2.2(1) of the Vehicle Standards Compliance rule to carry out inspection and certification activities in accordance with requirements and conditions imposed by the Agency

    Vehicle Standards Compliance rule means the rule for the time being in force under the Act that imposes—

    • (a) requirements for the certification of motor vehicles for compliance with applicable requirements; and

    • (b) requirements relating to certification of motor vehicles generally.

4 Application fees for inspecting organisations and vehicle inspectors
  • The following fees are payable for an application for appointment as an inspecting organisation or a vehicle inspector:

    Application for appointment as inspecting organisation $1,250 for 1 activity and 1 site
    plus $160 per hour for assessment of each additional activity or site for which approval is sought
    Application for appointment as vehicle inspector $430 for 1 activity
5 Hourly rate for Agency services
  • The Agency may charge an hourly rate of $160 for the following services:

    • (a) monitoring and review of an inspecting organisation or a vehicle inspector under the Vehicle Standards Compliance rule where there is evidence of serious or repeated failures to comply with any of the requirements or conditions of appointment:

    • (b) assessing an application from an approved inspecting organisation to add or change an inspection activity, an inspection site, or a condition of approval:

    • (c) assessing an application for an exemption.

6 Waiver or refund of fees
  • (1) The Agency may waive or refund the whole or part of the applicable fee payable under these regulations if—

    • (a) a person applies to be appointed as an inspecting organisation and a vehicle inspector at the same time; or

    • (b) a vehicle inspector applies to add an inspection activity; or

    • (c) an applicant for appointment as a vehicle inspector applies to resit an assessment; or

    • (d) a person is renewing his or her appointment as a vehicle inspector; or

    • (e) an application for appointment as an inspecting organisation or a vehicle inspector, or for an exemption, is withdrawn part of the way through the process; or

    • (f) aspects of the assessment of an application for appointment as an inspecting organisation or a vehicle inspector are undertaken by a person or persons approved by the Agency and billed separately by that person or those persons, and it would be inequitable for the Agency to charge the applicant the full application fee; or

    • (g) a person applies for an exemption and previous decisions have been made on applications of the same kind with the result that the amount of work and the cost involved in deciding the application are reduced; or

    • (h) a person applies for an exemption from a requirement of a land transport rule that has become outdated but the person can effectively comply using a more advanced motor vehicle technology.

    (2) The Agency or an authorised person may waive or refund the whole or part of any fee payable under regulation 10(1) if the Agency or authorised person is satisfied that—

    • (a) the work actually done to collect information does not justify the payment (or full payment) of the fee; or

    • (b) there are special circumstances applicable to the particular case.

7 Certification fee
  • A vehicle inspector or inspecting organisation must pay to the Agency, in respect of each record of certification issued, the following fee:

    • (a) $6.50 for a certificate of fitness; or

    • (b) $1.35 for an entry (new); or

    • (c) $1.69 for an entry (used); or

    • (d) $13.85 for a low volume vehicle; or

    • (e) $4.50 for a heavy vehicle specialist; or

    • (f) $3.85 for a repair; or

    • (g) $1.55 for a warrant of fitness.

8 Standards development fee
  • (1) The person registered under Part 17 of the Act in respect of a motor vehicle of a kind specified in Schedule 2 of the Vehicle Standards Compliance rule must pay to the Agency, at the time of relicensing of the vehicle, a fee in respect of standards development and auditing of $1.33 per annum.

    (2) Subclause (1) does not apply in respect of a motor vehicle of a kind specified in Schedule 3 of the Vehicle Standards Compliance rule.

9 Application fees for certification of in-service fitness or registration or issue of duplicate certificate
  • (1) The fee to be paid by an applicant for certification of a vehicle for in-service fitness, or certification for registration purposes, is an amount fixed by the inspecting organisation or vehicle inspector that is reasonable, having regard to—

    • (a) the time spent inspecting the vehicle to ascertain whether it complies with the relevant requirements; and

    • (c) any standard or usual rate at which the inspecting organisation or vehicle inspector imposes charges for other work carried out in respect of motor vehicles.

    (2) An inspecting organisation or a vehicle inspector may charge a reasonable fee for providing a duplicate of an evidence of vehicle inspection.

    (3) If, as a result of inspection of a motor vehicle for the purposes of certification for in-service fitness, no evidence of vehicle inspection is issued, no additional fee is payable for any subsequent application for the issue of evidence of vehicle inspection to the same inspecting organisation or vehicle inspector for the purposes of the same certification, if that application is made within 28 days after the first inspection.

    (4) Subclause (3) applies only in respect of motor vehicles that are required under the Vehicle Standards Compliance rule to have a warrant of fitness inspection and certification.

10 Fee payable by vehicle importer
  • (1) A person who imports any motor vehicle that is to be registered in New Zealand must pay to the Agency or to an authorised person, before the vehicle is released from the control of Customs, a fee of $5.50 in respect of the collection of information about that vehicle while it is in the control of Customs for the purposes of the Vehicle Standards Compliance rule.

    (2) Despite subclause (1), a person who imports a new motor vehicle is not liable to pay a fee in respect of the collection of information about that vehicle while it is in the control of Customs if—

    • (a) the person imports a light motor vehicle and has been appointed as a vehicle inspector for vehicles of the same make as the vehicle that is imported; or

    • (b) the person imports a heavy motor vehicle and is the manufacturer or manufacturer's representative in New Zealand for the make and class of vehicle that is imported.

11 Fees payable for purposes of Land Transport Rule: Frontal Impact 2001
  • (1) The fee payable for the identification of a vehicle as an immigrant's vehicle under paragraph 3 of Schedule 1 of Land Transport Rule: Frontal Impact 2001 is $160.

    (2) The fee payable for an application to obtain a special interest vehicle permit under paragraph 3 of Schedule 2 of Land Transport Rule: Frontal Impact 2001 is $160.

12 Fee payable for Category A Left-hand Drive Vehicle Permit application
  • The fee payable for an application for a Category A Left-hand Drive Vehicle Permit under paragraph 1 of Part 2 of the Schedule of Land Transport Rule: Steering Systems 2001 is $160.

13 Fees to be exclusive of GST
  • The fees prescribed by these regulations are exclusive of goods and services tax.

14 Revocation

Michael Webster,
Clerk of the Executive Council.


Explanatory note

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 2014, revoke and replace the Land Transport (Certification and Other Fees) Regulations 1999 (the 1999 regulations).

Regulation 3 defines terms used in the regulations. The terms “certifying organisation” and “certifier” used in the 1999 regulations are replaced with “inspecting organisation” and “vehicle inspector”.

Regulation 4 specifies the fees for an application for appointment as an inspecting organisation or a vehicle inspector. The various fees in the 1999 regulations are replaced by—

  • a single fee for an application for appointment as an inspecting organisation for 1 activity and 1 site, plus an hourly rate if the application involves second or subsequent activities or sites; and

  • for an application for appointment as a vehicle inspector for 1 activity, a single fee.

The fit and proper person fee in the 1999 regulations is not carried forward because the cost of this check is included in the fee for appointment.

Regulation 5 prescribes hourly rates for certain services performed by the New Zealand Transport Agency.

Regulation 6 specifies the circumstances in which the Agency may waive or refund fees payable under the regulations. There are a number of new powers to waive or refund fees.

Regulation 7 prescribes the fees to be paid by an inspecting organisation or vehicle inspector for each record of certification issued.

The planned review fee in the 1999 regulations is not carried forward. The cost of routine reviews of inspecting organisations and vehicle inspectors is included in the certification fees.

Regulation 8 prescribes the standards development fee. The amount of the fee payable is not changing, but is now expressed as a GST exclusive amount (see also regulation 13).

Regulation 9 prescribes the fees that may be charged for an application for certification of in-service fitness or registration which are (as under the 1999 regulations) fixed by the inspecting organisation or vehicle inspector. Subclause (2) provides that an inspecting organisation or a vehicle inspector may charge a reasonable fee for providing a duplicate of an evidence of vehicle inspection. This replaces the set fees in the 1999 regulations.

Regulation 10 prescribes the fee for collection of information about a vehicle while it is in the control of Customs for the purposes of the Vehicle Standards Compliance rule. The fee is reduced. The power to waive or refund the fee is carried over, but is now in new regulation 6.

Regulation 11 prescribes (and increases) the fees payable for the purposes of Land Transport Rule: Frontal Impact 2001.

Regulation 12 prescribes (and reduces) the fee payable for a Category A Left-hand Drive Vehicle Permit application.

Regulation 13 provides that the fees prescribed by these regulations are exclusive of goods and services tax.

Regulation 14 revokes the 1999 regulations.

Regulatory impact statement

The New Zealand Transport Agency, with the assistance of the Ministry of Transport, produced a regulatory impact statement on 9 May 2014 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 September 2014.

These regulations are administered by the Ministry of Transport.