(1) Any local authority may appoint any person to hold the office of parking warden.

(2) Every person who holds the office of parking warden at the commencement of this section is hereby deemed to have been appointed under the authority of subsection (1).

(3) A parking warden may exercise the functions, duties, and powers of a parking warden conferred or imposed by or under this or any other Act only within the district or region of the local authority that appointed the parking warden.

(4) Every local authority that appoints any person under this section shall be liable for the actions of that person as a parking warden in all respects as if that person were an officer or employee of the local authority (whether or not that is the case) and as if any directions given or control exercised by any other person over the parking warden in that capacity were directions given or control exercised by the local authority.

(5) [Repealed]

(1) Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable to a fine not exceeding $1,000, and, if in the opinion of the Court the offence relates to road safety, the Court may order the person to be disqualified from holding or obtaining a driver's licence for such period as the Court thinks fit.

(2) [Repealed]

(3) On conviction of any person for an offence against or in respect of—

• (a) any regulations made under section 243 of the Public Works Act 1981 (which relates to motorways); or

• (b) [Repealed]

• (c) any bylaws made under section 72,—

the Court may, if in its opinion the offence relates to road safety, order the person to be disqualified from holding or obtaining a driver licence for such period as the Court thinks fit, whether or not the Court imposes any other penalty for the offence.

(1) In this section,—

(2) Proceedings for a stationary vehicle offence may be taken against any one or more of the following persons:

• (a) the person who allegedly committed the offence:

• (b) the person who, at the time of the alleged offence, was registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle involved in the offence (or, if the offence is alleged to have been committed before the commencement of section 242 of that Act, a person who, at the time of the alleged offence, was registered as the owner, or 1 of the owners, of that vehicle in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986):

• (c) any person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether jointly with any other person or not)—

whether or not (in the case of a person referred to in paragraph (b) or paragraph (c)) the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed.

(3) Subject to subsection (5), in any proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) it shall be conclusively presumed that—

• (a) the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and accordingly

• (b) the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.

(4) It shall be a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.

(5) It shall be a defence to proceedings taken against a person pursuant to paragraph (b) or paragraph (c) of subsection (2) if—

• (a) the person proves that, at the time the alleged offence was committed—

  • (i) he or she was not lawfully entitled to possession of the vehicle (either jointly with any other person or severally); or

  • (ii) another person was unlawfully in charge of the vehicle; and

• (b) forthwith after becoming aware of the alleged offence he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and

• (c) he or she has done everything reasonably possible on his or her part to comply with all requests of the enforcement authority to supply to the authority enforcement information regarding the person lawfully entitled to possession, or who was in charge, of the vehicle at the time of the alleged offence.

(6) In the case of any stationary vehicle offence, any defence available under subsection (4) or subsection (5) is in addition to and not in substitution for any defences available under the enactment creating the offence.

(7) This section shall have effect notwithstanding anything to the contrary in any Act or rule of law.

(1) In this Act, the term infringement offence means a stationary vehicle offence.

(2) For the purposes of any proceedings in respect of an infringement offence that is an offence against a bylaw made under paragraph (e) or paragraph (g) of section 9(1) of the Airport Authorities Act 1966, the expression officer includes officers appointed by an airport authority.

(2A) For the purposes of any proceedings in respect of an infringement offence that is an offence against the Transport Services Licensing Act 1989 specified in Part 6 of Schedule 2 to this Act, the expressions traffic officer and officer include enforcement officers within the meaning of that Act.

(3) Where a constable or traffic officer has reason to believe that the user of a vehicle has committed an infringement offence,—

• (a) the user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957 (except where the offence is an overloading offence); or

• (b) the constable or traffic officer may issue an infringement notice in respect of the alleged offence.

(4) Where a parking warden has reason to believe that the user of a vehicle has committed an infringement offence that may be enforced by a parking warden under section 68BA,—

• (a) the user of the vehicle may be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or

• (b) the parking warden may issue an infringement notice in respect of the alleged offence.

(5) Any sworn or non-sworn member of the Police or any officer (not necessarily the constable, traffic officer, parking warden, or officer who issued the infringement notice) may do any one or more of the following things:

• (a) attach an infringement notice, or a copy thereof, to the vehicle to which the notice relates:

• (b) deliver an infringement notice, or a copy thereof, personally to a person:

• (c) send an infringement notice, or a copy thereof, to a person by post addressed to the person at the person's last known place of residence or business.

(6) For the purposes of the Summary Proceedings Act 1957—

• (a) where an infringement notice, or a copy thereof, is attached to the vehicle to which the notice relates pursuant to subsection (5)(a), the notice or copy shall be deemed to have been served on every person liable in respect of the alleged offence and to have been served when the notice or copy was attached to the vehicle:

• (b) where an infringement notice, or a copy thereof, is sent to a person by post addressed to the person at the person's last known place of residence or business pursuant to subsection (5)(c), the notice or copy shall be deemed to have been served on the person when it was so posted.

(7) An infringement notice may be in the same form as an infringement notice under section 139(4) of the Land Transport Act 1998, so long as the associated reminder notice contains the details set out in section 140 of that Act; and those sections 139 and 140 apply with any necessary modifications for the purposes of this subsection.

(8) Different forms of infringement notices may be prescribed in respect of different kinds of infringement offences.

(8A) The infringement fee payable for a stationary vehicle offence is the infringement fee specified in Schedule 2 for the offence that constitutes the stationary vehicle offence.

(9) Where an infringement fee is paid to an enforcement authority that is a local authority or an airport authority, the authority shall send to the Commissioner such particulars of the infringement and of the payment as the Commissioner requires.

(10) Where the infringement fee for an infringement offence for which an infringement notice has been issued is paid to the enforcement authority at the address for payment specified in the notice before or within 28 days after service of a reminder notice in respect of the offence pursuant to section 21 of the Summary Proceedings Act 1957, sections 44 to 51 of this Act shall apply as if—

• (a) the date on which the infringement notice was issued is the date on which the offence was committed; and

• (b) a summary conviction in respect of the offence had been entered against the offender on the date of the payment of the infringement fee.

(11) In any proceedings against any person for an offence in connection with the driving of a motor vehicle, a certificate purporting to be signed by an employee of the Authority or a member of the Police to the effect that the employee or member has checked the information stored in relation to driver history on such computer system as is for the time being maintained by any Government agency, (being the Police or the Authority or the Department for Courts) for the purposes of storing law enforcement information, and—

• (a) has found a record to the effect that an infringement fee has been paid by that person in respect of an infringement offence; or

• (b) has found a record to the effect that a Court has made an order in respect of an infringement offence or a minor offence—

shall, in the absence of evidence to the contrary and if a printout of the record is annexed to the certificate, be sufficient evidence of the matters contained in the certificate.

(1) Subject to subsection (3), all infringement fees received under section 42A by an enforcement authority or recovered under the Summary Proceedings Act 1957 shall be paid into the Crown Bank Account; except that the enforcement authority may retain such portion of the fees so received as the Minister of Finance from time to time approves as being the expenses incidental to their collection.

(2) [Repealed]

(3) A local authority that is an enforcement authority shall be entitled to retain—

• (a) all infringement fees received by it in respect of offences involving—

  • (i) parking in breach of a bylaw of the local authority in any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the local authority; or

  • (ii) parking in any other portion of a road in breach of a bylaw of the local authority prohibiting parking for a period in excess of the period fixed by the bylaw where the infringement notice in respect of the offence was issued by an officer or other person appointed by that authority; and

• (b) all towage fees received by it; and

• (c) such portion of all other infringement fees received by it as the Minister of Finance from time to time approves.

(4) The Commissioner shall from time to time, out of money appropriated by Parliament for the purpose, pay to a local authority such portion as the Minister of Finance from time to time approves, of the infringement fees (other than towage fees) received by the Commissioner in respect of other offences that involve breaches of the local authority's bylaws (not being offences that are also offences against an Act or regulation).

(5) For the purposes of subsections (3)(c) and (4), the Minister of Finance may approve different portions for different local authorities or enforcement authorities and different categories of infringement offences.

(6) For the purposes of this section the expression local authority includes an airport authority.

(1) Where, in proceedings in respect of a parking offence,—

• (a) the defendant is found guilty of, or pleads guilty to, the offence; and

• (b) the Court is satisfied that expenses have been incurred by an enforcement authority in respect of the movement or proposed movement under section 68B(1)(c) or section 68BA(2)(b) of the vehicle involved in the offence (whether or not the vehicle was in fact moved),

the Court shall order the defendant to pay, in addition to the fine (if any) and the costs (if any) ordered by the Court, the amount of the appropriate towage fee.

(2) Where, in proceedings in respect of a parking offence (including proceedings commenced by the filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 or the provision of particulars of a reminder notice under section 21 of that Act), the defendant is ordered to pay an amount in respect of a towage fee, the amount of the fee recovered shall be paid to the enforcement authority that incurred the towage expenses.

(1) All speed limits fixed by any Act, regulation, bylaw, or notice in the Gazette before the date on which section 4 of the ransport Amendment Act 1997 comes into force continue to have effect in relation to any road or locality to which they applied before that date until superseded in respect of that road or locality by a speed limit fixed on or after that date by—

• (a) a controlling authority in accordance with any ordinary rule or emergency rule made under Part 2 of the Land Transport Act 1993; or

• (b) the Agency under any such rule; or

• (c) a Minister of the Crown by bylaw made under section 72(1)(j).

(1) On being informed of any offence alleged to have been committed by a driver of a motor vehicle while in charge thereof (whether the offence is an offence against this Act or any other enactment or any bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the driver.

(2) On being informed of any offence alleged to have been committed by a passenger in or through the use of a motor vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence (whether the offence is one against this Act or any other enactment or bylaw), and on being requested so to do by a constable or traffic officer or parking warden, whether orally or in writing, the owner and the driver of that vehicle, and also in the case of a vehicle let on hire, the person to whom it is let on hire, shall, within 14 days after the receipt of the request, give all information in his possession or obtainable by him which may lead to the identification and apprehension of the passenger.

(3) Every person commits an offence who—

• (a) fails to comply with subsection (1) or subsection (2); or

• (b) gives any information in response to a request made under either of these subsections knowing that the information is false or misleading.

(4) Every person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $2,000.

(1) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden is hereby authorised to enforce the provisions and offences specified or referred to in Schedule 2A.

(2) Any parking warden in uniform or in possession of any warrant or other evidence of authority as a parking warden may—

• (a) direct any person on any road, and apparently in charge of or in any vehicle, to furnish the person's name and address and give any other particulars required as to the person's identity, and give such information as is within the person's knowledge and as may lead to the identification of the driver or person in charge of any vehicle:

• (b) if the parking warden believes on reasonable grounds that a vehicle on a road causes an obstruction in the road or to any vehicle entrance to any property, or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public,—

  • (i) enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and

  • (ii) move, or authorise another person to move, the vehicle to any place where it does not constitute a traffic hazard:

• (c) direct the driver or person in charge of any vehicle on any road to remove the vehicle from the road or any specified part of any road, if the parking warden believes on reasonable grounds that it causes an obstruction in the road or to any vehicle entrance to any property, or that its removal is desirable in the interests of road safety or for the convenience or in the interests of the public.

(3) Every person commits an offence who fails to comply with any direction given under subsection (2)(a) or who gives in response to a direction under that provision any information that the person knows to be false.

(4) Every person to whom any direction is given under the authority of this section shall comply with that direction, and no person shall do any act that is for the time being forbidden by any direction given under the authority of this section.

(5) Any person who is authorised by a parking warden to—

• (a) enter a vehicle for the purpose of moving it or preparing it for movement; or

• (b) move a vehicle to a place where it does not constitute a traffic hazard—

may do so, but shall do everything reasonably necessary to ensure that the vehicle is not damaged in the course thereof.

(6) Any person who—

• (a) has possession of a vehicle as a result of its being moved under subsection (1)(b); and

• (b) when requested at any reasonable time to do so by a person who produces satisfactory evidence to the effect that the person was lawfully entitled to possession of the vehicle immediately before it was moved, fails to deliver possession of the vehicle to that person forthwith—

commits an offence against this Act, and is liable to a fine not exceeding $1,000.

(1) A search warrant issued under section 198(1) of the Summary Proceedings Act 1957 in relation to any offence that involves road user charges matters may be directed—

• (a) to any traffic officer by name, being a traffic officer authorised by the Commissioner to execute search warrants; or

• (b) generally to every such traffic officer; or

• (c) in the manner provided by section 198(2) of the Summary Proceedings Act 1957.

(2) Where any search warrant to which this section relates is directed to any traffic officer by name or generally to every traffic officer authorised to execute search warrants, the Summary Proceedings Act 1957 shall apply in all respects as if every reference therein to a constable included a traffic officer.

(3) Any traffic officer executing any search warrant shall, when reasonably requested to do so, produce evidence of the traffic officer's authority from the Commissioner to execute such warrants.

(1) Any constable, traffic officer who is a non-sworn member of the Police, or officer of the Department authorised by the Secretary to exercise any powers under this section (in this section each referred to as an ‘authorised officer’) may remove or require the removal from any motor vehicle on any road of any hubodometer for the purpose of inspection to determine whether the hubodometer has been modified or tampered with.

(2) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any hubodometer on any motor vehicle on any road, or any hubodometer removed from any such vehicle pursuant to subsection (1), where the authorised officer believes on reasonable grounds that the hubodometer has been modified or tampered with (otherwise than in accordance with section 22A of the Road User Charges Act 1977), or bears a serial number common to any other hubodometer of the same make.

(3) Any authorised officer may seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A of the Road User Charges Act 1977, any licence carried or displayed in or on any motor vehicle on any road, or produced to the authorised officer by any person, where the authorised officer believes on reasonable grounds that the licence has been altered or is expired, invalid, or a forgery.

(4) Where any hubodometer or licence is retained by an authorised officer under this section the operator of the vehicle from which the hubodometer is removed or to which the licence relates may cause the vehicle to be moved for such distance, not exceeding 100 kilometres, as may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and the vehicle shall be deemed for the purposes of the Road User Charges Act 1977 to be fitted with a proper hubodometer or to have a valid licence displayed, or both, as the case may require, while it is being moved as permitted by this section.

(5) Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who fails to comply with or does any act in contravention of any direction given under this section.

(1) The Minister in the case of a Government road, the Agency in the case of a State highway the control of which has not been delegated to a territorial authority under Part 4 of the Government Roading Powers Act 1989, and the territorial authority in the case of any road under its control, may from time to time, by public notice, direct that any heavy traffic, or any specified kind of heavy traffic defined in the notice, shall not proceed between any 2 places by way of any road or roads specified in the notice.

(2) A copy of every notice under this section shall be displayed in at least 1 prominent position on every road to which the notice applies.

(3) Every person commits an offence who contravenes the requirements of any notice under this section unless the person proves that there was no other way reasonably available for the traffic concerned.

(1) Subject to the provisions of this Act or of any other enactment in respect of any of the matters referred to in this subsection, any Minister of the Crown in respect of any roads under his control, or any local authority in respect of any roads under its control, may from time to time make bylaws for any of the following purposes:

• (a) providing for the weighing or measurement of loads of vehicles, or for the computation of the weight or measurement of loads from the cubical or superficial measurements thereof; prescribing what quantity of any material shall for the purpose of such computation be conclusively deemed to be a specified weight or measurement; and providing for the drivers of vehicles giving such information as to the loads thereof and as to the quantity, weight, size, or measurement of the loads, or doing such things for the purpose of enabling the same to be ascertained, as may be requested by any person authorised in that behalf:

• (b) regulating the weights of vehicles or loads that may pass over bridges or culverts:

• (c) prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, and regulating the times at which or the manner in which any vehicles, horses, cattle, sheep, pigs, or other animals may cross or be taken over any bridge or culvert:

• (d) prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles may pass over any such roads; and prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any such road, otherwise than at the times and by the routes so prescribed, except with the permission of the said Minister or of the local authority, as the case may be, and on such conditions as the said Minister or the local authority, as the case may be, thinks fit:

• (dd) prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, or pigs along any road, and requiring that no horses, cattle, sheep, or pigs shall be taken upon or enter any road unless they are confined within a motor vehicle:

• (e) providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic thereon:

• (f) prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road unless the cost of reinstating or strengthening the road, as estimated by the said Minister or the local authority, as the case may be, is previously paid:

• (g) providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur therefrom to any road, bridge, culvert, ferry, or ford:

• (h) providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic:

• (i) prohibiting or restricting absolutely or conditionally any specified class of traffic (whether heavy traffic or not), or any specified motor vehicle or class of motor vehicle which by reason of its size or nature or the nature of the goods carried is unsuitable for use on any road or roads specified in the bylaw:

• (ia) providing that, subject to the erection of the prescribed signs, vehicles on roads designated in the bylaw shall travel in one specified direction only:

• (j) in the case of Ministers of the Crown only, fixing, for the safety of the public or for the better preservation of the road, the maximum speed of vehicles or of specified classes of vehicles on any road:

• (k) prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose shall be deemed for the purposes of the bylaw to be of such class or description as is specified in the bylaw, notwithstanding that the vehicle may belong to any other class or description for any other purpose:

• (ka) prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in one direction to facing or travelling in the opposite direction, or prohibiting vehicles on a roadway, other than vehicles of a class specified in the bylaw, from turning to the right or to the left:

• (kb) prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane specified in the bylaw may be used or any turning movement may be made only by omnibuses, taxis, or vehicles of other specified classes or vehicles carrying specified classes of loads or not less than a specified number of occupants:

• (kc) prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicles, on any specified road during such hours or exceeding such period as may be specified:

• (l) prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.

(2) Any bylaws made under this section may apply generally to all roads under the care, control, or management of the Minister or local authority making the bylaws, or to any specified road, or to any specified part or parts thereof, and may apply to all vehicles or traffic or to any parts thereof, and may apply to all vehicles or traffic or to any specified class or classes of vehicles or traffic, and may operate at any time or at any specified time or times.

(3) All charges, fees, and tolls received by any local authority under this section in respect of any road shall, without any deduction except for the cost of collection, be expended on the maintenance of that road.

(4) A copy of every bylaw made under this section by a local authority shall within one week after the making thereof be sent by the local authority to the Minister of Transport, who may at any time disallow the bylaw or any part thereof under section 74.

(5) Nothing in this section shall apply to any authorised railway or tramway on, over, or across any road, or shall limit any powers of regulating traffic on roads otherwise possessed by the Governor-General, any Minister of the Crown, or any local authority.

(6) The power to make bylaws regulating, controlling, or prohibiting vehicular traffic shall be subject to the provisions of this Act or any other enactment dealing with any specified class or classes of traffic or vehicles.

(6A) Every person who—

• (a) parks in breach of a bylaw of a local authority in any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of the local authority; or

• (b) parks in any other portion of a road in breach of a bylaw of a local authority prohibiting parking for a period in excess of the period fixed by the bylaw—

commits an offence, and (where no penalty is prescribed in respect thereof in the bylaws of the local authority) is liable to a fine not exceeding $20).

(7) In this section and in sections 73 and 74 the expression local authority includes the Agency.

(1) Where any bylaw made under section 72 has special reference to any bridge, a copy of the bylaw or a statement of its effect shall be conspicuously displayed and maintained in a clearly legible condition at each end of that bridge.

(2) Printed copies of all bylaws made under section 72 and having reference to traffic on any road or roads shall be on sale to every person applying for them, at a reasonable charge, at the Government Printing Office in Wellington, in the case of Government roads, and, in the case of other roads, at the principal office of the local authority having control of the roads.

(1) The Minister may at any time, by notice published in the Gazette, disallow, either wholly or in part, any bylaw made by any local authority, whether before or after the commencement of this Act, and relating to any traffic on any road or roads, if in his opinion the subject-matter of the bylaw should not be dealt with otherwise than by this Part or by regulations of general application made under this Act, or if in his opinion the bylaw, in so far as it relates to or may affect any traffic, is unreasonable or undesirable.

(2) On any disallowance under this section the bylaw shall, to the extent to which it is disallowed, be deemed to have been revoked.

(3) Any disallowance under this section shall take effect either on the day of the publication of the notice of disallowance in the Gazette or on such later date as may be specified in that behalf in the notice.

If at any time the Minister has cause to believe that any road is not in a safe condition the Minister may inquire into the circumstances, and if in the Minister's opinion the Agency or the territorial authority in control of the road has not carried out work which the Minister reasonably considers necessary and justified in the interests of public safety,—

• (a) the Minister may in writing advise the Agency or the territorial authority of the need for such work; and

• (b) the Agency, or the territorial authority as the case may be, shall upon being so advised exercise its powers under that Act to remove the cause of danger to public safety.

(1) Without limiting the general power to make regulations conferred by section 199, regulations may be made under that section for all or any of the following purposes, namely:

• (a) providing for minimising the noise and the issue of smoke or fumes from the working of any vehicles:

• (b) restricting or prohibiting the use of vehicles that, owing to defects of construction or to disrepair, are unsuitable for safe use:

• (c) prescribing the affixing of efficient brakes to vehicles:

• (d) prescribing the kinds of lamps that may be carried on vehicles, requiring the carrying of such lamps, and prescribing how and when they are to be used:

• (da) requiring the wearing or use of safety equipment by riders and passengers on vehicles:

• (e) regulating the attaching and use of bells, alarms, reflectors, direction indicators, and other instruments for giving notice of the approach, position, or course of vehicles, or for assisting in their control; prescribing the kinds thereof to be used on different classes of vehicles; and prohibiting the use on any class of vehicle of any bell, alarm, reflector, direction indicator, or other instrument as aforesaid of a kind that is not prescribed for use on that class of vehicle or of a kind that is prescribed for use on any other class of vehicle:

• (ee) prescribing for the safety of the public or of any person matters in relation to the design and construction of motor vehicles manufactured, assembled, or modified in New Zealand and intended to be used on roads, or of any specified classes of such motor vehicles, or of such motor vehicles manufactured, assembled, or modified by any specified classes of persons, or in relation to any components or equipment manufactured in New Zealand for use in motor vehicles:

• (ef) prescribing or authorising the Agency to prescribe or approve matters in relation to the design, construction, equipment, condition, and inspection of vehicles that may be used in connection with transport services or any class of transport services; providing for and regulating the issue, duration, conditions, and revocation of certificates of fitness and permits for such vehicles; and generally prescribing the conditions upon or subject to which they may be used and regulating the use thereof:

• (f) prescribing the maximum weight and the maximum dimensions of any vehicle, and any load thereon, that may be used on any road, the maximum weight that may be transmitted to the road surface by the wheel or wheels on any one axle of a vehicle, and the maximum air pressure of the tyres of any heavy motor vehicle or specified kind of heavy motor vehicle:

• (fa) providing that the local authority or other body or person having the control over any road may declare the road or part thereof to be a construction zone for the purposes of the regulations, prescribing the signs to be erected in such construction zones, and providing for the exemption from the provisions of any regulations made under this Act of specified classes of motor vehicles while used within such construction zones:

• (fb) prescribing requirements as to devices, fittings, or equipment to be incorporated in the construction of, fitted to, or carried on motor vehicles or any specified class of motor vehicles, or to be used by the driver of or any person in or on a motor vehicle or any specified class of motor vehicles; and any such regulations may—

  • (i) prescribe, or authorise the Agency to prescribe, standards, specifications, or codes of practice for any such device, fitting, or equipment, or class thereof (whether such standards, specifications, or codes of practice are prescribed in relation to the device, fitting, or equipment as such or in relation to the function of that device, fitting, or equipment):

  • (ii) require the approval of the Agency to be obtained, in such way as may be prescribed, for any such device, fitting, or equipment, or class thereof, to be incorporated in, fitted to, or carried on a motor vehicle, or used by the driver of or any person in or on a motor vehicle:

• (fc) empowering the Agency to order any—

  • (i) manufacturer of a vehicle or agent of the manufacturer; or

  • (ii) importer of a vehicle; or

  • (iii) person or organisation responsible for certifying that a vehicle complies with any requirement as to devices, fittings, or equipment that is prescribed under this Act; or

  • (iv) any other person responsible for the presence of a vehicle on a road—

  to recall a specified vehicle or component or vehicles or components of a specified class where the vehicle or component or class of vehicles or components does not comply with any requirement as to devices, fittings, or equipment that is prescribed for vehicles or components of the same class by regulations made under this Act; and empowering the Agency to impose requirements for the purpose of ensuring that such vehicles and components comply with the relevant prescribed requirements:

• (fd) requiring vehicle identification numbers to be assigned to motor vehicles being operated in New Zealand; and—

  • (i) prescribing requirements relating to vehicle identification numbers or requiring compliance with any standard specified in the regulations, or both; and providing for the manner in which such numbers are to be assigned:

  • (ii) empowering the Agency to prescribe, by notice in the Gazette, a standard with which vehicle identification numbers must comply, including (but not limited to) the manner in which such numbers are to be affixed to vehicles:

  • (iii) requiring importers and manufacturers of motor vehicles to furnish to the Agency such information relating to vehicle identification numbers as may be prescribed:

  • (iv) empowering the Agency to authorise persons to carry out inspections of motor vehicles for the purpose of ensuring that vehicles comply with regulations made under this paragraph:

  • (v) exempting or empowering the Agency to exempt, upon and subject to such conditions as may be prescribed in the regulations, vehicles of any class from any requirements imposed by or under regulations made under this paragraph:

• (fe) prescribing offences relating to—

  • (i) the removal, erasure, alteration, defacing, obscuring, destruction, or obliteration of vehicle identification numbers, engine numbers, or chassis numbers:

  • (ii) the affixing to any motor vehicle of a vehicle identification number, engine number, or chassis number that has been assigned to another vehicle or not lawfully assigned:

  • (iii) the selling or offering for sale of any motor vehicle without a vehicle identification number, engine number, or chassis number, or any motor vehicle on which that number has been unlawfully erased, altered, defaced, obscured, destroyed, or obliterated:

• (ff) requiring specified vehicle characteristics to be recorded by any person carrying out an inspection for the issue of a warrant of fitness or certificate of fitness; and requiring such information to be transmitted to the Agency:

• (fg) [Repealed]

• (g) providing for the periodical or other examination of motor vehicles and the issue of warrants of fitness, certificates of fitness, certificates of loading, and permits by the Agency, local authorities, or persons approved by the Agency; prescribing fees or maximum fees or authorising the charging of reasonable fees in respect of such examinations (and different fees may be prescribed or provided for in respect of different circumstances and different testing authorities); providing for the electronic transmission of information relating to such examinations; prescribing the persons to whom any fees are to be paid; providing for the refund or waiver of any fee payable under this Act in respect of an approval that authorises a person to issue warrants of fitness or certificates of fitness, in whole or in part, in any specified case or class of cases; and exempting specified motor vehicles or classes of motor vehicles from the provisions of the regulations:

• (ga) providing for or requiring any person or organisation approved for the purpose by the Agency to issue in respect of any vehicle a certificate as to its vehicle identification number, chassis number, other identifiers, and details of any warrant of fitness, certificate of fitness, or any permit or authority issued in respect of the vehicle by that person or organisation; and providing for the revocation of any such approval; and prescribing or authorising the Agency to prescribe the form of any such certificate:

• (h) requiring any person who sells a motor vehicle intended to be used on the road, or any specified kind of any such motor vehicle, to deliver to the purchaser at the time of the sale a current certificate of fitness or warrant of fitness issued within a specified time before the sale and certifying that the vehicle has been inspected in accordance with the regulations made under this Act and complies with the requirements of the regulations concerning construction, equipment, and condition of motor vehicles:

• (i) limiting the hours during which and regulating the conditions upon or subject to which any person may drive a vehicle not specially designed for the carriage of persons while it is in use for commercial purposes:

• (j) providing for the classification of heavy motor vehicles according to their design, weight, and carrying capacity:

• (ja) prescribing standards, specifications, or codes of practice for building, altering, or maintaining any road, or related property, in the interests of safety:

• (k) providing for the classification of roads with reference to their suitability for use by different classes of heavy motor vehicles:

• (l) [Repealed]

• (m) [Repealed]

• (n) authorising any local authority or other body or person exercising control over any road to prohibit the use thereon of heavy motor vehicles, or of any class thereof, during any specified period or periods:

• (o) for any purpose for which bylaws may be made under section 72:

• (p) fixing, for the safety of the public or the better preservation of roads or the better regulation of traffic on roads, the maximum speeds of vehicles or of specified classes of vehicles on any specified road or in any locality or throughout New Zealand, or the maximum speeds or minimum speeds or both of vehicles on specified classes of roads; and—

  • (i) [Repealed]

  • (ii) [Repealed]

  • (iii) authorising the Agency to grant exemptions relating to speed limits for specified heavy vehicles or classes of heavy vehicles and to impose conditions relating to such exemptions:

• (q) providing for the imposition by local authorities or by other bodies or persons having the control of roads of temporary maximum speed limits for motor vehicles (not exceeding the maximum in that regard for the time being fixed by any Act or regulation) where the local authority or other body or person concerned considers that a temporary risk of danger to the public or of damage to any road exists or is likely to arise, and prescribing the duration of and power to revoke any such temporary speed limit, the procedure for the imposition and notice to the public thereof, the erection of traffic signs in relation thereto, the fines to be imposed (not exceeding $1,000) for the breach of any such speed limit, and such other matters as the Governor-General thinks necessary for the imposition and enforcement of every such temporary speed limit:

• (r) providing for the erection and maintenance of uniform signs, lights, and notices, and the making and maintenance of road markings, for the guidance and direction of persons using roads; prescribing the size, colour, and design of such signs, lights, notices, and road markings, the materials of which they are to be made, and the manner in which and the persons by whom they are to be erected or made and maintained; and requiring local authorities or other persons to erect and maintain such signs, lights, and notices and to make and maintain such road markings or any class thereof; and providing for the phased replacement of uniform signs, lights, and notices:

• (rr) prohibiting or restricting the use of reflective material on signs, hoardings, and similar structures used or intended to be used for the purposes of advertising in such a position that they are likely to reflect the lights of motor vehicles on any road:

• (s) Prescribing the duties and regulating the conduct of persons using roads for any purpose, and, in particular, of persons in charge of or riding in vehicles on roads and of persons in charge of or driving or leading animals on roads:

• (t) providing for the protection of pedestrians on roads:

• (u) providing for the closing by the local authority or other body or person exercising control thereof of roads to ordinary vehicular traffic on the occasion of the holding thereon of vehicle races or trials, or of processions, carnivals, celebrations, sporting events, or other special events, and for the suspension in respect of any road so closed of any provision of this Part or of any regulation or bylaw under this Act relating to vehicular traffic on roads:

  provided that no regulation made under this paragraph shall authorise the closing of any road for more than 12 hours in any period of 24 hours, and no road shall be closed under any such regulation unless at least 28 days' public notice is given by the authority controlling the road of its intention to close the road to ordinary vehicular traffic and calling upon persons affected to lodge objections thereto, and unless reasonable provision is made for vehicular traffic which would otherwise use the road; but nothing in this proviso shall apply with respect to the closing of any road for a period not exceeding 2 hours on the occasion of the holding thereon of any event not amounting to a vehicle race or trial:

  provided further that no road shall be closed pursuant to any regulation made under this paragraph, unless the local authority or other body or person having control of the road is satisfied that the person or organisation promoting the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, has arranged adequate insurance against his or its liability to pay damages to any person in respect of any claim on account of the death of or bodily injury to any person or damage to property where the death or bodily injury or damage results from the holding of the vehicle races or trials, procession, carnival, celebration, sporting event, or other special event, as the case may be, and that, in the case of any vehicle race or trial, the only motor vehicles participating are vehicles in respect of which the accident compensation levy and the indemnity surcharge under Part 6A have been paid for the licensing year then current:

  provided also that no regulation under this paragraph shall in any way restrict the power of the police to maintain public order on roads, or authorise the holding on any road without the appropriate permit therefor of any vehicle race or trial, or procession, carnival, celebration, sporting event, or other special event for which a permit is required under any Act, regulation, or bylaw:

• (v) generally regulating traffic of all classes, whether vehicular, pedestrian, animal, or otherwise, and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road or any specified class of road:

• (w) generally regulating the use of vehicles and prescribing the conditions upon or subject to which they may be used:

• (x) [Repealed]

• (y) [Repealed]

• (z) prohibiting or regulating the driving of loose horses, cattle, sheep, pigs, or other animals along any road at night, being the period commencing half an hour after sunset and ending half an hour before sunrise on the following morning:

• (za) providing for the exemption of any person or vehicle or class of persons or vehicles, from any regulations made for any purpose specified in this subsection, either wholly or partially and either unconditionally or upon or subject to such conditions as may be prescribed by or in accordance with the regulations; and delegating to the Agency or in the case of regulations made under the authority of paragraph (f) or paragraph (fa) delegating to the Agency, the local authority, or the person having control over the road, the power to grant any such exemption.

(2) Without limiting the general power to make regulations conferred by section 199, regulations may be made under that section for the purpose of regulating the fitting, inspection, or repair of alternative fuel systems, or components thereof, in vehicles, and the use of vehicles fitted with such systems, and, without limiting the generality of the foregoing provisions, for all or any of the following purposes:

• (a) prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, that has not been approved for that purpose by the regulations or the Agency (either specifically or as a system or component of a class of systems or components so approved):

• (b) prohibiting the fitting in any vehicle, or in any vehicle of a specified class, of an alternative fuel system, or a component thereof, or the inspection or repair of such a system or component, by a person who has not been authorised for that purpose by the regulations or the Agency (either personally or as a member of a class of persons so authorised):

• (c) requiring the inspection, at specified times, of alternative fuel systems fitted in vehicles, or vehicles of a specified class; providing for the issue by specified persons of certificates to the effect that an alternative fuel system is in a safe and efficient working condition; and prohibiting the use of a vehicle where such an inspection has not been made or such a certificate has not been issued:

• (d) approving, or empowering the Agency to approve (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, alternative fuel systems, and components thereof, and classes of such systems and components, for the purposes of fitting in vehicles:

• (e) authorising, or empowering the Agency to authorise (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, persons or classes of persons, to fit, inspect, or repair alternative fuel systems or components thereof:

• (f) exempting, or empowering the Agency to exempt (by notice in the Gazette), on such terms and conditions as are specified in the regulations or as the Agency thinks fit, any person or vehicle, or class of persons or vehicles, from any of the provisions of regulations made for the purposes specified in this subsection:

• (g) empowering the Agency to revoke or vary (by notice in the Gazette), in whole or in part, any approval, authorisation, or exemption given by the Agency pursuant to regulations made for the purposes specified in this subsection, or the terms and conditions relating thereto.

(3) Any regulations made under paragraph (fb) or paragraph (fd) of subsection (1) may incorporate by reference any standard, specification, or code of practice published by or on behalf of a standards authority in New Zealand or in any other country, and the following provisions shall apply in relation to such standards, specifications, and codes of practice:

• (a) the provisions of any standard, specification, or code of practice incorporated by reference in such regulations shall be deemed to form part of the regulations; and unless otherwise provided in the regulations, every amendment to any such standard, specification, or code of practice shall be deemed to be part of that standard, specification, or code of practice, as the case may be:

• (b) the Agency shall make available for inspection free of charge or purchase at a reasonable price at the head office of the Agency, copies of standards, specifications, and codes of practice, and any amendments thereto:

• (c) no amendment to any such standard, code of practice, or specification shall have effect until it is made available for inspection or purchase in accordance with paragraph (b).

(1) Without limiting the general power to make regulations conferred by section 199, regulations may be made under that section regulating and requiring the fitting and use of seat belts and child restraints in motor vehicles, and, without limiting the generality of the foregoing provisions, for all or any of the following purposes:

• (a) requiring the owners or operators of motor vehicles or specified classes or types of motor vehicles to ensure that the vehicles are fitted with approved seat belts or specified types of approved seat belts and specifying the sitting positions in vehicles where such seat belts shall be fitted:

• (b) exempting owners or operators of specified vehicles or specified classes of vehicles or vehicles used solely for specified purposes from all or any of the requirements of regulations made under paragraph (a):

• (c) requiring the drivers of motor vehicles or specified classes or types of motor vehicles to ensure that the vehicle is fitted with approved seat belts or approved child restraints in specified circumstances when a child or children are being carried in the vehicle:

• (d) exempting any driver or class of driver from the requirements of any regulations made under paragraph (c) in all circumstances or in circumstances specified in the regulations:

• (e) requiring persons of, under, or over a specified age or of or over a specified weight in a vehicle for which a seat belt or child restraint appropriate for that person is provided and available for use to be properly restrained by that seat belt or child restraint while the vehicle is in motion; and imposing duties on drivers of motor vehicles to ensure that children are restrained in accordance with regulations made under this paragraph:

• (f) exempting any person or class of persons from all or any of the requirements of regulations made under paragraph (e) in all circumstances or in circumstances specified in the regulations.

(2) Any regulations made under subsection (1) shall not apply to or in respect of any owner of, or driver or other person in, any motor vehicle that was first registered before 1 January 1955.

The Agency may, by notice in the Gazette, approve seat belts and child restraints (including restraints to be used in conjunction with seat belts) for the purposes of regulations made under this Act, whether by reference to specified standards or otherwise, and subject to such conditions as to fitting, dates of manufacture or purchase, use by persons of, under, or over specified ages or weights, periods of use, and use generally, and otherwise as are specified in the notice.

(1) No person shall manufacture for the purposes of sale or import for sale or sell or offer or expose for sale or have in his possession for the purposes of sale any device or fitting or equipment which is or purports to be for use on or to be fitted to any motor vehicle or bicycle or for use by the driver of or any person in or on a motor vehicle or bicycle, if—

• (a) under any provision of this Act or of any regulations under this Act the device or fitting or equipment is of a kind that requires the approval of the Agency before it is used on or fitted to a motor vehicle or bicycle or, as the case may be, used by the driver of or any person in or on a motor vehicle or bicycle; and

• (b) that approval has not been given.

(2) Notwithstanding subsection (1) and notwithstanding that regulations made under this Act may permit the use of seat belts and child restraints that have not been approved by the Agency, no person shall manufacture for the purposes of sale, import for sale, sell, offer or expose for sale, or have in his possession for the purposes of sale any seat belt or child restraint which is or purports to be for use or fitting in any motor vehicle unless that seat belt or child restraint is for the time being approved by the Agency by notice in the Gazette pursuant to section 77B.

(1) The Agency may, by notice in the Gazette, approve or require the erection, marking, and maintenance, subject to conditions imposed by the Agency, of signs, lights, notices, or road markings for experimental purposes (in this section called experimental signs, lights, notices, and markings) that are in substitution for uniform signs, lights, notices, or road markings provided for or prescribed in regulations made pursuant to section 77(1)(r) or are considered necessary to evaluate possible changes to traffic laws; and may by notice in the Gazette do, in relation to experimental signs, lights, notices, and markings, anything (other than the prescription of offences) that may be done by regulations made pursuant to that section in relation to uniform signs, lights, notices, and road markings.

(2) Every notice given under subsection (1) shall specify—

• (a) the locations or localities in which the experimental signs, lights, notices, or markings are to be used:

• (b) the period within which the experimental signs, lights, notices, or markings are to be used:

• (c) any conditions relating to the experimental signs, lights, notices, or markings imposed by the Authority:

• (d) any equivalent uniform signs, lights, notices, or markings to the experimental signs, lights, notices, or markings.

(3) Every experimental sign, light, notice, or marking shall for all purposes (including offences) be of the same effect as any equivalent uniform sign, light, notice, or marking.

(1) In any case where the Agency gives written permission under any regulations made under this Part for the use on any road of any motor vehicle which, or the load of which, exceeds any maximum dimension prescribed by the regulations, he may, as a condition of that permission, require that the motor vehicle be used only under the supervision of one or more constables or traffic officers who are non-sworn members of the Police and that the person to whom the permission is given pay to the Commissioner such fee as the Commissioner fixes to cover the costs incurred by the Police in providing that supervision.

(2) Any fee payable to the Commissioner under subsection (1) shall constitute a debt due to the Crown and may be recovered accordingly in any Court of competent jurisdiction.

(1) Any employee of the Agency authorised by the Agency, or any constable or any traffic officer (being a traffic officer who is a non-sworn member of the Police) authorised by the Commissioner, may, at any reasonable time,—

• (a) require the owner or person for the time being in charge of any vehicle to which section 79 applies to produce any current certificate of fitness or permit in his possession in respect of that vehicle:

• (b) stop, enter, and inspect any such vehicle while it is in use on any road:

• (c) make any reasonable running test of the vehicle at the expense of the owner:

• (d) require the owner or person for the time being in charge of the vehicle to provide reasonable assistance in the conduct of any such inspection or running test.

(2) Every person commits an offence who—

• (a) obstructs or hinders, or incites any person to obstruct or hinder, any employee of the Agency or any constable or any traffic officer who is a non-sworn member of the Police in the exercise of his powers under subsection (1):

• (b) fails to comply with any requirement under subsection (1).

This Part shall apply to—

• (a) every insurance company which has undertaken insurance business in terms of Part 6 during the period of 12 months that commenced on 1 July 1973:

  provided that this Part shall not apply to any insurance company to which the Minister has, by notice published in the Gazette not later than 31 January 1974, declared that it shall not apply:

• (b) the period of 9 months commencing on 1 July 1973 and ending with 31 March 1974, and every previous period of 12 months commencing on the 1st day of July in any year and ending with the 30th day of June in the following year (every such period being in this Part referred to as a claims year) if, at 1 April 1974, any insurance company to which this Part applies has any outstanding liability under a contract of insurance entered into during the period pursuant to Part 6.

(1) There is hereby established a Motor Vehicles (Third-party Risks) Indemnity Fund (in this Part of this Act referred to as the Fund), which Fund shall be trust money under Part 7 of the Public Finance Act 1989.

(2) There shall be credited to the Fund—

• (a) all money paid into it in accordance with sections 90N and 90P; and

• (b) all interest on money for the time being to the credit of the Fund.

(3) There shall be charged to the Fund all amounts required to be paid thereout in accordance with subsections (3) and (4) of section 90P.

(1) Every owner of a motor vehicle, on making application for a licence for that vehicle pursuant to Part 2, shall pay, in addition to all other amounts payable under this or any other Act, to the Deputy Registrar the indemnity surcharge (if any) prescribed in respect of that motor vehicle pursuant to the provisions of this Part.

(2) No licence shall be issued for any period in respect of any motor vehicle unless and until the prescribed indemnity surcharge (if any) has been paid by or on behalf of the owner.

Every indemnity surcharge payment made by an owner under this Part in respect of any motor vehicle shall enure in favour of the owner thereof for the time being, notwithstanding any change in the ownership of the motor vehicle.

(1) All money received by a Deputy Registrar by way of indemnity surcharge under this Part shall be paid into the Public Account for the credit of the Consolidated Account.

(2) From the amount of every indemnity surcharge so received there shall be deducted such proportion or amount as may from time to time be prescribed in respect of administration expenses, and the residue shall, without further appropriation than this section, be paid into the Fund.

(1) On or before 31 August 1974 each insurance company to which this Part applies shall forward to the Agency in respect of each claims year up to and including the claims year ending with 31 March 1974 a statement showing:

• (a) the details of all claims for which it is or may be liable on 1 April 1974 under a contract of insurance entered into under Part 6 and in respect of which liability for any payment is still outstanding:

• (b) an estimate of the amount which it may be liable to pay in respect of the claims referred to in paragraph (a):

• (c) the details of all claims for which it was liable on 1 April 1974 under a contract of insurance entered into under Part 6, and in respect of which full payment has subsequently been made by the insurance company pursuant to a final settlement or a final determination by a Court of competent jurisdiction.

(2) On or before 28 February 1975, and at the end of each period of 6 months thereafter until all claims made pursuant to all contracts of insurance under Part 6 have been settled, or finally determined by a Court of competent jurisdiction, and paid by the insurance company, each insurance company to which this Part applies shall send to the Agency a further statement containing the details set out in subsection (1).

(3) If in the opinion of the Agency the amount finally paid in respect of any claim reported by an insurance company in accordance with the provisions of this section differs substantially from the estimate given by that insurance company in respect of that claim, the Agency may require the insurance company to explain to his satisfaction the reason for that difference; and, pending such an explanation, payment of any money from the Fund to the insurance company may be withheld to the extent of the amount of that claim, if the Agency thinks fit.

(1) In this section, unless the context otherwise requires,—

(2) When all claims incurred by an insurance company in respect of a claims year have been finally settled, or determined by a Court of competent jurisdiction, and paid by that insurance company, or at such earlier time as the Minister may (by notice in writing to the company) require in relation to a specified claims year, that company shall, as soon as practicable, submit to the Agency an audited statement setting out its income and the payments relating to that year.

(3) Where a statement is submitted to the Agency by an insurance company in accordance with subsection (2),—

• (a) if the statement shows an excess of income over payments and the amount of that excess is greater than 2½% of the premium income for the year to which the statement relates, the amount by which that excess is greater than 2½% of the premium income shall forthwith be paid into the Fund by the insurance company:

  povided that any payment which the insurance company is then entitled to receive from the Fund under the following provisions of this subsection may be set off against any payment which the insurance company is required to make into the Fund under this paragraph:

• (b) if the statement shows an excess of income over payments and the amount of that excess is 2½% or less of the premium income for the year to which the statement relates, no amount shall be paid out of the Fund to the insurance company:

  provided that, if the insurance company, in any other claims year, has made or makes any payments into the Fund pursuant to paragraph (a), an amount not greater than the difference (if any) between the amount of that excess and an amount equal to 2½% of the premium income for the year to which the statement relates shall be paid to the insurance company from any amount derived from those payments and for the time being held in the Fund:

• (c) if the statement discloses an excess of payments over income,—

  • (i) the amount of that excess shall be paid from the Fund to the insurance company; and

  • (ii) if the insurance company, in any other claims year or claims years, has made or makes any payments into the Fund pursuant to paragraph (a), an amount not greater than 2½% of the premium income for the claims year to which the statement relates shall be paid to the insurance company from any amount derived from those payments and for the time being held in the Fund.

(4) If in any claims year the amount in the Fund is insufficient to meet in full the payments to be made thereout under subsection (3), payment for that year shall be made to each insurance company in the proportion which its claim bears to the total claims made. If subsequently, after meeting the claims in any other year, there is a credit balance in the Fund, that balance shall be applied so far as it is available to meet underpayments in previous claims years in chronological order.

(4A) Without in any way derogating from the provisions of this section, where all claims incurred by an insurance company in respect of a claims year have not been finally settled, or determined by a Court of competent jurisdiction, but the payments already made in respect of that year by the company exceed the income of the company in respect of that year,—

• (a) the company may submit to the Agency an audited statement setting out its income and the payments already made by it in respect of that year; and

• (b) there shall be paid from the Fund to the company such part (if any) of the excess of payments over income disclosed in the statement as the Agency, in its absolute discretion, determines.

Any amount paid to the company from the Fund pursuant to paragraph (b) shall be taken into account in any later statement under this section relating to that year.

(5) This section shall apply to every insurance company to which this Part applies, and to every claims year notwithstanding that any insurance company has paid all amounts for which it is liable in respect of that claims year before 1 April 1974.

The Agency may from time to time inspect the accounts relating to any claims year of any insurance company to which this Part applies, and the insurance company shall make available to the Agency all accounts and documents required by him for the inspection.

(1) All money and investments standing to the credit of the Fund are hereby vested in the Accident Compensation Corporation (constituted under the Accident Compensation Act 1972 and continued under the Accident Compensation Act 1982), subject to all liabilities and charges affecting that money and those investments.

(2) The money and investments referred to in subsection (1) shall be applied by the Corporation as if derived from levies paid by motor vehicle owners and drivers of motor vehicles pursuant to sections 47 and 49 of the Accident Compensation Act 1982, and the liabilities and charges of and all claims against the Fund shall be met out of levies paid pursuant to those sections.

(1) Without limiting the general power to make regulations conferred by section 199, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing the amount of the indemnity surcharge to be paid in respect of motor vehicles under this Part:

• (b) prescribing or authorising the Agency to prescribe the forms of notices, accounts, or other forms required in relation to this Part.

(2) Regulations prescribing indemnity surcharges payable for the purposes of this Part may differentiate between different classes of motor vehicles, and may differentiate between motor vehicles, having regard to the purposes for which they are used or are intended to be used.

(1) Any notice required to be given to any person for the purposes of this Act, or any request in writing under section 67, may be given or made by causing it to be delivered to that person, or to be left at his usual or last known place of residence or business or at the address specified by him in any application or other document under this Act, or to be posted in a letter addressed to him at that place of residence or business or address.

(2) If any such notice or request is sent to any person by registered letter, then, unless the contrary is shown, it shall be deemed to have been delivered to him when it would have been delivered in the ordinary course of post, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.

(3) This section shall not apply in respect of an infringement notice or a copy thereof.

(1) Every person commits an offence who fails to comply with any of the provisions of this Act or does any act in contravention thereof.

(1A) [Repealed]

(1B) [Repealed]

(2) [Repealed]

(1) Save where otherwise expressly provided, every offence against this Act or against any regulations or bylaws under this Act shall be punishable on summary conviction.

(2) A District Court presided over by 2 or more Justices of the Peace or 1 or more Community Magistrates shall have jurisdiction in respect of the following offences, not being offences punishable by imprisonment:

• (a) any summary offence under Part 4, Part 5, or Part 9 or under any regulations made under any of those Parts, not being regulations relating to heavy traffic:

• (b) any offence under any bylaw made under section 72.

(1) In any proceedings for an offence punishable on summary conviction against any Act, regulation, or bylaw relating to the use of motor vehicles, the Court may dismiss the information if it is satisfied that the person charged has been prejudiced in his defence by any unreasonable delay in instituting the proceedings or in notifying him of the time, place, and nature of the offence. If any delay in instituting the proceedings has been caused by a change in the address of the defendant, this shall not be deemed to be unreasonable delay for the purposes of this subsection.

(2) Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for an offence against—

• (a) [Repealed]

  Paragraphs (a)–(c) were repealed, as from 30 April 1986, by section 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

• (b) [Repealed]

  Paragraphs (a)–(c) were repealed, as from 30 April 1986, by section 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

• (c) [Repealed]

  Paragraphs (a)–(c) were repealed, as from 30 April 1986, by section 58 Transport (Vehicle and Driver Registration and Licensing) Act 1986 (1986 No 6).

• (d) section 35 (which relates to driving while disqualified or contrary to the terms of a limited licence):

• (e) sections 70B and 70C and 70D (which relate to driving hours and to the keeping of logbooks by certain drivers):

• (f) regulations made pursuant to this Act relating to the issue of installation certificates and inspection certificates for alternative fuel systems.

(1) In all proceedings under this Act, or under any regulation made under this Act, or under any bylaw relating to the use of motor vehicles, for an offence punishable on summary conviction by a fine of an amount not exceeding $500, and whether by way of hearing in the first instance or by way of appeal or otherwise howsoever, the Court may receive as evidence—

• (a) any affidavit filed in the Court by or on behalf of the defendant:

  provided that, except by special direction of the Court, this paragraph shall not apply in any case where it appears to the Court that the deponent's usual place of residence is less than 50 miles by road from the place of hearing:

• (b) any evidence adduced by or on behalf of the defendant that the Court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.

(2) A copy of the Gazette containing any bylaw, appointment, warrant, order, or other act of authority made under this Act shall be evidence in all Courts of the same having been duly made or performed under the authority of this Act.

(1) Notwithstanding any enactment or rule of law, any statement that is made to a constable or traffic officer by the driver of any passenger-service vehicle, any heavy motor vehicle, or any goods-service vehicle used for commercial purposes, that relates to—

• (a) the identity of the employer of that driver; or

• (b) any matter that is or ought to be specified in any logbook—

may be given in evidence by that constable or traffic officer and shall be admissible in evidence in any proceedings for an offence against this Act as evidence of the matters referred to in the statement.

(2) Notwithstanding any enactment or rule of law, a statement that—

• (a) is made by the driver of—

  • (i) a passenger service vehicle; or

  • (ii) a heavy motor vehicle; or

  • (iii) a goods service vehicle used for commercial purposes; and

• (b) is made to an employee of the Agency authorised for the purpose in writing by the Agency; and

• (c) relates to any matter that is or ought to be specified in any logbook—

may be given in evidence by that authorised officer, and shall be admissible in any proceedings for an offence against this Act as evidence of the matters referred to in the statement.

(1) In any proceedings for an offence against this Act or the Road User Charges Act 1977, or any regulations made under this Act or that Act, a document purporting to be issued by an employee of the Agency authorised by the Agency for the purpose, and certified by that person to be a true copy of—

• (a) an application for a road user licence; or

• (b) a road user licence; or

• (c) a certificate or other document issued under this Act or any regulations made under this Act—

shall, in the absence of evidence to the contrary, be sufficient evidence of the facts stated in the copy.

(2) Any employee of the Agency who certifies such a copy as a true copy shall, in the absence of proof to the contrary, be presumed to be authorised to certify it.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) [Repealed]

• (b) [Repealed]

• (c) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof:

• (d) prescribing fines, not exceeding $1,000, for the breach of any regulations made under this Act.

(2) Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of vehicles or harbour ferries or different classes of licensed services, or with respect to the same class of vehicles or harbour ferries or licensed services in different circumstances.

(3) Any regulations made under this Act may apply generally throughout New Zealand, or within any specified part or parts thereof, or to any specified route or routes, and may apply to all vehicles or harbour ferries or traffic, and may from time to time be applied by the Minister, by notice in the Gazette, to any part of New Zealand or to any route or to any class of vehicles or harbour ferries or traffic.