Land Transport Act 1998

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168 Regulations relating to fees and charges for land transport

(1)

Without limiting the generality of section 167(1)(j), regulations may be made under that provision prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes:

(a)

to provide funds for the establishment, maintenance, and operation of facilities, works, goods, and services under the Railways Act 2005, the Government Roading Powers Act 1989, the Land Transport Management Act 2003, this Act, or any other enactment relating to land transport:

(b)

to meet, or assist in meeting, the costs and expenses incurred by the Agency or the Crown in the exercise of functions or powers, or in the performance of duties, or the provision of services under any enactment specified in paragraph (a) or any other enactment relating to land transport:

(c)

to meet, or assist in meeting, the costs incurred by a regional council in processing notifications of the commencement, variation, or withdrawal of exempt services under the Land Transport Management Act 2003.

(2)

Different rates of fees or charges, or both, may be so prescribed or fixed in respect of different classes of persons, vehicles, products, or any other property or item, or on the basis of different times of use, or different distances, or on any other differential basis.

(3)

Regulations under section 167(1)(j) may authorise persons carrying out statutory functions concerning land transport (such as persons issuing evidence of vehicle inspection) to charge a reasonable fee for the service or work performed.

(4)

Any regulation under section 167(1)(j) may—

(a)

specify the persons by whom, and to whom, any fees or charges, or both, are payable:

(aa)

prescribe fees and charges payable, or provide for their fixing (including a means by which they may be calculated and ascertained, or a rate at which they may be calculated or ascertained):

(ab)

provide for the imposition by the person to whom the fees are payable of reasonable charges in connection with the administration of any payment:

(b)

prescribe, or provide for the fixing of, additional fees or charges, or both, for services or work carried out outside normal working hours, at weekends, or on statutory holidays:

(c)

prescribe, or provide for the fixing of, charges for reimbursement of travelling time, accommodation, and other expenses:

(d)

provide for the refund, waiver, or rebate or enabling the refund, waiver, or rebate, of any fee or charge, or both:

(e)

fix, or empower the fixing of, a date by which any fee or charge is to be paid:

(f)

fix, or enable the fixing of, discounts for early payment of any fee or charge, and penalties for late payment:

(g)

prescribe any returns, and the conditions relating to such returns, to be made by persons by whom any fees, charges, or penalties are payable.

(5)

[Repealed]

(6)

[Repealed]

Section 168(1)(a): amended, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).

Section 168(1)(a): amended, on 10 May 2011, by section 88 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 168(1)(a): amended, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).

Section 168(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 168(1)(a): amended, on 1 October 2007, by section 79(1) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 168(1)(a): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 168(1)(a): amended, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

Section 168(1)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 168(1)(c): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

Section 168(1)(c): amended, on 13 June 2013, by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 168(2): amended, on 1 October 2007, by section 79(2) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 168(4)(aa): inserted, on 11 August 2017, by section 99 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 168(4)(ab): inserted, on 11 August 2017, by section 99 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 168(5): repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 168(6): repealed, on 1 August 2012, by section 94 of the Road User Charges Act 2012 (2012 No 1).