(1) Subject to section 7, no person shall operate a motor vehicle (other than an off-road motor vehicle, as defined in section 2) on a road unless—

• (a) there is carried on the motor vehicle in accordance with this Act a distance licence specifying—

  • (i) the number or distinguishing mark shown on the registration plate or plates of the motor vehicle; and

  • (ii) the serial number (if any) of the distance recorder fitted to the motor vehicle; and

  • (iii) the vehicle type number of the motor vehicle; and

  • (iv) such other information as is required to be specified therein by this Act; and

• (b) the gross weight of the motor vehicle is not more than the maximum gross weight specified in that licence; and

• (c) the motor vehicle has attached to it a distance recorder which—

  • (i) is fitted in accordance with the provisions of any regulations made under this Act; and

  • (ii) is of a kind defined in any regulations made under this Act; and

  • (iii) is recording accurately the distance travelled by the vehicle; and

• (d) the reading of the distance recorder is more than the minimum reading, and not more than the maximum reading, specified in that licence.

(2) In this section, road includes the following:

• (a) a street:

• (b) any place to which the public have access, whether as of right or not:

• (c) all bridges, culverts, ferries, and fords forming part of any road, street, or such place.

No person shall operate an off-road motor vehicle (as defined in section 2) on a road unless—

• (a) there is carried on the motor vehicle in accordance with this Act a current time licence specifying—

  • (i) the number or distinguishing mark shown on the registration plate or plates of the motor vehicle; and

  • (ii) the vehicle type number of the motor vehicle; and

  • (iii) such other information as is required to be specified therein by this Act; and

• (b) the gross weight of the motor vehicle is not more than the maximum gross weight specified in that licence.

(1) Where—

• (a) a current distance licence and a supplementary licence are carried on a motor vehicle in accordance with this Act and both licences specify—

  • (i) the number or distinguishing mark shown on the registration plate or plates of the motor vehicle; and

  • (ii) the serial number (if any) of the distance recorder fitted to the motor vehicle; and

  • (iii) the vehicle type number of the motor vehicle; and

  • (iv) such other information as is required to be specified therein by this Act; and

• (b) the maximum gross weight specified in the supplementary licence is greater than the maximum gross weight specified in the distance licence—

the maximum gross weight specified in the distance licence shall be deemed to be increased to the maximum gross weight specified in the supplementary licence during the time that—

• (c) [Repealed]

• (d) the reading of the distance recorder fitted to the motor vehicle is not less than the minimum reading, and not more than the maximum reading, specified in the supplementary licence.

(2) [Repealed]

(1) Every application for a licence for a motor vehicle shall—

• (a) be in a form provided for the purpose by the chief executive; and

• (b) contain such information as is prescribed by regulations made under section 24.

(2) Without limiting subsection (1)(b), any such regulations may—

• (a) specify the persons who are entitled to make applications and hold licences:

• (b) require an applicant to furnish the chief executive with a completed bank authority, on a form provided by the chief executive or by a bank, directing a specified bank to effect an automatic transfer of funds to a Crown Bank Account, where an applicant wishes to make payments under this Act in that manner:

• (c) prescribed the manner of calculating the distance to which the licence relates, in the case of a distance licence.

(3) In every application under this section for a distance licence for a motor vehicle, the minimum reading to be specified in the licence shall not be greater than the maximum reading specified in the last properly issued licence for that vehicle. Where an application for a distance licence is made in contravention of this subsection, the amount arrived at by multiplying the distance in kilometres by which the minimum reading was overstated by the road user charge per kilometre for that licence shall, until paid in full to, or remitted by, the chief executive, constitute a debt to the Crown by the applicant for the licence, and may be recovered accordingly in any court of competent jurisdiction.

(1) Subject to subsection (3) and to any regulations made under this Act, every application under section 8 for a licence shall be accompanied by the appropriate road user charge for that licence calculated in accordance with Schedule 3 together with the prescribed administration fee.

(2) Subject to subsection (3), where a licence is issued under this Act, the amount of the appropriate road user charge for the licence and the prescribed administration fee shall, until paid in full to the Registrar or the chief executive, constitute a debt due to the Crown by the applicant for the licence, and may be recovered accordingly in any court of competent jurisdiction.

( 3) Where the chief executive is of the opinion, after considering the road wear that is likely to be caused by the vehicle to which the licence relates, that a road user charge calculated in accordance with Schedule 3 is excessive in respect of any particular licence, he may, in his absolute discretion, remit part of the charge; and if the full charge has been paid may cause the part remitted to be refunded to the applicant for the licence.

(1) Every licence shall be in the prescribed form and colour and contain the prescribed information.

(2) No licence shall relate to more than 1 vehicle.

(3) Licences may be issued—

• (a) by the chief executive in such manner as he or she thinks fit:

• (b) by such persons (whether or not employed in the Ministry of Transport) and in such manner as the chief executive may authorise in that behalf.

(4) Without limiting subsection (3), the chief executive may authorise any employee or agent of any such authorised person to issue licences.

(5) Any person authorised by or under this section to issue licences may issue, in a form prescribed by the chief executive, proof of purchase of a licence.

(6) The chief executive or any other person authorised to issue licences may decline to issue a licence in any case where—

• (a) the applicant has an outstanding debt under this Act; or

• (b) the weight specified in the application is less than the tare weight of the vehicle for which the licence is sought; or

• (c) by virtue of regulations made under section 24, the applicant is not entitled to hold a licence.

(7) Where the applicant has a history of failing to pay the appropriate road user charge or the prescribed administration fee, or both, when making an application for a licence, the issue of a licence may be made conditional on the payment in cash of the amounts due or the giving of an appropriate security in respect of those amounts.

(1) Any person who sells a motor vehicle to which this Act applies shall deliver to the purchaser on or before the date of delivery of the vehicle a licence that will be current when the vehicle is delivered.

(2) This section is in addition to, and not in substitution for or in derogation of, any provision in any other enactment that requires a person to produce any other document before the sale of the vehicle.

Where an issuing officer is satisfied that a mistake has been made by an issuing officer in the issue of a licence, he may, upon receipt of the licence, cancel the licence and issue in its place a new licence containing the correct information.

(1) Where a supplementary licence is issued and the maximum gross weight specified in a distance licence is deemed to be increased to the maximum gross weight specified in the supplementary licence by virtue of section 7, the chief executive shall, as soon as practicable after the issue of the supplementary licence, refund or cause to be refunded to the applicant for the supplementary licence a refund calculated in accordance with subsection (2).

(2) For the purposes of subsection (1), the refund of a road user charge shall be the amount arrived at by multiplying the distance in kilometres common to both licences by the road user charge per kilometre for the distance licence.

(1) Where 2 current distance licences that relate to the same motor vehicle both apply to a common distance and the maximum gross weight specified in the licence issued last is greater than or equal to that specified in the licence issued first, the chief executive shall, as soon as practicable after the issue of the licence issued last, refund or cause to be refunded to the applicant for the licence issued last a refund calculated in accordance with subsection (2).

(2) For the purposes of subsection (1), the refund of a road user charge shall be the amount arrived at by multiplying the distance in kilometres common to both licences by the road user charge per kilometre for the licence issued first.

(3) No refund of a road user charge shall be made under this section after the expiry of 2 years from the date of issue of the distance licence issued first, unless—

• (a) the distance licence issued last is issued before the expiry of that 2-year period; or

• (b) the chief executive otherwise determines, in any particular case.

(1) Where a distance recorder fitted to a motor vehicle has recorded distance travelled by the motor vehicle while not on a road and—

• (a) a distance licence relating to the motor vehicle was current at the time; or

• (b) a debt is constituted under section 8(3) and a distance licence relating to that motor vehicle was not required at the time,—

application may be made (after the expiry or surrender of the licence where applicable) to the chief executive for a refund or remission of the appropriate portion of the road user charge paid or debt incurred in respect of the licence.

(2) Every application under subsection (1) shall be in a form prescribed by the chief executive, and shall contain such information as the chief executive requires to substantiate the application and enable the refund or remission to be made.

(3) The chief executive shall, as soon as practicable after being satisfied as to the accuracy of the application, refund or remit, or cause to be refunded or remitted, the appropriate portion of the road user charge paid or debt incurred.

(4) For the purposes of subsection (1)—

• (a) the proportion of a road user charge to be refunded shall be the proportion arrived at by dividing the distance recorded by the distance recorder while the motor vehicle was not on a road by the distance to which the distance licence relates; and

• (b) the proportion of a debt to be remitted shall be the proportion that relates to the distance travelled while not on a road.

(5) No refund of a road user charge shall be made under this section after the expiry of 2 years from the date of issue of the distance licence, unless the chief executive otherwise determines in any particular case.

(1) Where—

• (a) a motor vehicle to which a current licence relates is destroyed or becomes permanently useless as a motor vehicle or is removed permanently beyond New Zealand and the vehicle's registration plates have been surrendered to the Registrar of Motor Vehicles; or

• (b) [Repealed]

• (c) the chief executive is satisfied, in respect of a current licence relating to a motor vehicle, that—

  • (i) a mistake has been made in the application for the licence and a replacement licence has been purchased;

  • (ii) [Repealed]

  • (iii) [Repealed]

  • (iv) the distance recorder, or a registration plate, specified in the licence has been removed from the motor vehicle and a replacement licence has been purchased; or

  • (v) [Repealed]

• (d) the chief executive in his absolute discretion is satisfied, in respect of a licence relating to a motor vehicle, that for any other reason this section should apply—

the chief executive shall, as soon as practicable after application to surrender the licence is made to him in accordance with this section, refund or cause to be refunded to the applicant a proportion (calculated in accordance with subsection (3)) of the road user charge paid in respect of the licence.

(2) Every application under this section shall be in a form provided for the purpose by the chief executive and shall contain such information as the chief executive considers necessary to enable the refund to be made in accordance with this section. Every application under paragraph (c) (except subparagraph (ii)) or paragraph (d) of subsection (1) shall be accompanied by the licence.

(3) For the purposes of subsection (1), the proportion of a road user charge to be refunded shall be—

• (a) in the case of a distance licence or a supplementary licence, the proportion arrived at by dividing the difference between the maximum reading specified in the licence and the reading of the motor vehicle's distance recorder at the time of application by the distance to which the licence relates:

• (b) in the case of a time licence, the proportion arrived at by dividing the number of whole months between the time of application and the end of the period to which the licence relates by the total number of whole months to which the licence relates.

(4) No refund of a road user charge shall be made under this section after the expiry of 2 years from the date of issue of the licence in respect of which the application is made, unless—

• (a) the application is made to the chief executive before the expiry of that 2-year period; or

• (b) the chief executive otherwise determines, in any particular case.

(1) The chief executive may at any time, whether before or after a refund or remission is made in accordance with section 14, section 15, section 16, or section 17, require the applicant to produce for inspection any books or records in the applicant's possession or over which the applicant has control which the chief executive considers relevant in relation to the refund or remission.

(2) The chief executive may take extracts from or make copies of any books or records so produced.

(3) The chief executive may require verification of any information contained in books or records furnished under this section, and may decline to act on any information that is not verified to his or her satisfaction or recover any refund or cancel any remission granted in reliance upon incorrect or unverified information.

Notwithstanding any other provision of this Act,—

• (a) no refund of an amount less than $2 shall be made under Part 1:

• (b) in calculating the amount of a refund payable in respect of a licence under any provision of Part 1, the chief executive shall make due allowance for any refund paid or payable in respect of that licence under any other provision of Part 1:

• (c) in calculating the amount of a refund payable in respect of a licence under any provision of Part 1, the chief executive shall make due allowance for any debt due by the applicant under any other provision of Part 1:

• (ca) where the refund payable is less than $5,000, the refund shall be credited to the operator's road user charges account unless—

  • (i) the account is to be closed; or

  • (ii) the operator requests that the refund be paid directly to the operator:

• (cb) where an application for a refund under Part 1 is based in whole or in part on an alleged hubodometer failure,—

  • (i) the chief executive may, by notice in writing, require the operator to produce the hubodometer for inspection at a place appointed for the purpose by the chief executive; and

  • (ii) no refund shall be made in respect of the alleged hubodometer failure if the hubodometer is not so produced within 3 months after the date of the making of the application:

• (d) all money refunded in error, whether of fact or of law, under any provision of Part 1, shall be recoverable by the chief executive under paragraph (c), or by action at law as a debt due to the Crown:

• (e) if a refund must be calculated by reference to the road user charge per kilometre for the licence and that rate of charge has been altered in the period between the time the licence was purchased and the time of making the application for a refund, the refund must be calculated by reference to the rate of charge that applied at the time the licence was purchased.

(1) A District Court Judge may, on the application of the chief executive, hold an inquiry into the number and kind of licences that ought to have been obtained under this Act—

• (a) during a period specified in the application (being a period commencing not earlier than 6 years before the date of the application); and

• (b) for motor vehicles specified in the application (being motor vehicles that the chief executive believes were owned during the whole or any part of the period by a person specified in the application).

(2) The chief executive shall not make an application to a District Court for the purposes of subsection (1) unless he or she considers that it is likely that all the appropriate licences that ought to have been obtained during the period, and for the motor vehicles, specified in the application were not so obtained.

(3) The chief executive may, in an application to a District Court Judge for the purposes of subsection (1), specify any convictions relating to offences under section 23 that have, during the period of 6 years immediately preceding the date of the application, been entered against the person specified in the application.

(1) For the purposes of any inquiry under section 18A, the District Court Judge may, of his own motion or on application, by written notice served on the person,—

• (a) summon before him any person or persons (including, where the inquiry relates to a body corporate, any director or employee of the body) to give evidence; and

• (b) require any person to produce for the inspection of the Judge, or of any other person authorised by the Judge for this purpose, any books, papers, accounting records, or other documents, or things, that are relevant to the inquiry.

If any District Court Judge is satisfied that any person who has been summoned under paragraph (a) will not attend to give evidence without being compelled to do so, he may issue a warrant (in the same form, with all necessary modifications, as is prescribed for the purposes of section 20(4) of the Summary Proceedings Act 1957) for the attendance of that person at the inquiry.

(2) At any inquiry under section 18A,—

• (a) the District Court Judge may examine on oath any person; and for that purpose the Judge or a Registrar of a court may administer an oath; and

• (b) the District Court Judge may receive as evidence any statement, document, information, matter, or thing, that in his opinion may assist him to deal effectively with the subject of the inquiry, whether or not it would ordinarily be admissible as evidence; and

• (c) the chief executive, and the person specified in the chief executive's application under section 18A, may each be represented by a counsel or agent; and

• (d) the chief executive and the person specified in the chief executive's application, or any counsel or agent representing them, may examine, cross-examine, and re-examine, in accordance with the ordinary practice, any person summoned pursuant to subsection (1).

(3) Every inquiry under section 18A shall take place in chambers and at such time or times as the District Court Judge determines.

(4) The statement of every person examined under this section shall be taken down in writing, and signed by him in the presence of the District Court Judge, and copies thereof shall be delivered to the chief executive and to the person specified in the chief executive's application. The statement shall not form part of the records of the court.

(5) No person examined under this section shall be excused from answering any question on the ground that the answer may incriminate him or render him liable to any penalty.

(6) No statement made by any person in answer to any question put to him in examination under this section, or document or thing produced pursuant to a requirement under this section, shall in criminal proceedings be admissible in evidence against him, except upon a charge of perjury against him in respect of his testimony upon that examination.

(7) A District Court Judge may, for the purpose of assisting him in the exercise of his powers under section 18C, appoint any Registrar of a court, chartered accountant, or other person or persons to inspect documents and things produced pursuant to a requirement under subsection (1)(b) and consider statements made during the inquiry, and to report to him thereon.

(8) A District Court Judge may order that any costs (or such part thereof as is specified by the Judge) incurred by—

• (a) the chief executive; or

• (b) the person specified in the chief executive's application; or

• (c) any person summoned, or required to produce a document or thing, under this section,—

in respect of an inquiry to which this section relates, shall be paid by the chief executive or the person specified in the chief executive's application, or both (in proportions specified by the Judge); and in any such case the costs so awarded shall be recoverable as a debt due by the person against whom they have been awarded to the person in whose favour they have been awarded.

(1) Where, after holding an inquiry under section 18A and considering any reports obtained pursuant to section 18B(7), a District Court Judge considers, on the balance of probabilities, that all the appropriate licences that ought to have been obtained for the motor vehicles specified in the chief executive's application during the period, and while they were owned by the person, so specified were not obtained, he may make an assessment of the amount of road user charges that in his opinion ought to have been, but were not, paid to the Crown in respect of those motor vehicles while they were owned by that person during that period.

(2) In giving reasons for an assessment under this section a District Court Judge need not indicate how the assessment is calculated or what licences he considers ought to have been obtained.

(3) Every assessment made by a District Court Judge under this section shall be delivered by him in open court.

(4) A District Court Judge may, when delivering an assessment, state the date from which the amount of the assessment shall be payable to the chief executive pursuant to subsection (5), which date may be earlier than the date the assessment is so delivered.

(5) Where a District Court Judge makes an assessment under this section, the amount of the assessment shall, from the date the Judge delivers his assessment (or such other date, if any, as the Judge specifies pursuant to subsection (4)), be payable to the chief executive by the person specified in the chief executive's application under section 18A; and, until paid in full to the chief executive, the amount shall constitute a debt due to the Crown by the person and may be recovered accordingly in any court of competent jurisdiction.

A District Court Judge may, instead of holding an inquiry and making an assessment under sections 18A and 18C, make an assessment by consent of the chief executive and the person specified in the chief executive's application under section 18A, and subsections (2), (3), (4), and (5) of section 18C shall apply to the assessment by consent accordingly.

(1) Every licence shall be carried on the vehicle to which it relates or a vehicle attached to that vehicle and shall be displayed, in an upright and conspicuous position, as follows:

• (a) in the case of a motor vehicle fitted with a windscreen, the licence shall be displayed behind the windscreen on the passenger side so that the side of the licence displaying the number or distinguishing mark shown on the registration plate or plates of the motor vehicle faces towards the foremost part of the motor vehicle and is easily visible from outside it:

• (b) in the case of a motor vehicle not fitted with a windscreen, the licence shall be displayed either—

  • (i) behind the windscreen of a motor vehicle to which the vehicle is attached, as prescribed in paragraph (a); or

  • (ii) at the front of the left side of the vehicle—

  so that the side of the licence displaying the number or distinguishing mark shown on the registration plate of the vehicle is easily visible from outside the vehicle.

(2) Every licence required to be carried and displayed pursuant to subsection (1) shall be produced by the driver or person in charge of the vehicle to which it relates forthwith on demand by a constable or traffic officer or any officer of the Ministry of Transport acting under a delegation from the chief executive.

(3) Where a licence has been issued to an operator but the licence has not been received by the operator, the following provisions shall apply:

• (a) until the close of 7 days after the date on which the licence is issued, a facsimile copy of the licence in the prescribed form shall be sufficient evidence of the issue of the licence:

• (b) an enforcement officer may accept some other form of proof of the issue of a licence during the period referred to in paragraph (a), being a form of proof approved by the Secretary.

(4) A road user charges label in the prescribed form and containing the correct details in respect of a licence shall be proof of purchase of a licence.

(1) The Governor-General may from time to time, by Order in Council, reduce or increase any or all of the rates of road user charges specified in Schedule 3.

(1A) An Order in Council made under this section that increases all or any of the rates of road user charges specified in Schedule 3 comes into force 42 days after the date of its notification in the Gazette, or on any later date that may be specified in the order.

(2) Every Order in Council made under this section shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which it is made.

(3) Every Order in Council made under this section shall,—

• (a) where the Order in Council is made on or before 30 June in any year, expire on the close of 31 December of that year except so far as it is expressly validated or confirmed by Act of Parliament passed during that year; and

• (b) where the Order in Council is made on or after 1 July in any year, expire on the close of 31 December in the following year except so far as it is expressly validated or confirmed by Act of Parliament passed before the end of that following year.

(4) If any Order in Council or any provision of any Order in Council expires by virtue of subsection (3), the road user charge rate or rates altered by that Order in Council or provision shall, from the expiry of that Order in Council or provision and until it is or they are again altered, be the same as it was or they were immediately before that Order in Council or provision came into force.

(5) If any Order in Council or any provision of any Order in Council expires by virtue of subsection (3), any charges collected under that Order in Council or provision in excess of the charges otherwise payable shall, except so far as any other provision is made by an Act of Parliament in respect thereof, be refunded upon application made to the chief executive.

(6) Every application under subsection (5) shall be in a form provided for the purpose by the chief executive, and shall contain such information as the chief executive considers necessary to enable the refund to be made in accordance with this section.

(7) The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming any Orders in Council pursuant to subsection (3) shall not, unless there is any express provision to the contrary, affect the validity or confirmation of those Orders in Council.

(1) This section applies if a road user charge rate specified in Schedule 3 is increased under section 20 or by any other Act.

(2) Despite any other provision of this Act, a distance licence or supplementary licence for a motor vehicle whose gross laden weight is more than 3.5 tonnes issued before the increase comes into force is no longer valid after the expiry of 1 month from the date of the increase.

(1) Subject to subsection (3), if any debt due to the Crown by virtue of this Act (being a road user charge, administration fee, assessment under section 18C or section 18D, amount payable under section 8(3), or part thereof) is not paid to the Crown within 3 months of the date it first becomes due, an amount calculated in accordance with subsection (2) shall be added to the debt by way of an additional charge and may be recovered accordingly by the Crown from the person who owed the debt in any court of competent jurisdiction.

(2) For the purposes of subsection (1), an additional charge shall be an amount equal to 10% of the debt.

(3) On written application for relief made by or on behalf of any person who has become liable under this section for the payment of any additional charge, the chief executive, if having regard to the circumstances of the case he thinks it equitable to do so, may grant relief to the person—

• (a) by the remission of the whole or any part of the additional charge; or

• (b) where the additional charge has been paid in whole or in part, by the refund to the person of the whole or any part of the additional charge that has been paid, with or without the remission of any part of the additional charge that has not been paid.

(4) Any amount imposed by way of additional charge under this section shall be in addition to any other penalty to which the person may be liable.

(5) For the purposes of this section, the expression month means the period commencing on the first business day in any calendar month and ending with the close of the last business day of that month.

(6) In subsection (5), the expression business day means any day that is not a Saturday, Sunday, or public holiday.

All road user charges (excluding applicable refunds, and goods and services tax payable under the Goods and Services Tax Act 1985), any additional charges under section 21A, and any assessments under section 18C or 18D must be paid into a Crown Bank Account and treated as land transport revenue.

(1) This section applies to amounts that are received under this Act and that are not referred to in section 22.

(2) Amounts to which this section applies must be paid to the relevant prescribed recipient.

(3) However, if there is no prescribed recipient to whom any amounts to which this section applies must be paid, those amounts must be paid into a Crown Bank Account.

(4) For the purposes of this section, prescribed recipient means the person who is specified in regulations made under this Act or any other enactment as the person to whom any amounts to which this section applies are payable.

(1) No person shall, without the written consent of the chief executive, fit a hubodometer to a motor vehicle for the purposes of this Act, if he knows or ought to know that the hubodometer has previously been fitted to the motor vehicle and that motor vehicle has been operated after the removal, loss, or displacement of the hubodometer from the motor vehicle.

(2) No person shall, without the written consent of the chief executive, fit a hubodometer to a motor vehicle for the purposes of this Act, if he knows or ought to know that the hubodometer has previously been fitted to another motor vehicle for the purposes of this Act and that the other motor vehicle is still registered under Part 17 of the Land Transport Act 1998.

(3) No person, other than the manufacturer thereof or a person approved in writing for this purpose by the chief executive, shall repair or modify or attempt to repair or modify, or in any way tamper with any part of, a hubodometer of a kind that may be fitted to a motor vehicle for the purposes of this Act.

(4) Any consent or approval given by the chief executive for the purposes of this section may be given on such terms and conditions as the chief executive thinks fit; and may at any time be varied or revoked by the chief executive by notice in writing to the person.

(1) Hubodometers shall be registered with the Ministry of Transport in accordance with this section.

(2) No person shall sell a hubodometer if that person knows or ought to know that the make and serial number of the device are not registered with the Ministry of Transport.

(3) Applications for registration under this section shall be in a form approved for the purpose by the chief executive.

(4) In any case where a hubodometer is required to be registered, the chief executive shall—

• (a) cause a unique identifier to be assigned to the hubodometer; and

• (b) cause a label bearing that identifier to be affixed to the hubodometer to seal the device.

(5) For the purposes of this section, sell includes supply for the purposes of fitting to a vehicle.

(1) An authorised enforcement officer or a person authorised by the chief executive may—

• (a) remove, or require the removal of, any hubodometer from any motor vehicle on any road for the purpose of determining whether the hubodometer has been tampered with or modified:

• (b) seize and retain for the purposes of any criminal proceedings, or any proceedings under section 18A,—

  • (i) any hubodometer on any motor vehicle on any road, or any hubodometer removed from a vehicle under paragraph (a), if the authorised enforcement officer or authorised person believes on reasonable grounds that the hubodometer—

    • (A) has been tampered with or modified (otherwise than in accordance with section 22A); or

    • (B) bears a serial number common to any other hubodometer of the same make:

  • (ii) any licence carried or displayed in or on any motor vehicle on any road, or produced to the authorised enforcement officer or authorised person by any person, if the authorised enforcement officer or authorised person believes on reasonable grounds that the licence has been altered, is expired, is invalid, or is a forgery.

(2) If a hubodometer or licence is retained by an authorised enforcement officer or authorised person under subsection (1),—

• (a) 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 a distance, not exceeding 100 kilometres, that may be necessary for the purpose of obtaining a replacement hubodometer or licence, or both; and

• (b) the vehicle is to be treated as being fitted with a proper hubodometer or to have a valid licence displayed or both (as the case may be) while it is being moved.

(3) 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.

(4) For the purposes of this section, enforcement officer has the same meaning as in section 2(1) of the Land Transport Act 1998.

(1) Subject to subsections (3), (3A), (3B), (3C), and (4) but without limiting subsection (2), every person who—

• (a) operates a motor vehicle on a road in contravention of section 5 or section 6; or

• (b) subject to section 7(2), alters or defaces any licence; or

• (ba) contravenes section 10A; or

• (c) operates on a road any motor vehicle bearing a licence that has been altered or defaced or that is in any way obscured or not easily distinguishable; or

• (ca) operates on a road any motor vehicle for which a licence is required that does not have such a licence displayed as required by section 19; or

• (d) displays or causes to be displayed on any motor vehicle anything (not being a licence) that is likely to be mistaken for a licence; or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or

• (e) operates any motor vehicle that has displayed on it anything (not being a licence) that is likely to be mistaken for a licence, or any licence that is not current (other than a licence that immediately precedes, or immediately follows, the current licence) or is no longer valid or that does not relate to the motor vehicle; or

• (ea) fails without reasonable excuse to comply with any requirement made under section 17A(1); or

• (eb) fails to produce any licence when required to do so under section 19(2); or

• (f) makes any application under this Act that he knows or ought to know is incorrect in a material particular; or

• (fa) contravenes section 22A or section 22B; or

• (faa) operates a motor vehicle to which this Act applies with a hubodometer purchased on or after the commencement of this paragraph, unless the hubodometer is sealed in accordance with section 22B(4); or

• (fb) operates a motor vehicle to which this Act applies which is fitted with a hubodometer which is designed for a tyre size other than that on the wheel to which the hubodometer is fitted unless the prior written approval of the Secretary for Transport is obtained; or

• (fc) operates a motor vehicle on a road in circumstances in which the operator of the vehicle knew or ought to have known that the hubodometer fitted to that vehicle has been damaged in a manner that affects its accuracy, or has been tampered with, or has been modified or repaired other than as permitted under this Act; or

• (g) alters or wilfully damages any distance recorder fitted to a motor vehicle to which this Act applies—

commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $3,000.

(1A) Without limiting subsection (1), every person who contravenes section 22A or section 22B with the intention of avoiding any liability of that person or any other person under this Act commits an offence against this Act and is liable on summary conviction to a fine not exceeding $15,000.

(2) Subject to subsections (3), (3A), (3B), (3C), and (4) but without limiting subsection (1), where—

• (a) a motor vehicle is operated on a road in contravention of section 5 or section 6; or

• (b) an application for a licence for a motor vehicle is made that is incorrect in a material particular—

the owner of the motor vehicle commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $15,000.

(2A) It shall be a defence in proceedings for an offence against paragraph (d) or paragraph (e) or paragraph (eb) of subsection (1) if the defendant produces proof of purchase of a licence under section 10(5).

(3) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road without the appropriate distance licence or supplementary licence if the defendant proves that—

• (a) it was not possible to obtain the licence at any time during the period between the time when the need for the licence was reasonably foreseeable by the defendant or any employee or agent thereof, and the time when the alleged offence was committed; and

• (b) an appropriate licence covering the distance for which the motor vehicle was on a road in contravention of this Act was obtained for the motor vehicle forthwith after the commission of the alleged offence.

(3A) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the reading of the distance recorder is more than the maximum reading specified in the licence displayed in the vehicle at the time of the offence, if the court is satisfied that—

• (a) the reading of the distance recorder did not exceed by more than 500 kilometres that maximum reading; and

• (b) the gross weight of the motor vehicle was not more than the maximum gross weight specified in that licence; and

• (c) as soon as reasonably practical after the offence was drawn to the attention of the defendant, a further licence was purchased specifying not less than the maximum gross weight of the motor vehicle and for a distance of not less than the amount by which the reading of the distance recorder exceeded the maximum reading of the licence displayed in the vehicle at the time of the offence.

(3B) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the gross weight of that motor vehicle is more than the maximum gross weight specified in the licence carried or displayed on that motor vehicle, if the court is satisfied that, having regard to the maximum gross weights specified in the licences carried or displayed on any other attached vehicles, and to the actual gross weights of those attached vehicles, sufficient payment has been made in total to cover the charges that apply for the actual loadings on the individual vehicles at the time of the offence.

(3C) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road when the distance licence carried or displayed on the motor vehicle specifies the wrong vehicle type number of that motor vehicle if the defendant proves that—

• (a) the vehicle was fitted with a lifting axle which was not transmitting a portion of the weight of the vehicle to the roadway at the time of the offence; and

• (b) the vehicle was unladen, except for normal operating gear; and

• (c) the lifting axle was capable of being altered by the fitted device so as to transmit to the roadway a portion of the weight of the vehicle; and

• (d) if the lifting axle had been transmitting a portion of the weight of the vehicle to the roadway at the time of the offence, the vehicle type number specified on the licence would have been correct for the motor vehicle.

(3D) For the purposes of subsection (3C), a lifting axle is an axle which is fitted with a device to alter the distribution of weight between the axles of a heavy motor vehicle.

(4) It shall be a defence in proceedings for an offence of operating a motor vehicle on a road without a proper working distance recorder if the defendant proves that—

• (a) a distance recorder was fitted to the motor vehicle at the time; and

• (b) it was not possible to obtain and fit a properly working distance recorder to the motor vehicle, or to repair the distance recorder fitted to the motor vehicle, during the period between the time of the damage to or malfunction of the distance recorder fitted to the motor vehicle and the time when the alleged offence was committed; and

• (c) a properly working distance recorder was fitted to the motor vehicle, or the distance recorder fitted to the motor vehicle was repaired, forthwith after the commission of the alleged offence.

(4A) Every person—

• (a) who is summoned under section 18B and who fails or refuses to appear before the Judge at the time specified by the Judge, or to take oath as a witness before the Judge; or

• (b) who is sworn as a witness at an inquiry held under section 18A and who fails or refuses to answer any question put to him regarding the subject of the inquiry; or

• (c) who fails or refuses to produce any document or thing for the inspection of the Judge, or of any person authorised by the Judge for this purpose, when required to do so pursuant to section 18B(1)(b)—

commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $1,000:

provided that no person shall be convicted of an offence against paragraph (a) unless, at the time of the service of the summons or at some other reasonable time before the date on which that person was required to attend, there was paid or tendered to that person a sum sufficient to provide for his reasonable travel expenses in attending the inquiry.

(5) Notwithstanding section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act or against any regulations made thereunder may be laid at any time within 2 years from the time when the matter of the information arose.

(6) Any offence against this Act that is specified in Schedule 4 as an excess weight offence or a distance recorder offence or as an infringement offence under the Land Transport Act 1998 may be proceeded with as an infringement offence in accordance with the Land Transport Act 1998.

(7) For the avoidance of doubt, it is hereby declared that, in any proceedings for an offence of operating a motor vehicle on a road in contravention of section 5 or section 6, it is not necessary for the prosecution to prove that any licence required to be carried on the vehicle either had been or had not been displayed in accordance with section 19.

(8) Where a person breaches the requirements of a licence in more than 1 particular, each such breach, to the extent that it constitutes an offence against this Act, constitutes a separate offence.

(1) A document certified by an officer or employee of the Ministry of Transport, or by a person authorised by the chief executive for the purpose, to be a record held for the purposes of this Act shall be received as prima facie evidence—

• (a) in any inquiry under section 18A:

• (b) in any proceedings for an offence against this Act or the Land Transport Act 1998 or any regulations made under either of those Acts:

• (c) in any proceedings for the revocation of a transport services licence under the Transport Services Licensing Act 1989.

(2) For the purposes of this section, a record held for the purposes of this Act includes a copy of a licence issued under this Act and a computer record held for the purposes of this Act; and, in this subsection, computer record includes a microfiche, a microfiche printout, a computer printout, or any other document produced by a device by means of which information is recorded or stored.

(1) Notwithstanding any enactment or rule of law, any statement that is made to a constable or a traffic officer who is a Police employee who is not a constable by the driver of any vehicle to which this Act applies that relates to—

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

• (b) any matter that is by any enactment to be specified in any logbook—

may be given in evidence by that constable or traffic officer and shall be admissible 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, any statement that—

• (a) is made to an employee of New Zealand Transport Agency who is authorised in writing for the purpose by the Agency; and

• (b) is made by the driver of any vehicle to which this Act applies; and

• (c) relates to any matter that is by any enactment required to be specified in any logbook—

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

(1) For the purpose of ascertaining whether the provisions of this Act have been or are being complied with by any person to whom this Act applies, the chief executive may require that person to produce for inspection any books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with logbooks, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills.

(2) The chief executive may take extracts from or make copies of any books or records so produced.

(3) The powers conferred by this section are in addition to, and not in substitution for or in derogation of, the powers conferred by section 17A.

(1) Subject to subsection (2), the chief executive may from time to time, either generally or particularly, delegate to such persons (not being employees of the Ministry) as he or she specifies any of his or her functions or powers under this Act.

(2) The chief executive shall not delegate any function or power to any person or any class of persons not employed in the State services (within the meaning of the State Sector Act 1988), except with the consent in writing of the Minister.

(2A) In any case where the chief executive has delegated any functions or powers to any person under this section, that person may, with the prior approval of the Minister, delegate to any other person such of those functions or powers as are so approved.

(3) Subject to any general or special directions given or conditions imposed by the chief executive, any person to whom any functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.

(4) The chief executive may delegate any power or function under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being.

(5) Every delegation under this section shall be given for a specific or indefinite period but in either case shall be revocable at will and no such delegation shall prevent the exercise of any power or the performance of any function by the chief executive.

(6) Every delegation under this section shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the chief executive by whom it was made may cease to hold office, and shall continue to have effect as if it were made by the person for the time being holding office as chief executive.

(7) Every person purporting to act under any delegation under this section shall when reasonably requested produce evidence of his or her authority to do so.

(8) In this section, the term person includes a body corporate, but does not include an unincorporated body of persons.

(1) 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 forms of licences and empowering the Registrar to prescribe the colours of licences and labels:

• (b) [Repealed]

• (c) prescribing circumstances in which an issuing officer may issue a licence notwithstanding that the road user charge, or part thereof, payable in respect thereof has not been paid, or if he is satisfied that the charge has been or will be paid:

• (d) empowering the Registrar to cancel any licence if the road user charge payable in respect thereof has not been paid:

• (e) requiring motor vehicles, or any class or classes of motor vehicles, to be fitted with hubodometers from specified dates; prescribing the types of hubodometers to be fitted and the manner of fitting and maintenance; regulating the replacement of hubodometers; and prohibiting or restricting, for the purposes of this Act, certain actions in respect of hubodometers:

• (f) requiring every person who issues a certificate of fitness or a warrant of fitness, or evidence of vehicle inspection under the Land Transport Act 1998, for a motor vehicle to report to the chief executive the reading of the motor vehicle's distance recorder at the time of issue of the certificate or warrant:

• (g) regulating the endorsement of licences for the purposes of section 7:

• (ga) prescribing for the purposes of section 4(c), motor vehicles (including light electric motor vehicles) that are exempt from this Part:

• (h) prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act; and prescribing the fines, not exceeding $3,000, that may be imposed in respect of any such offence:

• (i) providing for such other matters, not inconsistent with this Act, as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(1A) Regulations made under subsection (1)(ga) relating to light electric motor vehicles—

• (a) must specify a date on which the exemption expires; and

• (b) may, from time to time, be amended to provide for a later date.

(2) The Governor-General may from time to time, by Order in Council, add to or omit from any of the categories specified in Schedule 2 any class of motor vehicle; and every reference in this Act to Schedule 2 shall be construed as a reference to that Schedule with any alterations made by any Order in Council for the time being in force under this subsection.

(1) Amendment(s) incorporated in the Act(s).

(2) [Repealed]

(1) Amendment(s) incorporated in the Act(s).

(2) Notwithstanding any other provision of this Act, heavy-traffic licences that are issued pursuant to regulations made under paragraphs (l) and (m) of section 77(1) of the Transport Act 1962 for a term expiring after 28 February 1978 may be surrendered, and part of the licence fee paid in respect thereof may be refunded to the licensee, as if this Act had not been passed.

The following enactments are hereby consequentially repealed—

• (a)–(d) Amendment(s) incorporated in the Act(s).

• (e) the Transport Amendment Act (No 2) 1976.