Land Transport (NZTA) Legislation Amendment Act 2020

  • Corrections have been made to section 2 on 11 August 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Land Transport (NZTA) Legislation Amendment Act 2020

Public Act
 
2020 No 48
Date of assent
 
6 August 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
3Amendments to Land Transport Management Act 2003
4Section 5 amended (Interpretation)
5Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
6Section 10 amended (National land transport fund)
7Section 65N amended (Functions of Agency under this subpart)
8New section 65NA inserted (Functions of Director under this subpart)
65NAFunctions of Director under this subpart
9Section 65W amended (Assessment of tax)
10Section 65X amended (Payment of regional fuel tax)
11Section 65ZF amended (Agency and Auditor-General may require information)
12Section 65ZG amended (Inspection of records or other information)
13Section 65ZI amended (Offences and penalties)
14Section 92 amended (Overview)
15Section 95 replaced (Functions of Agency)
95Functions of Agency
16New sections 96A to 96C inserted
96AAgency must adopt and publish regulatory strategy
96BInterests of persons in relation to committees that Agency required to establish under rules
96CDelegation restrictions and other matters relating to committees that Agency required to establish under rules
17Section 100 amended (Statement of intent)
18New sections 104A to 104C and cross-heading inserted
104ADirector of Land Transport
104BFunctions, powers, and duties of Director
104CDelegation of Director’s functions and powers
19Section 106 amended (Functions of regional transport committees)
20Section 109 amended (Regulations)
21New sections 109A and 109B inserted
109AConfidentiality of information and documents
109BAgency may share or use information or documents
22Schedule 1AA amended
23Amendments to Land Transport Act 1998
24Section 2 amended (Interpretation)
25Section 4 amended (General requirements for participants in land transport system)
26Section 18 amended (Health practitioners to give Agency medical reports of persons unfit to drive)
27Section 19 amended (Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992
28Section 22AC amended (Minister may amend, replace, or disallow bylaws)
29Section 23 amended (Issue of driver licences)
30Section 24 amended (Agency may issue temporary driver licences)
31Section 24A amended (Authorised persons may request driver licences for certain persons)
32Section 25 amended (Minimum age for driver licensing)
33Section 26 amended (Drivers may be tested and examined)
34Section 27 amended (Suspension and revocation of licences)
35Section 28 amended (Photographic driver licence)
36Section 29A amended (Persons convicted of specified serious offences prohibited from holding passenger endorsement)
37Section 29B amended (Passenger endorsement may be reinstated in certain cases)
38Section 30 amended (Driver licences are property of Agency and are to be surrendered in certain circumstances)
39Section 30A amended (Requirements for vehicles)
40Section 30C amended (General safety criteria)
41Section 30D amended (Additional criteria for small passenger service and vehicle recovery service)
42Section 30E amended (Additional criteria for large passenger service)
43Section 30F amended (Additional criteria for goods service)
44Section 30G amended (Agency may require information for fit and proper person assessment)
45Section 30H amended (Agency’s duties concerning prejudicial information)
46Section 30I amended (Non-disclosure by Agency of information for safety reasons)
47Section 30L amended (Grant of licence)
48Section 30M amended (Conditions of goods service licence)
49Section 30O amended (Term of transport service licence)
50Section 30Q amended (Records to be kept by facilitator of facilitated cost-sharing arrangements)
51Section 30S amended (When Agency may revoke transport service licence)
52Section 30T amended (Procedure Agency must follow before revoking transport service licence)
53Section 30U amended (Suspension of transport service licence)
54Section 30V amended (Interpretation)
55Section 30W amended (Agency to notify proposal to make adverse decision)
56Section 30X amended (Procedure for consideration of information)
57Section 30Y amended (Agency’s determination)
58Section 30ZA amended (Agency may grant exemptions or approve alternative fatigue management schemes)
59Section 30ZG amended (Agency may approve or revoke alternative means of recording matters)
60Section 32 amended (Contravention of section 5(1)(c))
61Section 65 amended (Mandatory disqualification and assessment for repeat offences)
62Section 65AK amended (Effect of other subsequent offences on alcohol interlock licence)
63Section 65B amended (Mandatory zero alcohol requirements for repeat offences and certain first offences)
64Section 79A amended (Offence to carry on transport service without licence)
65Section 79B amended (Provision of incorrect information)
66Section 79C amended (Failure to present vehicle for inspection)
67Section 79O amended (Failure to comply with prescribed work time restrictions or rest time requirements)
68Section 82A amended (Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months)
69Section 82C amended (Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence)
70Section 83 amended (Holder to undergo approved tests or courses if disqualified for more than 1 year)
71Section 84 amended (New licence to be issued if disqualified driver qualifies for specified vehicle classes)
72Section 87 amended (Particulars of certain court orders to be sent to Agency and offender)
73Section 87A amended (Disqualification of transport service driver)
74Section 87B amended (Disqualification of holder of transport service licence from holding transport service licence)
75Section 87D amended (Immediate suspension of transport service driver and other persons in interests of public safety)
76Section 87E amended (Procedure for suspending persons under section 87D)
77Section 87F amended (Term of suspension)
78Section 87G amended (Effect of disqualification or suspension of transport service driver and other persons)
79Section 88 amended (Demerit points to be recorded by Agency)
80Section 89 amended (Notice of demerit points)
81Section 90 amended (Suspension of licence or disqualification from driving under demerit points system)
82Section 91 amended (Cancellation and reinstatement of demerit points)
83Section 91E amended (Imposition of driver licence stop order)
84Section 91F amended (Effect of driver licence stop order)
85Section 91G amended (Cancellation of driver licence stop order)
86Section 91H amended (Termination of driver licence stop order if traffic fine paid or resolved)
87Section 92 amended (Compulsory attendance at driving improvement course or dangerous goods course)
88Section 93 amended (Court may order compulsory driving test)
89Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
90Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
91Section 96A amended (Impoundment of vehicle used in transport service)
92Section 99A amended (Agency may approve programmes)
93Section 100 amended (Agency to remove certain disqualifications)
94Section 100A amended (Agency may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled)
95Section 101 amended (Appeal to Agency against mandatory suspension of driver licence)
96Section 105 amended (Court may make order authorising grant of limited licence)
97Section 106 amended (General right of appeal to District Court)
98Section 107 amended (Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification)
99Section 108 amended (Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence)
100Section 109 amended (Appeal against refusal of Agency to remove suspension of driver licence)
101Section 112 amended (Effect of appeal on demerit points)
102New sections 112A to 112G and cross-heading inserted
112AAgency may accept enforceable undertakings
112BNotice of decision and reasons for decision
112CWhen enforceable undertaking is enforceable
112DCompliance with enforceable undertaking
112EContravention of enforceable undertaking
112FWithdrawal or variation of enforceable undertaking
112GProceedings for contravention or alleged contravention
103Section 115 amended (Enforcement officers may give directions prohibiting driving of vehicles)
104Section 129 amended (Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules)
105Section 130 amended (Power to inspect railway lines)
106Section 131 amended (Power to inspect premises used for loading and unloading of dangerous goods)
107Section 134 amended (Strict liability for offences involving insecure loads and loads falling from vehicles)
108Section 135 amended (Commencing proceedings, and jurisdiction, for offences)
109Section 141 amended (Provisions relating to infringement fees)
110Section 149 amended (Admissibility of certain statements by drivers of certain vehicles)
111Section 150 amended (Evidence of certain documents)
112Section 152 amended (Power of Minister to make ordinary rules)
113Section 157 amended (Rules concerning roads)
114Section 158 amended (Rules concerning licensing, standard-setting, etc)
115Section 159 amended (Rules concerning land transport documents)
116New section 159A inserted (Ordinary rule may require committee to be established)
159AOrdinary rule may require committee to be established
117Section 160 amended (Other provisions concerning ordinary rules)
118Section 167 amended (Regulations)
119Section 168 amended (Regulations relating to fees and charges for land transport)
120New section 168AAA inserted (Regulations relating to register of land transport records)
168AAARegulations relating to register of land transport records
121Section 168C amended (Piloting fees)
122Section 198 amended (Inspections and audits)
123New sections 200A to 200O and cross-heading inserted
200AInterpretation
200BSecondary legislation may require creation of land transport record
200CLand transport records must be created for certain bylaws
200DLand transport records may be created for certain bylaws
200ERegister of land transport records
200FPurpose of register
200GWhen Registrar must create land transport record
200HEffect of land transport record
200IContents of register
200JOperation, access, and search of register
200KAmendments to register
200LSubmitting information to Registrar
200MRegistrar must notify person that record created
200NRegistrar may notify record or changes to register
200OCertified copy of information on register
124Section 207 amended (Delegation of Minister’s functions or powers to Agency)
125New section 208A inserted (Agency is enforcement officer for certain infringement offences)
208AAgency is enforcement officer for certain infringement offences
126Section 233 amended (Interpretation matters applying to this Part)
127Section 271 amended (Appointment of Registrar)
128Schedule 1 amended
129Amendments to Railways Act 2005
130Section 4 amended (Interpretation)
131New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
132Section 8 amended (Relationship of Act with Health and Safety at Work Act 2015)
133Section 15 amended (Certain rail participants must be licensed)
134Section 16 amended (Application for licence)
135Section 17 amended (Grant of licences)
136Section 18 amended (Transfer or assignment of licence prohibited)
137Section 19 amended (Term of licence)
138Section 21 amended (Conditions of licences)
139Section 22 amended (Agents and contractors)
140Section 23 amended (Power of Agency to suspend licence or impose temporary conditions)
141Section 24 amended (Power of Agency to revoke licence or impose permanent conditions)
142Section 25 amended (Matters relating to action taken under section 23 or section 24)
143Section 26 amended (Power of Agency to amend or revoke licences in other cases)
144Section 27 amended (Rights of persons affected in relation to adverse decisions)
145Cross-heading above section 28 amended
146Section 28 amended (Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure)
147Section 30 amended (Contents of safety case)
148Section 31 amended (Matters to be taken into account in considering proposed safety case)
149Section 32 amended (Approval of safety case)
150Section 33 amended (Application to replace or vary approved safety case)
151Section 34 amended (Requirement by Agency to replace or vary approved safety case)
152Section 35 amended (Procedure for replacement or variation of approved safety case)
153Section 36 amended (Safety improvement plans)
154Section 37 amended (Ordinary and special safety assessments)
155Section 39 amended (Safety assessment report)
156Section 42 amended (Notification of requirement for improvements)
157Section 43 amended (Report on remedial action)
158Section 44 amended (Extension of time to complete remedial action)
159Section 45 amended (Appointment of safety assessors)
160Section 46 amended (Functions and duties of safety assessors)
161Section 47 amended (Powers of safety assessors to obtain information, etc)
162Section 48 amended (Powers of entry of safety assessors)
163Section 53 amended (Rules concerning authorisation, standard-setting, etc)
164Section 54 amended (Other provisions concerning ordinary rules)
165Section 60 amended (Regulations relating to fees and charges for rail transport)
166Section 67 amended (Power to prohibit or restrict persons from being involved in rail activities)
167Section 68 amended (Appeal to District Court)
168Section 69 amended (Procedure)
169Section 70 amended (Decision of Agency to continue in force pending appeal, etc)
170Section 95 amended (Who may file charging document for offence)
171Section 96 amended (Evidence and proof)
172Section 97 amended (Application of fees)
173Section 102 amended (Appointment of enforcement officers)
174New Schedule 1AA inserted
175Consequential amendments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: