Hon Steven Joyce
Government Bill
261—2
As reported from the Transport and Industrial Relations Committee
Commentary
Key
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Overview
5 Interpretation
6 Act binds the Crown
Part 2Road user charges
Subpart 1—Key provisions
7 Requirement to pay road user charges
8 RUC vehicle must have distance recorder
9 RUC vehicle must have distance licence
10 Reading of distance recorder must not exceed maximum reading
11 RUC vehicle must have RUC vehicle type and RUC weight
12 Certain RUC vehicles must have additional licence
12 RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence
Other offences relating to distance recorders
13 Offences relating to distance recorders
14 Offence relating to interference with operation of distance recorder
Subpart 2—Issue and display of RUC licence
15 Application for RUC licence
16 Application must be accompanied by payment of road user charges
17 Issue of RUC licence
18 Form of licence
19 Display of RUC licence
20 Proof of purchase if RUC licence issued but not received by operator
21 RUC licence must be produced on demand
22 Current distance licence to be provided to purchaser on sale of RUC vehicle
23 Offences relating to altering or defacing RUC licence
24 Offence of displaying anything on RUC vehicle likely to be mistaken for RUC licence
25 Offence of operating RUC vehicle on road with RUC licence obscured
Subpart 3—Payment of road user charges
26 Road user charges are debt due to the Crown
27 Issue of RUC licence may be conditional on payment
28 Penalty for late payment
29 Road user charges to be paid into national land transport fund
30 Payment of administration fees received under this Act
Subpart 4—Refund and waiver of road user charges
Refund of road user charges
31 Refund of road user charges for off-road travel
32 Refund of distance licence charge where new distance licence issued
33 Surrender of RUC licence
34 RUC collector may waive or refund road user charges if satisfied charge is excessive
Other provisions relating to refunds
35 Application for refund or waiver to be verified
36 Further provisions relating to refunds
37 Cancellation of debts
Subpart 5—Electronic system providers
38 RUC collector may approve electronic system provider
39 Obligation of electronic system provider to report tampering
40 Disclosure and management of RUC information by electronic system provider
Offences
41 Offences relating to electronic system providers
42 Offences relating to electronic distance recorders
Subpart 6—Hubodometers
43 RUC collector may approve hubodometer
44 Restrictions on fitting of hubodometer
45 Removal and retention of hubodometer or licence by enforcement officer
46 RUC collector may seize and retain hubodometer and licence
47 Offences relating to hubodometers
Part 3Assessment of unpaid road user charges
Subpart 1—RUC collector may issue assessment for unpaid road user charges
48 RUC collector may issue assessment for unpaid road user charges
Amendment of assessment
49 RUC collector may amend assessment
Review of assessment
50 Review of assessment
51 Unpaid road user charges specified in assessment debt due to the Crown
Penalties
52 Penalty for failure to pay after assessment
52A Penalty for failure to pay after receipt of notice under section 50(5)(a)
53 Penalty for failure to pay after review of assessment
53 Penalty for failure to pay after issue of new assessment
54 RUC collector may cancel penalty
Recovery of unpaid road user charges and penalties
54A Recovery of unpaid road user charges and penalties
Instalment arrangements
55 Instalment arrangements
Other provisions
56 Validity of assessments
57 RUC collector may take information from vehicle management system
58 Vehicle inspection records
Records
59 Certain persons must make and retain records
60 Inspection of records or other information
61 Access to business records held by third parties in relation to RUC vehicle
Subpart 2—Appeal against review of assessment
62 Appeal to District Court against review of assessment
62 Appeal to District Court against notice issued under section 50(5)(a)
63 Procedure for appeal
Further appeals
64 Appeal to High Court on question of law
65 Further appeals to Court of Appeal or Supreme Court
66 Notice issued under section 50(5)(a) to continue in force pending appeal
67 Obligation to pay penalty not suspended by appeal
67A RUC collector must refund overpayment of road user charges
Part 4Enforcement and other matters
Subpart 1—Enforcement
67B Interpretation
Proceedings for offences generally
68 Proceedings for offences generally
69 Evidence in proceedings
70 Admissibility of certain statements
Defences
71 Defences
Search warrants
72 Power to issue search warrant in respect of alleged offence
73 Offence relating to disclosing information acquired during inspection of records or search
Infringement offences
74 Interpretation
75 Infringement offences
76 Issue of infringement notice and reminder notices
77 Infringement fees
78 Courts may impose appropriate fines for infringement offences
Subpart 2—Other matters
Regulations
79 Regulations specifying rates of road user charges
80 Licence for heavy RUC vehicle invalid 1 month after road user charges rate increased
80A Appointment of RUC collector
80B Exemption relating to light electric vehicles
80C Regulations relating to other exempt vehicles
81 Other regulations
81A Transitional regulations
Exemption of particular RUC vehicles
81B RUC collector may exempt particular RUC vehicles
Delegations
82 Chief executive may delegate functions, duties, or powers to person outside Ministry
83 Further provisions relating to delegation
Notice requirements
84 Notice requirements
Subpart 3—Consequential amendments, repeal and revocation, and transitional and savings provisions
85 Consequential amendments to other enactments
86 Repeal and revocation
87 Transitional and savings provisions
Transitional and savings provisions
87 Transitional and savings provisions relating to licences issued under former Act
88 Transitional and savings provisions relating to electronic distance recorders and hubodometers approved under former Act
89 Other transitional and savings provisions
Schedule 1 Duties relating to management of RUC information by electronic system providers
Schedule 2 Notice requirements
Schedule 3 Consequential amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: