Road User Charges Bill

  • enacted

Road User Charges Bill

Government Bill

261—3

As reported from the committee of the whole House

Key to symbols used

text inserted

text deleted

This is an HTML version of the Bill. To see whether amendments are unanimous or majority, and whether they are select committee or committee of the whole House amendments, refer to the PDF version. Placing the cursor over the amendment will also give you this information.


Hon Steven Joyce

Road User Charges Bill

Government Bill

261—3

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Overview

5 Interpretation

6 Act binds the Crown

Part 2
Road user charges

Subpart 1Key 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 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 2Issue 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 person who acquires 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 3Payment 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 4Refund 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 4AExemptions from requirement to pay road user charges

Exemptions by Order in Council

37A Exemption of light electric RUC vehicles by Order in Council

37B Exemption of RUC vehicles unsuitable for regular road use by Order in Council

Exemptions granted by RUC collector

37C RUC collector may exempt particular RUC vehicle unsuitable for regular road use

37D Exemption relating to light RUC vehicle operated almost exclusively off-road

37E Monitoring of exemption granted under section 37D

37F Revocation and expiry of exemption granted under section 37D

Subpart 5Electronic 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 6Hubodometers

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

Offences

47 Offences relating to hubodometers

Part 3
Assessment of unpaid road user charges

Subpart 1RUC 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

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 issue of new assessment

53 Penalty for failure to pay after issue of amended assessment or 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

58 Vehicle inspector to provide report to RUC collector

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 2Appeal 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 4
Enforcement and other matters

Subpart 1Enforcement

67B Interpretation

Proceedings for offences generally

68 Proceedings for offences generally

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 or search

Infringement offences

75 Infringement offences

76 Issue of infringement notice and reminder notices

77 Infringement fees

78 Courts may impose appropriate fines for infringement offences

Subpart 2Other 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

80AB Regulations relating to administration fees

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 3Consequential amendments, repeal and revocation, and transitional and savings provisions

85 Consequential amendments to other enactments

86 Repeal and revocation

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


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Road User Charges Act 2010.

2 Commencement
  • (1) This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

    (2) One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes.

    (3) To the extent that it is not brought into force under subsection (1) or (2), the rest of this Act comes into force on 1 August 2012.

Part 1
Preliminary provisions

3 Purpose
  • The purpose of this Act is to—

    • (a) continue the road user charges system by imposing charges on RUC vehicles for their use of the roads that are in proportion to the costs that the vehicles generate:

    • (b) modernise and simplify the road user charges system:

    • (c) improve compliance with, and the recovery of, road user charges:

    • (d) establish a framework for the electronic management of road user charges.

4 Overview
  • (1) This Act replaces the Road User Charges Act 1977.

    (2) Part 1 provides for the commencement of the Act, states the purpose of the Act, defines certain terms used in the Act, and contains other preliminary provisions.

    (3) Part 2 contains key provisions relating to the requirement to pay road user charges, the issue and display of a road user charges licence, the payment and refund of road user charges, and other matters.

    (3) Part 2 contains key provisions relating to—

    • (a) the requirement to pay road user charges; and

    • (b) the issue and display of a road user charges licence; and

    • (c) the payment and refund of road user charges; and

    • (d) exemptions from the requirement to pay road user charges; and

    • (e) other matters.

    (4) Part 3 relates to assessments of unpaid road user charges by the RUC collector and provides for appeals against those assessments.

    (5) Part 4 relates to the enforcement of road user charges, repeals the Road User Charges Act 1977, revokes the Road User Charges Regulations 1978, makes consequential amendments, and contains transitional provisions.

5 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    additional licence means a an additional licence required under section 12

    administration fee means an administration fee prescribed by regulations made under section 81 a fee prescribed by regulations made under section 80AB

    Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

    assessment means an assessment for unpaid road user charges issued by the RUC collector under section 48(1)

    chief executive means the chief executive of the Ministry

    current, in relation to a distance licence, means a licence where the maximum reading specified on the licence is more than the reading of the distance recorder fitted to the RUC vehicle

    distance licence means a licence required under section 9

    distance recorder, in relation to a RUC vehicle, means—

    • (a) a hubodometer; or

    • (b) an electronic distance recorder; or

    • (c) an odometer that—

      • (i) records in kilometres or miles; and

      • (ii) is of a nature and accuracy sufficient to provide a reliable record of the distance travelled by the RUC vehicle; or

    • (d) any other kind of distance recorder approved by the RUC collector that—

      • (i) records in kilometres; and

      • (ii) is of a nature and accuracy sufficient to provide a reliable record of the distance travelled by the RUC vehicle

    electronic distance recorder means a distance recorder provided by an electronic system provider

    electronic licence means a licence displayed electronically on, or in conjunction with, an electronic distance recorder

    electronic system means a system involving the use of electronic equipment and other technology situated in, or fitted to, a RUC vehicle and elsewhere that has the capacity to measure, monitor, collect, store, display, analyse, communicate, and report information relating to—

    • (a) the identity, distance travelled by, and location of a RUC vehicle; and

    • (b) the purchase and issue of an electronic licence for the RUC vehicle; and

    • (c) the integrity, security, and normal operation of the system

    electronic system provider means a person approved by the RUC collector under section 38 to—

    • (a) provide electronic distance recorders; and

    • (b) issue electronic licences

    enforcement officer has the same meaning as in section 2(1) of the Land Transport Act 1998

    exempt vehicle means the following vehicles in respect of which road user charges are not payable:

    • (a) a light electric vehicle for the duration of the period specified by Order in Council made under section 80B:

    • (b) a vehicle prescribed by regulations made under section 80C:

    • (c) a vehicle specified by notice in the Gazette under section 81B

    evidence, in relation to the registration of a RUC vehicle under an alternative payment scheme, means evidence as prescribed by regulations made under section 81

    exempt vehicle means the following vehicles or classes of vehicle in respect of which road user charges are not payable:

    • (a) a trailer with a gross vehicle mass of 3 500 kilograms or less:

    • (b) any of the following for the period of the applicable exemption in respect of the vehicle or class of vehicle:

      • (i) light electric RUC vehicles exempted by an Order in Council made under section 37A:

      • (ii) any 1 or more classes of RUC vehicles specified by an Order in Council made under section 37B:

      • (iii) a particular RUC vehicle exempted by the RUC collector by notice in the Gazette under section 37C:

      • (iv) a light RUC vehicle exempted by the RUC collector under section 37D

    fail, in relation to an electronic system,—

    • (a) means a failure of the system to perform as intended in terms of accuracy, security, reliability, verifiability, or any other performance indicator; and

    • (b) includes a permanent failure, a temporary failure, or the failure of the system on a particular occasion or in particular circumstances

    former Act means the Road User Charges Act 1977

    gross vehicle mass, in relation to a RUC vehicle, has the same meaning as in Part 2 of the VDAM Rule 2002

    GST means goods and services tax payable under the Goods and Services Tax Act 1985

    former Act means the Road User Charges Act 1977

    heavy RUC vehicle means a motor vehicle or trailer with a gross vehicle mass of more than 3 500 kilograms

    hubodometer means a distance recorder that—

    • (a) is of a kind approved by the RUC collector under section 43; and

    • (b) is fitted to the axle or wheel of a RUC vehicle in accordance with regulations made under section 81

    light electric RUC vehicle means a RUC vehicle with—

    • (a) a gross vehicle mass of 3 500 kilograms or less; and

    • (b) motive power wholly or partly derived from an external source of electricity

    light RUC vehicle

    • (a) means a motor vehicle with a gross vehicle mass of 3 500 kilograms or less and with motive power that is not wholly derived from petrol; and

    • (b) includes a light electric RUC vehicle

    mass has the same meaning as in section 2(1) of the Land Transport Act 1998

    maximum reading, in relation to a licence, means a figure specified on the licence as the maximum reading

    minimum reading, in relation to a licence, means a figure specified on the licence as the minimum reading

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    motor spirits has the same meaning as in section 79A of the Customs and Excise Act 1996

    motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    operate and operator have the same meanings as in section 2(1) of the Land Transport Act 1998

    owner has the same meaning as in section 2(1) of the Land Transport Act 1998

    permit means a permit issued by a road controlling authority under section 5 of Part 1 of the VDAM Rule 2002

    petrol

    • (a) means any motor spirits (including motor spirits blended with other fuels) or compressed natural gas or liquefied petroleum gas on which excise duty or excise–equivalent duty is payable under the Customs and Excise Act 1996; but

    • (b) does not include diesel or electricity

    reading, in relation to a distance recorder, means the reading of distance recorded on the distance recorder at any particular time

    records, in relation to a RUC vehicle or RUC vehicles, means the following documents that relate to the use and maintenance of the vehicle or vehicles:

    • (a) logbooks:

    • (b) records relating to maintenance of the vehicle or vehicles:

    • (c) invoices relating to expenditure on maintenance in relation to the vehicle or vehicles:

    • (d) invoices relating to expenditure on fuel in relation to the vehicle or vehicles:

    • (e) invoices relating to cartage by, or use of, the vehicle or vehicles:

    • (f) any permits issued under section 5 of Part 1 of the VDAM Rule 2002 in relation to the vehicle or vehicles

    • (g) timekeeping records

    Registrar of Motor Vehicles has the same meaning as Registrar in Part 17 section 233(1) of the Land Transport Act 1998

    registration plate has the same meaning as in Part 17 section 233(1) of the Land Transport Act 1998

    rental service licence has the same meaning as in section 2(1) of the Land Transport Act 1998

    road includes—

    • (a) a highway (whether or not it has been declared to be a State highway); and

    • (b) a street

    road user charges mean charges payable under this Act in respect of the distance travelled by a RUC vehicle on a road

    RUC collector means—

    • (a) the chief executive; or

    • (b) the Agency, if appointed under section 80A to be the RUC collector for the purposes of this Act

    • (b) the Agency, if appointed by an Order in Council made under section 80A to be the RUC collector for the purposes of this Act

    RUC information

    • (a) means information that is generated or collected by an electronic system provider for any purpose relating to the provision, by the electronic system provider, of services relating to road user charges; and

    • (b) includes information relating to—

      • (i) the identity and business address of a person who is operating a RUC vehicle and the name of the person who has purchased a RUC licence for a RUC vehicle:

      • (ii) the distance travelled by a RUC vehicle:

      • (iii) the location of a RUC vehicle for the purpose of verifying a refund for off-road travel:

      • (iv) the purchase of a RUC licence:

      • (v) a fault with an electronic distance recorder or tampering (including suspected tampering) with an electronic distance recorder

    RUC licence or licence

    • (a) means a distance licence or an additional licence issued for a RUC vehicle; and

    • (b) includes—

      • (i) an identical copy of a licence in the form a form approved by the RUC collector under section 20(2):

      • (ii) an electronic licence

    RUC vehicle

    • (a) means—

      • (i) a heavy RUC vehicle; or

      • (ii) a light RUC vehicle; but

    • (b) does not include an exempt vehicle for the period of the applicable exemption in respect of the vehicle

    RUC vehicle type, in relation to a RUC vehicle, means the type prescribed by regulations made under section 81 as being the RUC vehicle type for the purposes of this Act

    RUC weight, in relation to a RUC vehicle, means the lesser of the—

    • (a) gross vehicle mass for the RUC vehicle; or

    • (b) maximum allowable mass for the RUC vehicle under section 4.5(1) of Part 1 of the VDAM Rule 2002

    sale has the same meaning as in section 233(1) of the Land Transport Act 1998

    State services has the same meaning as in section 2 of the State Sector Act 1988

    timekeeping records means records containing the following information relating to each person who is involved in the use and maintenance of a RUC vehicle or RUC vehicles and who is an employee of the owner or operator of the RUC vehicle or RUC vehicles:

    • (a) the name of the employee:

    • (b) the kind of work on which the employee is usually employed:

    • (c) where necessary for the purpose of calculating the employee's pay, the hours between which the employee is employed on each day, and the days of the employee's employment during each pay period:

    • (d) the method of calculating the employee's wages

    trailer has the same meaning as in section 233(1) of the Land Transport Act 1998

    transport service has the same meaning as in section 2(1) of the Land Transport Act 1998

    transport service licence has the same meaning as in section 2(1) of the Land Transport Act 1998

    VDAM Rule 2002 means Land Transport Rule: Vehicle Dimensions and Mass 2002

    vehicle inspection means a warrant of fitness or certificate of fitness carried out under Land Transport Rule: Vehicle Standards Compliance 2002

    vehicle inspector means a person appointed under Land Transport Rule: Vehicle Standards Compliance 2002 to carry out warrant of fitness or certificate of fitness inspections and certifications

    vehicle management system, in relation to a RUC vehicle, means an electronic control system situated in the vehicle that—

    • (a) receives inputs from the engine of the RUC vehicle; and

    • (b) may receive inputs from other sources or systems of the RUC vehicle; and

    • (c) controls 1 or more functions of the RUC vehicle; and

    • (d) stores data relating to the operation of the RUC vehicle

    working day means a day of the week except a Saturday, Sunday, or a public holiday (as specified in the Holidays Act 2003).

    (2) For the purposes of this Act, a trailer (whether attached to another motor vehicle or not) must be treated as a separate RUC vehicle, except for the purpose of issuing an additional licence.

6 Act binds the Crown
  • This Act binds the Crown.

Part 2
Road user charges

Subpart 1Key provisions

7 Requirement to pay road user charges
  • Road user charges are payable in respect of the operation of a RUC vehicle.

8 RUC vehicle must have distance recorder
  • (1) A person must not operate a RUC vehicle unless, at all times, the vehicle is fitted with a properly working distance recorder as specified in subsection (2) subsection (2), (2A), or (3).

    (2) A heavy RUC vehicle must be fitted with either—

    • (a) an electronic distance recorder that—

      • (i) is provided by an electronic system provider; and

      • (ii) is fitted in accordance with regulations made under section 81; and

      • (iii) accurately records the distance travelled by the RUC vehicle at all times; or

    • (b) a hubodometer that—

      • (i) is fitted in accordance with regulations made under section 81; and

      • (ii) accurately records the distance travelled by the RUC vehicle at all times.

    (2A) However, in the case of a heavy RUC vehicle that is not fitted with an electronic distance recorder under subsection (2)(a), the RUC collector may dispense with the requirement for the vehicle to be fitted with a hubodometer under subsection (2)(b), if the RUC collector is satisfied that—

    • (a) because of the construction of the heavy RUC vehicle it is impracticable to affix a hubodometer to the vehicle; and

    • (b) the heavy RUC vehicle is fitted with an odometer or another kind of distance recorder approved by the RUC collector.

    (3) A light RUC vehicle may be fitted with any kind of distance recorder that accurately records the distance travelled by the RUC vehicle at all times.

    (4) A person commits an offence if the person—

    • (a) operates a RUC vehicle where the RUC vehicle is not fitted with a properly working distance recorder; or

    • (b) operates a RUC vehicle where the electronic distance recorder or hubodometer fitted to the RUC vehicle has not been provided by an electronic system provider or approved by the RUC collector (as the case may be); or

    • (c) operates a RUC vehicle where the hubodometer or electronic distance recorder fitted to the RUC vehicle is not fitted in accordance with regulations made under section 81; or

    • (d) operates a RUC vehicle where the distance recorder fitted to the RUC vehicle is not accurately recording the distance travelled by the RUC vehicle.

    (5) A person who commits an offence against subsection (4) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

9 RUC vehicle must have distance licence
  • (1) A person must not operate a RUC vehicle on a road unless a distance licence has been issued for the vehicle.

    (2) The distance licence must specify—

    • (aa) the minimum and maximum distances covered by the licence; and

    • (a) the number or any other distinguishing mark shown on the registration plates of the RUC vehicle; and

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

    • (c) the RUC vehicle type of the RUC vehicle; and

    • (e) any other information that is required to be specified on the licence by regulations made under section 81.

    (3) Despite subsection (1), a person may operate a RUC vehicle on a road without having a distance licence issued for the vehicle if the RUC vehicle—

    • (a) has an electronic distance recorder attached to it; and

    • (b) is registered under an alternative payment scheme prescribed by regulations made under section 81.

    (3) However, subsection (1) does not apply if there is evidence that the RUC vehicle is registered under an appropriate alternative payment scheme.

    (4) A person commits an offence if the person, without reasonable excuse,—

    • (a) operates a RUC vehicle on a road where the vehicle does not have a distance licence that complies with subsection (2); or

    • (a) operates a RUC vehicle on a road where the vehicle does not have—

      • (i) a distance licence that complies with subsection (2); or

      • (ii) evidence of registration under an appropriate alternative payment scheme; or

    • (b) operates a heavy RUC vehicle where the distance licence issued for the vehicle has expired in accordance with this Act.

    (5) A person who commits an offence against subsection (4) is liable on summary conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

    Compare: 1977 No 124 s 5

10 Reading of distance recorder must not exceed maximum reading
  • (1) For the purposes of this Act, the reading of the distance recorder fitted to a RUC vehicle must be more than the minimum reading, but not more than the maximum reading, specified in the distance licence for the RUC vehicle.

    (2) A person commits an offence if the person operates a RUC vehicle on a road where the reading of the distance recorder fitted to the vehicle exceeds the maximum reading specified in the distance licence for the vehicle by more than 500 kilometres.

    (3) A person who commits an offence against subsection (2) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

11 RUC vehicle must have RUC vehicle type and RUC weight
  • The Agency must—

    • (a) assign a RUC vehicle type and RUC weight to a RUC vehicle; and

    • (b) record the RUC vehicle type and RUC weight assigned to the RUC vehicle on a land transport register.

12 RUC vehicles issued with permit must have distance licence for RUC vehicle type H or additional licence
  • (1) This section applies to the following RUC vehicles:

    • (a) a single heavy RUC vehicle issued with a permit:

    • (b) a heavy RUC vehicle (a towing vehicle) towing 1 or more trailers towing 1 or more trailers (a towing vehicle) issued with a permit that covers both the towing vehicle and the trailer or trailers.

    (2) A RUC vehicle to which this section applies must—

    • (a) have a distance licence (as required by section 9) specifically for RUC vehicle type H; or

    • (b) have an additional licence as well as the distance licence required by section 9.

    (3) However, subsection (2) does not apply if there is evidence (as prescribed by regulations made under section 81) that the RUC vehicle is registered under an appropriate alternative payment scheme.

    (4) An additional licence specified in subsection (2)(b) must—

    • (a) cover the difference between—

      • (i) the RUC vehicle's maximum allowable mass under section 4.5(1) of Part 1 of the VDAM Rule 2002; and

      • (ii) the maximum mass specified in the permit under which the RUC vehicle is operating; and

    • (b) contain the information prescribed by regulations made under section 81 and be displayed in accordance with regulations made under that section.

    (5) A person commits an offence if the person, without reasonable excuse, operates a RUC vehicle to which this section applies on a road without a distance licence specifically for RUC vehicle type H, or an additional licence, or without evidence of being registered under an alternative payment scheme (as the case may be).

    (6) A person who commits an offence against subsection (5) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

Other offences relating to distance recorders

13 Offences relating to distance recorders
  • (1) A person commits an offence if the person—

    • (a) operates a RUC vehicle on a road if the person knows, or ought to have known, that the distance recorder fitted to the vehicle, or any equipment that is required for the operation of the distance recorder fitted to the vehicle, has been altered or damaged in a manner that affects, or is likely to affect, the accuracy of the distance recorder; or

    • (ab) operates a RUC vehicle on a road if the person knows, or ought to have known, that the distance recorder fitted to the vehicle has been tampered with in a manner that affects, or is likely to affect, the accuracy of the distance recorder; or

    • (b) wilfully alters, damages, or tampers with a distance recorder fitted to a RUC vehicle, or any equipment that is required for the operation of the distance recorder fitted to the vehicle, in a manner that affects, or is likely to affect, the accuracy of the distance recorder; or

    • (c) operates a RUC vehicle on a road if the person knows, or ought to have known, that the distance recorder fitted to the RUC vehicle has been modified or repaired except as authorised by this Act or by regulations made under section 81; or

    • (d) modifies or repairs, or attempts to modify or repair, any part of a distance recorder fitted to a RUC vehicle except as authorised by this Act or by regulations made under section 81.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    Compare: 1977 No 124 s 23(1)(fc), (g)

14 Offence relating to interference with operation of distance recorder
  • (1) A person commits an offence if the person—

    • (a) operates any equipment in a RUC vehicle if the person knows, or ought to have known, the equipment will interfere with, or is likely to interfere with, the accurate operation of the distance recorder fitted to the vehicle:

    • (b) installs any equipment in a RUC vehicle that is designed to interfere with the accurate operation of the distance recorder fitted to the vehicle:

    • (c) possesses any equipment in a RUC vehicle that is designed to interfere with the accurate operation of the distance recorder fitted to the vehicle.

    (2) A person who commits an offence against subsection (1)(a) or (b) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    (3) A person who commits an offence against subsection (1)(c) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

Subpart 2Issue and display of RUC licence

15 Application for RUC licence
  • (1) An application for a RUC licence must—

    • (a) be made in the manner specified by the RUC collector; and

    • (b) contain the information prescribed by regulations made under section 81.

    (2) In an application for a distance licence, the minimum reading to be specified on the licence must not be greater than the maximum reading specified on the last distance licence issued for the RUC vehicle.

    (3) A person commits an offence in respect of an application made under subsection (1), if the person provides information that the person knows, or ought to have known, is incorrect in a material particular.

    (4) A person who commits an offence against subsection (3) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    Compare: 1977 No 124 s 8(1), (3)

16 Application must be accompanied by payment of road user charges
  • (1) An application for a RUC licence under section 15 must be accompanied by—

    • (a) payment of the appropriate road user charges for the licence calculated in accordance with regulations made under section 79; and

    • (b) the administration fee (if any) for the licence.

    (2) However, subsection (1) does not apply if there is evidence (as prescribed by regulations made under section 81) that the RUC vehicle to which the application relates is registered under an appropriate alternative payment scheme.

    (2) However, subsection (1) does not apply if—

    • (a) there is evidence that the RUC vehicle to which the application relates is registered under an appropriate alternative payment scheme; or

    • (b) the licence has been issued, in accordance with regulations made under section 81, despite the road user charges (or part of the road user charges) payable for the licence not having been paid.

    Compare: 1977 No 124 s 9(1)

17 Issue of RUC licence
  • (1) RUC licences may be issued by the RUC collector in the manner that the RUC collector thinks fit.

    (2) A distance licence must not relate to more than 1 RUC vehicle.

    Compare: 1977 No 124 s 10(1)–(3)

18 Form of licence
  • (1) The RUC collector may approve RUC licences in printed format or to be displayed electronically.

    (2) A RUC licence approved under subsection (1) must—

    • (a) contain the information prescribed by regulations made under section 81:

    • (b) be notified in the Gazette.

    (3) After approving a licence under subsection (1), the RUC collector must publish a copy of the licence, or in the case of an electronic licence, a facsimile of the display of the licence, on an Internet site maintained by, or on behalf of, the RUC collector.

19 Display of RUC licence
  • (1) A RUC licence must be displayed in accordance with regulations made under section 81.

    (2) A person commits an offence if the person operates a RUC vehicle on a road without displaying a RUC licence for the vehicle in accordance with subsection (1).

    (3) A person who commits an offence against subsection (2) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $1,000:

    • (b) in the case of a body corporate, to a fine not exceeding $5,000.

    Compare: 1977 No 124 s 19(1)

20 Proof of purchase if RUC licence issued but not received by operator
  • (1) This section applies if a RUC licence has been issued for a RUC vehicle under section 17 but the operator of the vehicle has not received the licence.

    (2) Until the close of 7 days after the date on which the RUC licence was issued, an identical copy of the licence in a form approved by the RUC collector is sufficient evidence of the issue of the licence.

    Compare: 1977 No 124 s 19(3)

21 RUC licence must be produced on demand
  • (1) The owner or operator of a RUC vehicle for which a RUC licence has been issued must produce the licence immediately on demand by an enforcement officer.

    (2) The owner or operator of a RUC vehicle commits an offence if the owner or operator fails to comply with subsection (1).

    (3) An owner or operator of a RUC vehicle who commits an offence against subsection (2) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

    Compare: 1977 No 124 s 19(2)

22 Current distance licence to be provided to purchaser on sale of RUC vehicle person who acquires RUC vehicle
  • (1) In order to prevent a seller of a RUC vehicle from passing on that person's liability for road user charges to the purchaser of the RUC vehicle, the seller must provide to the purchaser person who acquires the RUC vehicle, the seller must provide to the acquirer of the vehicle on, or before, the date of delivery of the vehicle a distance licence for the RUC vehicle that will be current when the vehicle is delivered.

    (2) Subsection (1) is in addition to any provision in any other enactment that requires a person to produce any other document before the sale of the RUC vehicle.

    (3) A person commits an offence if the person fails to comply with subsection (1).

    (4) A person who commits an offence against subsection (3) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    Compare: 1977 No 124 s 10A

23 Offences relating to altering or defacing RUC licence
  • (1) A person commits an offence if the person—

    • (a) alters or defaces a RUC licence; or

    • (b) operates a RUC vehicle on a road where the RUC licence for the vehicle is altered or defaced.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    Compare: 1977 No 124 s 23(1)(b)–(e)

24 Offence of displaying anything on RUC vehicle likely to be mistaken for RUC licence
  • (1) A person commits an offence if the person, without reasonable excuse, displays, or causes to be displayed, on a RUC vehicle anything (not being a RUC licence) that is likely to be mistaken for a RUC licence.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

25 Offence of operating RUC vehicle on road with RUC licence obscured
  • (1) A person commits an offence if the person operates a RUC vehicle on a road with a RUC licence for the vehicle that is obscured or not easily distinguishable.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $1,000:

    • (b) in the case of a body corporate, to a fine not exceeding $5,000.

Subpart 3Payment of road user charges

26 Road user charges are debt due to the Crown
  • If a RUC licence is issued under section 17, the amount of road user charges and the administration fee (if any) payable for the licence are, until paid in full to the RUC collector,—

    • (a) a debt due to the Crown by the applicant for the RUC licence; and

    • (b) recoverable by the RUC collector in a court of competent jurisdiction.

    Compare: 1977 No 124 s 9(2)

27 Issue of RUC licence may be conditional on payment
  • If an applicant has a history of failing to pay the appropriate amount of road user charges at the time of making an application for a RUC licence, the issue of the licence may be made conditional on the applicant—

    • (a) paying the amount due for the licence by a method that is acceptable to the RUC collector; or

    • (b) giving an appropriate security in respect of that amount.

    Compare: 1977 No 124 s 10(7)

28 Penalty for late payment
  • (1) If any road user charges for a licence remain unpaid 3 months after the date on which they are payable, the person liable to pay the road user charges must pay an additional amount (a penalty) equal to 10% of the unpaid amount.

    (2) The RUC collector may recover the penalty from the person who owes the penalty in a court of competent jurisdiction.

    (3) A person liable to pay a penalty may apply in writing to the RUC collector for the whole, or any part, of the penalty to be cancelled.

    (4) The RUC collector may, if the RUC collector thinks it is appropriate in the circumstances of the case,—

    • (a) cancel the whole, or any part, of the penalty; or

    • (b) refund to the person who paid the penalty (either in whole or in part) the amount of the penalty, with or without the cancellation of any part of the penalty that has not been paid.

    (5) A penalty under this section is in addition to any other penalty to which the person may be liable under this Act.

    Compare: 1977 No 124 s 21A

29 Road user charges to be paid into national land transport fund
  • The following must be paid into a Crown bank account and treated as land transport revenue for the purposes of the Land Transport Management Act 2003:

    • (a) all road user charges (except a refund made under subpart 4 and GST payable in respect of a licence):

    • (b) a penalty imposed under this Act:

    • (c) any unpaid road user charges assessed as payable under section 48 (except GST payable in respect of those charges).

    Compare: 1977 No 124 s 22

30 Payment of administration fees received under this Act
  • (1) An administration fee received under this Act must be paid to the relevant prescribed recipient.

    (2) However, if there is no prescribed recipient to whom the administration fee is to be paid, the administration fee must be paid into a Crown bank account.

    (3) In this section, prescribed recipient means a person specified in regulations made under section 81 or in any other enactment as the person to whom the administration fee is payable.

    Compare: 1977 No 124 s 22AA

Subpart 4Refund and waiver of road user charges

Refund of road user charges

31 Refund of road user charges for off-road travel
  • (1) A person may apply to the RUC collector for the refund of the appropriate amount of road user charges paid by the person for a RUC vehicle if—

    • (a) the distance recorder fitted to the RUC vehicle has recorded distance travelled by the RUC vehicle while it was not on a road or was on a road that the RUC collector is satisfied is not maintained by public funds (off-road travel); and

    • (b) a distance licence relating to the RUC vehicle was current at the time.

    (2) An application under subsection (1) must—

    • (a) be in a form prescribed by the RUC collector; and

    • (b) contain the information required by the RUC collector to substantiate the application and enable the refund to be made.

    (3) The RUC collector must, as soon as practicable after being satisfied as to the accuracy of the application and the quality of the information provided to substantiate the application, refund (or cause to be refunded) the appropriate amount of road user charges calculated in accordance with the following formula:

    a × b = c

    where—

    a
    is the distance recorded by the distance recorder fitted to the RUC vehicle relating to off-road travel
    b
    is the road user charges per kilometre rate at the time the licence was purchased
    c
    is the amount of the refund.

    Compare: 1977 No 124 s 16

32 Refund of distance licence charge where new distance licence issued
  • If 2 distance licences that relate to the same RUC vehicle both apply to a common distance, the RUC collector must, as soon as practicable after issuing the second licence refund (or cause to be refunded) to the holder of that licence an amount calculated according to the following formula:

    a × b = c

    where—

    a
    is the distance in kilometres common to both licences
    b
    is the road user charges per kilometre rate for the licence issued first
    c
    is the amount of the refund.

    Compare: 1977 No 124 s 15

33 Surrender of RUC licence
  • (1) This section applies if—

    • (a) a RUC vehicle has had its registration cancelled in accordance with Part 17 of the Land Transport Act 1998; or

    • (b) the RUC collector is satisfied, in respect of a RUC licence for a RUC vehicle, that—

      • (i) a mistake has been made in the application for the licence; or

      • (ii) the distance recorder, or a registration plate, specified on the RUC licence has been removed from the RUC vehicle and a replacement RUC licence has been purchased; or

    • (c) the RUC collector is satisfied, in respect of the licence relating to a RUC vehicle, that for any other reason this section should apply.

    (2) The holder of the RUC licence may surrender the licence to the RUC collector.

    (3) The RUC collector must, as soon as practicable after a licence has been surrendered under subsection (2), refund (or cause to be refunded) to the holder of the licence the amount of road user charges paid for the licence calculated in accordance with the following formula:

    (a − b) × c = d

    where—

    a
    is the maximum reading specified on the licence
    b
    is the reading of the RUC vehicle's distance recorder at the time the application is made
    c
    is the road user charges per kilometre rate at the time the licence was purchased
    d
    is the amount of the refund.

    Compare: 1977 No 124 s 17

34 RUC collector may waive or refund road user charges if satisfied charge is excessive
  • (1) This section applies if, on application by the owner of a RUC vehicle, the RUC collector is of the opinion that the RUC vehicle type for the RUC vehicle will, or is likely to, result in payment of road user charges that are excessive in the circumstances.

    (2) The RUC collector may, in the RUC collector's absolute discretion, waive part of the road user charges payable for the RUC licence for the RUC vehicle.

    (3) In forming an opinion under subsection (1), the RUC collector may only have regard to the road wear that is likely to be caused by the RUC vehicle.

    (4) If, in respect of an application under subsection (1), the owner has paid all of the road user charges for the licence, the RUC collector may refund that part of the road user charges for the licence considered to be excessive.

    Compare: 1977 No 124 s 9(3)

Other provisions relating to refunds

35 Application for refund or waiver to be verified
  • (1) The RUC collector may, before or after a refund or waiver of road user charges is made in accordance with any of section 31 to 34, require the applicant to produce for inspection any document or other information in the applicant's possession or control that the RUC collector considers relevant to the application for refund or waiver.

    (2) The RUC collector may take extracts from, make copies of, or remove any documents or other information for the purpose of copying them that are produced under subsection (1) produced under subsection (1) for the purpose of copying them.

    (3) If any document or other information is removed under subsection (2), the RUC collector must return the document or other information as soon as practicable to the applicant.

    (4) The RUC collector may require the applicant for a refund or waiver to verify any information contained in any document or other information produced by the applicant under subsection (1) and may—

    • (a) refuse to act on any information that is not verified to the RUC collector's satisfaction; and

    • (b) recover any refund or cancel any waiver if the refund or waiver was made in reliance on incorrect or unverified information.

    Compare: 1977 No 124 ss 17A, 23(1)(ea)

36 Further provisions relating to refunds
  • (1) Despite any other provision of this Act,—

    • (a) no refund may be made for an amount that is less than $20:

    • (b) in calculating the amount of a refund payable for a licence, the RUC collector must allow for—

      • (i) any refund paid or payable for the licence under any other provision of this Act:

      • (ii) any debt due by the applicant to the Crown for road user charges under this Act:

    • (c) if an application for a refund is based wholly or in part on an alleged hubodometer failure,—

      • (i) the RUC collector may, by notice in writing, require the operator of the RUC vehicle to which the hubodometer relates to produce the hubodometer for inspection at a place appointed for the purpose by the RUC collector; and

      • (ii) the hubodometer must be retained by the applicant until the RUC collector has made a decision regarding the refund; and

      • (iii) no refund may be given if the hubodometer cannot be produced on demand:

    • (d) all money refunded or waived in error, whether of fact or of law, under any provision of this Act is recoverable by the RUC collector as a debt due to the Crown:

    • (e) if a refund is calculated by reference to the road user charges 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.

    (2) Road user charges must not be refunded under section 31, 32, or 33 after the expiry of 2 years from the date of issue of the licence for which the application for a refund is made, unless—

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

    • (b) the RUC collector otherwise determines in any particular case.

    (3) Only 1 refund application per RUC licence may be made under section 31, unless the RUC collector otherwise determines in any particular case.

    Compare: 1977 No 124 s 18(a)–(c), (cb)–(e)

37 Cancellation of debts
  • If the RUC collector is satisfied that the person held liable for a debt relating to unpaid road user charges was not the person responsible for incurring the debt, the RUC collector may cancel the person's liability for all or part of the debt.

Subpart 4AExemptions from requirement to pay road user charges

Exemptions by Order in Council

37A Exemption of light electric RUC vehicles by Order in Council
  • (1) The Governor-General may, by Order in Council, specify the period during which road user charges are not payable in respect of light electric RUC vehicles.

    (2) An order made under subsection (1)

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

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

    Compare: 1977 No 124 s 24(1)(ga), (1A)

37B Exemption of RUC vehicles unsuitable for regular road use by Order in Council
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, specify any 1 or more classes of RUC vehicles in respect of which road user charges are not payable.

    (2) The Minister must not recommend the making of an order under subsection (1) unless the Minister is satisfied that—

    • (a) the exemption is necessary because the purpose or design of the class of RUC vehicle means that the class of vehicle is unsuitable for regular road use; and

    • (b) requiring road user charges to be paid in respect of the class of RUC vehicle would impose compliance costs that are disproportionate to the likely amount of road use by the class of vehicle.

    Compare: 1977 No 124 s 24(1)(ga)

Exemptions granted by RUC collector

37C RUC collector may exempt particular RUC vehicle unsuitable for regular road use
  • (1) The RUC collector may, by notice in the Gazette, grant an exemption from the requirement to pay road user charges in respect of any particular RUC vehicle specified in the notice.

    (2) The RUC collector must not grant an exemption under subsection (1) unless the RUC collector is satisfied that—

    • (a) the exemption is necessary because the purpose or design of the particular RUC vehicle means that it is unsuitable for regular road use; and

    • (b) requiring road user charges to be paid in respect of the particular RUC vehicle would impose compliance costs that are disproportionate to the likely amount of road use by the RUC vehicle.

    (3) An exemption granted under subsection (1)

    • (a) expires on the date that is 5 years after the date on which the notice granting it was made; and

    • (b) must state—

      • (i) the registration number of the particular RUC vehicle (or any other alternative unique identifier for the vehicle) and the make and model (if known) of the vehicle; and

      • (ii) the reason for the exemption (including why the exemption is appropriate).

37D Exemption relating to light RUC vehicle operated almost exclusively off-road
  • (1) An owner or operator of a light RUC vehicle may apply to the RUC collector for an exemption from the requirement to pay road user charges in respect of the light RUC vehicle to which the application relates.

    (2) An application under subsection (1) must—

    • (a) be made in the manner specified by the RUC collector; and

    • (b) contain the information prescribed by regulations made under section 81; and

    • (c) be accompanied by the prescribed fee (if any).

    (3) The RUC collector may grant an exemption in respect of an application made under subsection (1) if the RUC collector is satisfied that the light RUC vehicle to which the application relates—

    • (a) belongs to a class of light RUC vehicles prescribed by regulations made under section 81 for which an exemption may be granted; and

    • (b) will be operated almost exclusively off-road; and

    • (c) satisfies any other criteria prescribed by regulations made under section 81 in order to qualify for the exemption.

    (4) An exemption granted under subsection (3) may be subject to any terms and conditions prescribed by regulations made under section 81.

    (5) A person commits an offence in respect of an application for an exemption under subsection (1) if the person provides information that the person knows, or ought to have known, is incorrect in a material particular.

    (6) A person who commits an offence against subsection (4) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

37E Monitoring of exemption granted under section 37D
  • If an exemption is granted in respect of a light RUC vehicle under section 37D, the RUC collector may monitor the ongoing operation of the vehicle in accordance with any prescribed terms and conditions of the exemption to determine whether the vehicle is being operated—

    • (a) almost exclusively off-road; and

    • (b) in accordance with the terms and conditions of the exemption.

37F Revocation and expiry of exemption granted under section 37D
  • (1) The RUC collector may, by notice in writing to the holder of the exemption, revoke an exemption granted under section 37D if the RUC collector is satisfied that—

    • (a) the holder of the exemption has supplied information that is incorrect in a material particular in respect of the application for the exemption; or

    • (b) the light RUC vehicle to which the exemption relates has not been, or is not being, operated in accordance with any terms and conditions of the relevant exemption.

    (2) If the holder of an exemption granted under section 37D sells the vehicle to which the exemption relates, the exemption in respect of the vehicle expires on the date on which the Registrar of Motor Vehicles first receives notification of the particulars of the sale in accordance with section 247 of the Land Transport Act 1998 from either—

    • (a) the seller of the vehicle; or

    • (b) the person who acquires the vehicle.

    (3) If an exemption is revoked under subsection (1), the RUC collector—

    • (a) must notify the owner or operator of the light RUC vehicle of the date on which the revocation takes effect; and

    • (b) may issue an assessment under section 48(1) to the owner or operator of the light RUC vehicle for any unpaid road user charges for any distance travelled by the vehicle that exceeds the distance permitted under any terms and conditions of the exemption.

    (4) To avoid doubt, the RUC collector may not issue an assessment under section 48(1) until after the date on which the revocation takes effect.

Subpart 5Electronic system providers

38 RUC collector may approve electronic system provider
  • (1) The RUC collector may, on application in writing, approve an electronic system provider to—

    • (a) provide electronic distance recorders; and

    • (b) issue electronic licences.

    (2) Before granting an approval under subsection (1), the RUC collector must be satisfied that—

    • (a) the applicant’s electronic system is secure and reliable; and

    • (b) any electronic distance recorder provided by the applicant—

      • (i) is fit for the purpose; and

      • (ii) meets any requirements specified in regulations made under section 81.

    (3) An approval under subsection (1)

    • (a) must be notified in the Gazette; and

    • (b) may be on the terms and conditions that the RUC collector thinks fit; and

    • (c) may be varied or revoked by the RUC collector by notice in writing to the electronic system provider concerned.

    (4) The RUC collector may, by notice in the Gazette, issue a code of practice to assist electronic system providers in complying with the requirement in subsection (2)(b)(i) for an electronic distance recorder to be fit for the purpose.

    (5) If a code of practice is issued under subsection (4), the RUC collector must make a copy of the code of practice available on an Internet site maintained by, or on behalf of, the RUC collector.

39 Obligation of electronic system provider to report tampering
  • (1) An electronic system provider who knows, or has reasonable grounds to suspect, that any electronic system has been, or may have been, tampered with must, within 5 working days of becoming aware of the tampering or suspected tampering, report the matter to the RUC collector.

    (2) A report under subsection (1) must—

    • (a) be made in the form approved by the RUC collector for the purpose; and

    • (b) contain any information required by the electronic system provider's approval under section 38 terms and conditions of the electronic system provider's approval under section 38(3)(b).

    (4) If an electronic system provider has made a report to the RUC collector under subsection (1), the electronic system provider must not disclose to any person other than the RUC collector—

    • (a) that the electronic system provider has made that report; or

    • (b) any information from which the person to whom the disclosure is made could reasonably infer that the electronic system provider has made that report.

    (5) In this section, tamper, in relation to an electronic system, means—

    • (a) engage in conduct that results in, or is likely to result in,—

      • (i) the system being altered; or

      • (ii) the system or any part of the system being used in a way that is not in accordance with the terms and conditions of the electronic system provider’s approval under section 38; or

      • (iii) any road user charges data that the system uses internally being altered; or

    • (b) engage in conduct with the intention of causing the electronic system to—

      • (i) fail to collect RUC information; or

      • (ii) fail to record distances travelled by a RUC vehicle correctly; or

      • (iii) fail to store or report RUC information or to store or report RUC information correctly.

40 Disclosure and management of RUC information by electronic system provider
  • (1) This section applies if a person has failed to produce records or other information under section 60(1) in relation to a RUC vehicle, or if the RUC collector has reasonable grounds to believe that the records or other information produced is false, inaccurate, or misleading.

    (2) An electronic system provider must, on written request by the RUC collector, disclose any RUC information to the RUC collector that is, or may be, required for the purposes of issuing an assessment under section 48(1).

    (3) The provisions in Schedule 1 apply to the management of RUC information by an electronic system provider.

Offences

41 Offences relating to electronic system providers
  • (1) An electronic system provider commits an offence if the electronic system provider,—

    • (a) without reasonable excuse, fails to report to the RUC collector any tampering or suspected tampering with an electronic system as required by section 39(1); or

    • (b) knowingly provides false or misleading information to the RUC collector.

    (2) An electronic system provider who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $75,000.

42 Offences relating to electronic distance recorders
  • (1) A person commits an offence if the person operates a RUC vehicle on a road while displaying a thing (not being an electronic distance recorder) that the operator knows, or ought to have known, is likely to be mistaken for an electronic distance recorder.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

Subpart 6Hubodometers

43 RUC collector may approve hubodometer
  • (1) The RUC collector may approve hubodometers for the purposes of this Act.

    (2) An approval under subsection (1)

    • (a) must be notified in the Gazette; and

    • (b) may be on the terms and conditions that the RUC collector thinks fit; and

    • (c) may be varied or revoked by the RUC collector by notice in the Gazette.

    (3) The RUC collector must maintain a list of hubodometers approved under subsection (1) on an Internet site maintained by, or on behalf of, the RUC collector.

44 Restrictions on fitting of hubodometer
  • (1) A person must not, without the consent of the RUC collector, fit a hubodometer to a RUC vehicle for the purposes of this Act if the person knows, or ought to have known, that—

    • (a) the hubodometer has previously been fitted to the RUC vehicle; and

    • (b) the RUC vehicle has been operated after the removal, loss, or displacement of the hubodometer from the RUC vehicle.

    (2) A person must not, without the consent of the RUC collector, fit a hubodometer to a RUC vehicle for the purposes of this Act if the person knows, or ought to have known, that—

    • (a) the hubodometer has previously been fitted to another motor vehicle for the purposes of this Act; and

    • (b) the other motor vehicle is still registered under Part 17 section 242 of the Land Transport Act 1998.

    (3) A person commits an offence if the person contravenes subsection (1) or (2).

    (4) A person who commits an offence against subsection (3) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

    Compare: 1977 No 124 ss 22A, 23(1)(fa)

45 Removal and retention of hubodometer or licence by enforcement officer
  • (1) An enforcement officer may for the purposes of any criminal proceedings remove, or require the removal of, a hubodometer from a RUC vehicle for the purpose of inspection to determine whether the hubodometer—

    • (a) has been tampered with or modified; or

    • (b) is faulty or inaccurate; or

    • (c) has an obscured distance reading; or

    • (d) does not have a serial number, has an obscured serial number, or has a serial number that is identical to that of another hubodometer of the same make.

    (2) An enforcement officer may seize and retain—

    • (a) a hubodometer removed from a RUC vehicle under subsection (1) if the enforcement officer has reasonable grounds to believe that any of the circumstances in that subsection apply:

    • (b) a licence displayed on a RUC vehicle, or produced to the enforcement officer by the operator of the vehicle, if the enforcement officer has reasonable grounds to believe that the licence—

      • (i) has been altered or forged; or

      • (ii) does not comply with section 9(2) or 10(1); or

      • (iii) has expired in accordance with this Act; or

      • (iv) is otherwise invalid.

    (3) If a hubodometer or licence is seized and retained by an enforcement officer under subsection (2), the operator of the RUC vehicle from which the hubodometer or licence was removed may cause the RUC vehicle to be moved for a distance not exceeding 500 kilometres as may be necessary for the purpose of obtaining a replacement hubodometer or licence (or both).

    (4) An enforcement officer who believes on reasonable grounds that a hubodometer fitted to a RUC vehicle does not comply with any requirements of this Act or regulations made under section 81 may give the owner or operator of the RUC vehicle a notice stating that the vehicle must be fitted, within a distance not exceeding 500 1 000 kilometres, with a replacement hubodometer that accurately records the distance travelled by the vehicle.

46 RUC collector may seize and retain hubodometer and licence
  • For the purposes of issuing an assessment under section 48(1), the RUC collector may seize and retain—

    • (a) a hubodometer fitted to a RUC vehicle, or a hubodometer removed from a RUC vehicle by an enforcement officer under section 45, if the RUC collector has reasonable grounds to believe that the hubodometer—

      • (i) has been tampered with or modified; or

      • (ii) is faulty or inaccurate; or

      • (iii) has an obscured distance reading; or

      • (iv) does not have a serial number, has an obscured serial number, or has a serial number that is identical to that of another hubodometer of the same make; and

    • (b) a RUC licence displayed on a RUC vehicle, or produced to an enforcement officer under section 21, if the RUC collector has reasonable grounds to believe that the licence—

      • (i) has been altered or forged; or

      • (ii) has expired in accordance with this Act; or

      • (iii) is otherwise invalid.

    Compare: 1962 No 135 s 69D

Offences

47 Offences relating to hubodometers
  • (1) A person commits an offence if the person—

    • (a) operates a RUC vehicle on a road where the hubodometer fitted to the vehicle does not have a serial number, has an obscured serial number, or has a serial number that is identical to that of another hubodometer of the same make; or

    • (b) operates a RUC vehicle on a road where the distance reading of the hubodometer fitted to the vehicle is obscured; or

    • (c) operates, without the prior written consent of the RUC collector, a RUC vehicle on a road where the hubodometer fitted to the vehicle is under-recording the distance travelled because it is designed for a different tyre size than the tyre fitted to the wheel on which the hubodometer is fitted.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $3,000:

    • (b) in the case of a body corporate, to a fine not exceeding $15,000.

    Compare: 1977 No 124 s 23(1)(fb)

Part 3
Assessment of unpaid road user charges

Subpart 1RUC collector may issue assessment for unpaid road user charges

48 RUC collector may issue assessment for unpaid road user charges
  • (1) If the RUC collector forms the opinion that the owner or operator of a RUC vehicle is liable for any unpaid road user charges in respect of the RUC vehicle, the RUC collector may issue an assessment to the owner or operator for the amount of unpaid road user charges (including GST payable in respect of those charges).

    (2) In forming an opinion under subsection (1), the RUC collector may use—

    • (a) any information provided voluntarily by the owner or operator of the RUC vehicle; or

    • (ab) any RUC information disclosed to the RUC collector by an electronic system provider under section 40(2); or

    • (b) any information down-loaded from the RUC vehicle's vehicle management system and retained under section 57; or

    • (c) any distance recorder information reported to the RUC collector by a vehicle inspector following an inspection of the RUC vehicle under section 58(1) section 58 or provided by an enforcement officer; or

    • (d) any information provided during an inspection of records under section 60 or business records under section 61 relating to the RUC vehicle; or

    • (e) any information already held by the RUC collector relating to the RUC vehicle.

    (3) The RUC collector must inform the owner or operator of the RUC vehicle who is issued with an assessment of—

    • (a) the reasons for the assessment; and

    • (b) how the assessment was calculated (including calculations for each individual RUC vehicle); and

    • (c) the right to seek a review of the assessment under section 50.

    (3A) For the purposes of subsection (3)(b), the assessment must be calculated using the rate of road user charges in force on the date on which the assessment is issued.

    (4) The owner or operator of a RUC vehicle who is issued with an assessment must—

    • (a) pay the unpaid road user charges specified in the assessment within 2 months of the date specified on the assessment, unless the owner or operator has entered into an instalment arrangement under section 55 in respect of the unpaid amount; or

    • (b) notify the RUC collector, within 10 working days of the date specified on the assessment, that the owner or operator requests a review under section 50.

    • (b) apply to the RUC collector, within 20 working days of the date specified on the assessment, for a review of the assessment under section 50.

    (5) An owner or operator of a RUC vehicle who is issued with an assessment is not required to pay any unpaid road user charges for any period more than 6 years immediately before the date specified on the assessment.

Amendment of assessment

49 RUC collector may amend assessment
  • (1) The RUC collector may, at any time, amend an assessment issued under section 48(1), if the RUC collector considers it necessary in order to ensure that the assessment is correct, even though any amount of unpaid road user charges specified in the assessment may have been paid.

    (2) If an amended assessment has the effect of—

    • (a) reducing or cancelling any liability for unpaid road user charges, the RUC collector must give notice of that reduction or cancellation to the owner or operator liable to pay the unpaid road user charges:

    • (b) imposing any fresh liability or increasing any existing liability for unpaid road user charges, the RUC collector must issue a new assessment under section 48(1) to the owner or operator liable to pay the unpaid road user charges.

    (3) If an amended assessment has the effect of reducing or cancelling any liability of the owner or operator that has already been paid, the RUC collector must, within 5 working days of the date specified on the notice issued under section (2)(a), refund the difference between—

    • (a) the amount specified in the original assessment issued to the operator under section 48(1); and

    • (b) the amount specified in the amended assessment under subsection (1).

    (4) To avoid doubt, the amount to be refunded under subsection (3) includes—

    • (a) any penalty that has already been paid in relation to the original assessment under section 52:

    • (b) any interest paid in relation to that amount, if an instalment arrangement has been entered into under section 55.

    Compare: 1994 No 166 s 113

Review of assessment

50 Review of assessment
  • (1) The owner or operator of a RUC vehicle who is issued with an assessment under section 48(1), or a person authorised by the owner or operator in writing, may apply to the RUC collector for a review of the assessment on the grounds that—

    • (a) the assessment is incorrect in a material particular; or

    • (b) the owner or operator of the RUC vehicle was not the person responsible for incurring the unpaid road user charges.

    (2) An application for review must—

    • (aa) be in writing; and

    • (a) include the full name, telephone number, and address of the applicant; and

    • (b) if the applicant is not the owner or operator to whom the assessment was issued, include a written authorisation from the owner or operator for the applicant to act on the owner or operator's behalf; and

    • (c) specify the grounds for review; and

    • (d) provide any evidence that may be required to substantiate the grounds for review.

    (3) If the RUC collector receives an application for a review, the RUC collector must, within 3 working days of receiving the application, confirm receipt of the application and specify the date on which the application was received.

    (4) The RUC collector must, within 20 working days of receiving an application for a review (or any longer period that the RUC collector considers to be necessary or appropriate), arrange for an appropriately qualified independent person to review the assessment within a time frame specified by the RUC collector, taking into account any evidence provided under subsection (2)(d) by the applicant.

    (5) If, following a review under subsection (4), the RUC collector—

    • (a) confirms, reduces, or cancels the assessment of any unpaid road user charges, the RUC collector must give notice of that confirmation, reduction, or cancellation to the person who applied for the review within 10 working days of the decision give, within 10 working days of the decision, notice of that confirmation, reduction, or cancellation to the person who applied for the review:

    • (b) increases the amount of the original assessment of unpaid road user charges, the RUC collector must issue a new assessment under section 48(1) to the owner or operator of the RUC vehicle.

    (6) For the purposes of subsection (5)(b), the new assessment must be calculated using the rate of road user charges in force on the date on which the original assessment was issued.

Penalties

52 Penalty for failure to pay after assessment
  • (1) A person who fails to pay any unpaid road user charges specified in an assessment issued under section 48(1) must pay an additional amount (a penalty) as follows:

    • (a) for an amount that remains unpaid 2 months after the date specified on the assessment, 10% of the unpaid amount; and

    • (b) for an amount that remains unpaid after 3 months after the date specified on the assessment, 10% of the unpaid amount and the penalty imposed under paragraph (a).

    (2) However, subsection (1) does not apply if—

    • (a) the person has applied for a review of the assessment under section 50; or

    • (b) the person has entered into an instalment arrangement under section 55 and the RUC collector is satisfied that the person is meeting the person's obligations under the arrangement.

52A Penalty for failure to pay after receipt of notice under section 50(5)(a)
  • (1) This section applies to a person who—

    • (a) has received a notice under section 50(5)(a) confirming or reducing the amount of the person's liability for unpaid road charges following a review under that section; and

    • (b) fails to pay the amount of unpaid road user charges specified in the notice.

    (2) The person must pay an additional amount (a penalty) as follows:

    • (a) for an amount that remains unpaid after 1 month of the date specified on the notice given under section 50(5)(a), 10% of the unpaid amount; and

    • (b) for an amount that remains unpaid after 2 months of the date specified on the notice given under section 50(5)(a), 10% of the unpaid amount and the penalty imposed under paragraph (a).

53 Penalty for failure to pay after issue of new assessment
  • (1) This section applies to a person who—

    • (a) has been issued with a new assessment for unpaid road user charges following a review as provided in section 50(5)(b); and

    • (b) fails to pay the amount of unpaid road user charges specified in the new assessment.

    (2) The person must pay an additional amount (a penalty) as follows:

    • (a) for an amount that remains unpaid after 2 months of the date specified on the new assessment, 10% of the unpaid amount; and

    • (b) for an amount that remains unpaid after 3 months of the date specified on the new assessment, 10% of the unpaid amount and the penalty imposed under paragraph (a).

53 Penalty for failure to pay after issue of amended assessment or new assessment
  • (1) This section applies to a person who—

    • (a) has been issued with—

      • (i) an amended assessment for unpaid road user charges as provided in section 49(2)(b); or

      • (ii) a new assessment for unpaid road user charges following a review as provided in section 50(5)(b); and

    • (b) fails to pay the amount of unpaid road user charges specified in the amended assessment or new assessment (as the case may be).

    (2) The person must pay an additional amount (a penalty) as follows:

    • (a) for an amount that remains unpaid after 2 months of the date specified on the amended assessment or new assessment, 10% of the unpaid amount; and

    • (b) for an amount that remains unpaid after 3 months of the date specified on the amended assessment or new assessment, 10% of the unpaid amount and the penalty imposed under paragraph (a).

    (3) However, subsection (2) does not apply if—

    • (a) the person has applied for a review of the assessment under section 50; or

    • (b) the person has entered into an instalment arrangement under section 55 and the RUC collector is satisfied that the person is meeting the person’s obligations under the arrangement.

54 RUC collector may cancel penalty
  • (1) A person who has become liable to pay a penalty under section 52, 52A, or 53 may apply in writing to the RUC collector for the whole, or any part, of the penalty to be cancelled.

    (2) The RUC collector may, if the RUC collector thinks it is appropriate in the circumstances of the case,—

    • (a) cancel the whole, or any part, of the penalty; or

    • (b) refund to the person who paid the penalty (either in whole or in part) the amount of the penalty, with or without the cancellation of any part of the penalty that has not been paid.

    (2) The RUC collector may, if the RUC collector thinks it is appropriate in the circumstances of the case,—

    • (a) cancel the whole, or any part, of the penalty:

    • (b) refund to the person who has paid the penalty, the whole or any part of the penalty that has been paid.

Recovery of unpaid road user charges and penalties

54A Recovery of unpaid road user charges and penalties
  • An amount of unpaid road user charges specified by the RUC collector in the assessment issued under section 48(1) and any penalty imposed in relation to that amount under section 52, 52A, or 53 are—

    • (a) a debt due to the Crown; and

    • (b) recoverable by the RUC collector in a court of competent jurisdiction.

Instalment arrangements

55 Instalment arrangements
  • (1) A person issued with an assessment under section 48(1) may request the RUC collector to enter into an arrangement where the person agrees to pay the amount specified in the assessment by instalment (an instalment arrangement).

    (2) On receiving a request under subsection (1), the RUC collector may—

    • (a) accept the request if the RUC collector considers it necessary or desirable to do so in order to maximise recovery of unpaid road user charges; or

    • (b) seek further information from the person who made the request; or

    • (c) make a counter-offer to the person who made the request; or

    • (d) refuse the request.

    (3) The RUC collector may refuse a request for an instalment arrangement under subsection (2)(d) if the RUC collector is satisfied on reasonable grounds that—

    • (a) entering into an instalment arrangement would not maximise the recovery of unpaid road user charges from the person; or

    • (b) the person who made the request is able to pay all of the unpaid road user charges immediately; or

    • (c) the request is frivolous or vexatious; or

    • (d) the person who made the request has not met the person's obligations under a previous instalment arrangement.

    (4) The RUC collector may cancel an instalment arrangement with a person if—

    • (a) it was entered into on the basis of false or misleading information provided by the person; or

    • (b) the person is not meeting the person's obligations under the arrangement.

    (4A) To avoid doubt, if an instalment arrangement is cancelled under subsection (4) the amount of any outstanding unpaid road user charges at the time of cancellation—

    • (a) remains in force; and

    • (b) may be recovered by the RUC collector in accordance with section 54A.

    (5) A person who has entered into an instalment arrangement with the RUC collector under subsection (1) may request a renegotiation of the arrangement at any time and, if a request for renegotiation of the instalment arrangement is made, subsection (2) applies to that request.

    (6) An interest charge may be applied to any payments made under an instalment arrangement entered into under this section at the rate determined under section 120E(1)(a) of the Tax Administration Act 1994.

Other provisions

56 Validity of assessments
  • An assessment made by the RUC collector under section 48(1) is not invalid merely because of a failure by the RUC collector to comply with—

    • (a) section 49(3); or

    • (b) 50(3) and (4).

    Compare: 1994 No 166 s 114

57 RUC collector may take information from vehicle management system
  • For the purpose of issuing an assessment under section 48(1), the RUC collector may—

    • (a) apply an electronic device to a RUC vehicle to down-load information from the vehicle's vehicle management system; and

    • (b) retain information taken from the vehicle management system, but only as far as the information relates to the distance travelled by the RUC vehicle.

58 Vehicle inspection records
  • (1) If, during a vehicle inspection of a RUC vehicle, a vehicle inspector finds that the reading on the distance recorder for the vehicle exceeds the maximum reading of the vehicle’s distance licence, the vehicle inspector must report that finding to the RUC collector.

    (2) If the RUC collector receives information from a vehicle inspector under subsection (1), the RUC collector may rely on that information for the purpose of issuing an assessment under section 48(1).

58 Vehicle inspector to provide report to RUC collector
  • Following a vehicle inspection of a RUC vehicle, the vehicle inspector must report the reading on the vehicle's distance recorder to the RUC collector.

Records

59 Certain persons must make and retain records
  • (1) This section applies to a person who holds, or has held, a transport service licence (other than a rental service licence).

    (2) The person must—

    • (a) keep records in relation to each RUC vehicle that the person owns or operates; and

    • (b) retain those records for the purposes of this Act,—

      • (i) in the case of an entry in a logbook in respect of a RUC vehicle or RUC vehicles, for a period of 1 year from the date of entry:

      • (ii) in the case of any permit issued under section 5 of Part 1 of the VDAM Rule 2002 in respect of the RUC vehicle or vehicles, 1 year from the date of expiry of the permit:

      • (iii) in the case of records for maintenance in respect of the RUC vehicle or RUC vehicles, 2 years from the date of the record:

      • (iv) in the case of invoices for fuel and maintenance in respect of the RUC vehicle or RUC vehicles, for a period of 6 years from the date of the invoice:

      • (v) in the case of invoices relating to cartage by, or use of, the RUC vehicle or RUC vehicles, 6 years from the date of the invoice: invoice; and

      • (vi) in the case of an entry in timekeeping records, 6 years from the date of the entry; and

    • (c) produce the records for inspection if required by the RUC collector under section 60.

    (3) Records required to be kept under subsection (2) may not be used as evidence in a prosecution for a work time or logbook offence under the Land Transport Act 1998, except as provided for under Part 4B of the Land Transport Act 1998.

    (5) A person commits an offence if the person, without reasonable excuse, fails to comply with subsection (2).

    (6) A person who commits an offence against subsection (5) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $25,000:

    • (b) in the case of a body corporate, to a fine not exceeding $100,000.

60 Inspection of records or other information
  • (1) For the purpose of issuing an assessment under section 48(1), or otherwise ascertaining whether the provisions of this Act have been, or are being, complied with by any person to whom this Act applies, the RUC collector may require that person to produce for inspection any records or other information in that person's possession or control (including records required to be kept by a transport service operator under section 59) that are relevant to the use and maintenance of a RUC vehicle.

    (2) The RUC collector may, in relation to any records or other information produced under subsection (1),—

    • (a) take extracts from the records or other information:

    • (b) make copies of the records or other information at the place of inspection:

    • (c) remove the records or other information if the RUC collector is satisfied that it is impracticable to copy the records or other information at the place of inspection.

    (3) If the RUC collector removes any records or other information under subsection (2)(c), the RUC collector must—

    • (aa) issue a receipt for the records or other information to the person from whom the records or other information was taken; and

    • (a) return the records or other information as soon as practicable; and

    • (b) for as long as the records or other information is held by the RUC collector, allow the person from whom the records or other information was taken, at any reasonable time, to inspect, and obtain copies of, the records or other information at the premises where the records or other information is held.

    (4) A person commits an offence if the person knowingly produces false records or information under subsection (1).

    (5) A person who commits an offence against subsection (4) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $15,000:

    • (b) in the case of a body corporate, to a fine not exceeding $75,000.

61 Access to business records held by third parties in relation to RUC vehicle
  • (1) This section applies if a person has failed to produce records or other information under section 60(1) in relation to a RUC vehicle, or if the RUC collector has reasonable grounds to believe that the records or other information produced is false, inaccurate, or misleading.

    (2) The RUC collector may request require any person who has serviced, maintained, supplied, or contracted for the use of the RUC vehicle to produce that person's business records in relation to that RUC vehicle for the purpose of—

    • (a) verifying the records or other information produced under section 60(1); or

    • (b) establishing the RUC vehicle’s use and maintenance history.

    (2A) The RUC collector may, in relation to any business records produced under subsection (2),—

    • (a) take extracts from the business records:

    • (b) make copies of the business records at the place of inspection:

    • (c) remove the business records if the RUC collector is satisfied that it is impracticable to copy the records at the place of inspection.

    (3) The RUC collector may retain any business records produced under subsection (2), and, if any records are retained, the RUC collector must—

    • (aa) issue a receipt for the business records to the person from whom the records were taken; and

    • (a) return the business records as soon as practicable; and

    • (b) for as long as the business records are held by the RUC collector, allow the person from whom the business records were taken, at any reasonable time, to inspect and obtain copies of the records at the premises where the records are held.

    (4) A person commits an offence if the person, without reasonable excuse, fails to comply with subsection (2).

    (5) A person who commits an offence against subsection (4) is liable on conviction to a fine not exceeding $15,000.

Subpart 2Appeal against review of assessment

62 Appeal to District Court against notice issued under section 50(5)(a)
  • (1) A person may appeal to a District Court against a notice issued by the RUC collector under section 50(5)(a) that confirms or reduces an assessment of unpaid road user charges.

    (2) If an appeal is made under subsection (1), the District Court must determine whether the notice issued by the RUC collector is appropriate.

63 Procedure for appeal
  • (1) An appeal under section 62 must be brought no later than 28 days after the date on which the appellant was notified under this Act of the review decision appealed against.

    (2) In considering an appeal,—

    • (a) a District Court may hear all evidence tendered and representations made by, or on behalf of, any party to the appeal that the court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in the Court; and

    • (b) the court may—

      • (i) confirm, reverse, or modify the decision appealed against, and make the orders and give the directions to the RUC collector that may be necessary to give effect to the court’s decision; or

      • (ii) refer the matter back to the RUC collector with directions to reconsider the whole or any part of the matter.

    (3) Except as provided in this section, the appeal must be made and determined in accordance with the District Courts Act 1947 and the District Courts Rules 2009.

    (4) Subject to sections 64 and 65, the decision of the District Court on an appeal under section 62 is final.

    Compare: 1989 No 74 s 59

Further appeals

64 Appeal to High Court on question of law
  • (1) A party to an appeal under section 62 who is dissatisfied with the decision of the District Court on the ground that it is wrong in law may appeal to the High Court on that question of law.

    (2) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

    Compare: 1989 No 74 s 60

65 Further appeals to Court of Appeal or Supreme Court
  • (1) With the leave of the court appealed to, a party to an appeal under section 64 may appeal to the Court of Appeal or the Supreme Court against any decision of the High Court in the appeal.

    (2) On an appeal under this section, the Court of Appeal or the Supreme Court has the same power to adjudicate on the proceedings as the High Court had.

    (3) Subsection (1) is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

66 Notice issued under section 50(5)(a) to continue in force pending appeal
  • A notice issued by the RUC collector under section 50(5)(a) confirming or reducing an amount of unpaid road user charges continues in force pending the determination of the appeal under section 62, 64, or 65, and no person is excused from complying with a provision of this Act on the grounds that an appeal is pending.

67 Obligation to pay penalty not suspended by appeal
  • The obligation to pay and the right to receive and recover a penalty imposed under section 52, 52A, or 53 are not suspended by any appeal under this subpart.

67A RUC collector must refund overpayment of road user charges
  • (1) If a person has received a notice under section 50(5)(b) section 50(5)(a) that reduces or cancels the person's liability for unpaid road user charges or the person is successful in an appeal under section 62, 64, or 65, the RUC collector must refund to the person—

    • (a) any amount of road user charges that the person has paid but was not required to pay (an overpayment); and

    • (b) the amount of any penalty paid in respect of the overpayment.

    (2) The RUC collector must pay interest on any refunded overpayment and any refunded penalty at a rate to be determined under section 120E(1) to (3) of the Tax Administration Act 1994.

    (3) For the purpose of establishing the applicable interest rate under subsection (2), the formula in section 120E(1) of the Tax Administration Act 1994 applies with the following modifications:

    • (a) t is the refunded overpayment and any refunded penalty; and

    • (b) r is the RUC collector’s paying rate, which is deemed to be the same as the Commissioner’s paying rate as defined in section 120C(1) of the Tax Administration Act 1994.

Part 4
Enforcement and other matters

Subpart 1Enforcement

67B Interpretation
  • In this subpart,—

    infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under section 81 as the infringement fee for the offence

    infringement notice means an infringement notice issued under section 139(1) of the Land Transport Act 1998 in respect of an infringement offence under this Act

    infringement offence means—

    • (a) an offence against section 10(2):

    • (b) an offence against any other provision of this Act that is prescribed as an infringement offence for the purposes of this Act by regulations made under section 81

    specified offence means an offence against this Act where a person is liable on conviction,—

    • (a) in the case of an individual, to a fine of $15,000 or more:

    • (b) in the case of a body corporate, to a fine of $75,000 or more.

Proceedings for offences generally

68 Proceedings for offences generally
  • (1) An offence against this Act is punishable on summary conviction.

    (2) Despite section 14 of the Summary Proceedings Act 1957, an information for—

    • (a) a specified offence may be laid at any time within 5 years after the time when the matter giving rise to the information arose:

    • (b) for any other offence against this Act may be laid within 1 year after the time when the matter giving rise to the information arose.

70 Admissibility of certain statements
  • (1) Despite any enactment or rule of law, a statement referred to in subsection (2) made to an enforcement officer by the driver of a RUC vehicle—

    • (a) may be given in evidence by the enforcement officer; and

    • (b) is admissible in any proceedings for an offence against this Act as evidence of the offence.

    (2) The statements are—

    • (a) the identity of the driver's employer:

    • (b) a statement relating to a matter that must by any enactment be specified in a logbook.

    Compare: 1977 No 124 s 23B

Defences

71 Defences
  • (1) It is a defence in proceedings for an offence of operating a RUC vehicle when the distance licence displayed on the RUC vehicle does not display the correct RUC vehicle type of the vehicle if the defendant proves that—

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

    • (b) the RUC 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 RUC weight of the RUC vehicle; and

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

    (2) For the purposes of subsection (1), a lifting axle is an axle that is fitted with a device to alter the distribution of weight between the axles of a heavy RUC vehicle.

    (3) It is a defence in proceedings for an offence of operating a RUC vehicle without a properly working distance recorder under section 8(4)(a) or 13(1)(a) if the defendant proves that—

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

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

    • (c) a properly working distance recorder was fitted to the RUC vehicle, or the distance recorder fitted to the RUC vehicle was repaired, as soon as practicable after the commission of the alleged offence.

    (4) Subsection (3) does not apply where the reason that the distance recorder stopped properly working is due to distance recorder stopped properly working because of tampering by the defendant.

    Compare: 1977 No 124 s 23(2A), (3C), (3D), (4)

Search warrants

72 Power to issue search warrant in respect of alleged offence
  • (1) A search warrant may be issued under section 198 of the Summary Proceedings Act 1957 in respect of an alleged specified offence that—

    • (a) has been committed; or

    • (b) is suspected to have been committed; or

    • (c) is believed to be intended to be committed.

    (1) A search warrant may be issued in accordance with section 198 of the Summary Proceedings Act 1957 in relation to an alleged specified offence against this Act.

    (2) Subsection (1) applies even though the offence is not punishable by imprisonment.

    (3) If a search warrant is issued under section 198 of the Summary Proceedings Act 1957, as provided for by subsection (1), the following provisions of that Act apply as far as they are applicable and with any necessary modifications:

    • (a) section 198B (which relates to computer access assistance):

    • (b) section 199 (which relates to the disposal of things seized).

    (4) It is declared that a person who, under section 199 of the Summary Proceedings Act 1957 (as applied by subsection (3)), has custody of any thing seized under a warrant provided for by subsection (1) may disclose any information contained in or derived from the thing only—

    • (a) for the purposes of section 199 of that Act (as so applied); or

    • (b) for the purposes of investigating or prosecuting an offence; or

    • (c) for the purpose of an appeal or other application that relates to an offence; or

    • (d) for the purposes of complying with any enactment or any order or direction of a court of competent jurisdiction.

73 Offence relating to disclosing information acquired during inspection of records or search
  • (1) A person commits an offence if the person, except in the performance of the person's duties, knowingly discloses any information acquired during—

    • (a) an inspection of records or other information under section 60 or 61; or

    • (b) a search authorised under section 72.

    (2) A person who commits an offence against subsection (1) is liable on conviction,—

    • (a) in the case of an individual, to a fine not exceeding $25,000:

    • (b) in the case of a body corporate, to a fine not exceeding $100,000.

Infringement offences

75 Infringement offences
  • (1) If a person is alleged to have committed an infringement offence, the person may either—

    • (a) be proceeded against summarily under the Summary Proceedings Act 1957; or

    • (b) be issued with an infringement notice as provided in section 76.

    (2) Despite anything in section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to lay an information is not necessary where an infringement offence is proceeded with summarily.

76 Issue of infringement notice and reminder notices
  • Sections 139 and 140 of the Land Transport Act 1998 apply with any necessary modifications to the issue of an infringement notice or a reminder notice for an infringement offence under this Act.

77 Infringement fees
  • (1) The infringement fee payable for an infringement offence is the fee prescribed for the offence by regulations made under section 81.

    (2) To avoid doubt, in the case of an infringement offence against section 10(2), the person must pay the fee prescribed by the regulations made under section 81.

    (3) All infringement fees received under this Act or recovered under the Summary Proceedings Act 1957 must be paid into a Crown bank account.

    Compare: 1998 No 110 s 43(3)

78 Courts may impose appropriate fines for infringement offences
  • (1) This section applies to an infringement offence, except an offence against section 10(2).

    (2) A court may impose a fine for the infringement offence that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.

    Compare: 1998 110 s 43A

Subpart 2Other matters

Regulations

79 Regulations specifying rates of road user charges
  • (1) The Governor-General may, by Order in Council, make regulations specifying rates of road user charges (inclusive of GST) for the distance travelled by a RUC vehicle for the purposes of this Act.

    (2) Regulations made under subsection (1) may specify different rates for—

    • (a) different RUC vehicle types and RUC weights; and

    • (b) distance licences and additional licences.

    (3) Regulations made under subsection (1)

    • (a) come into force 42 days after the date of their notification in the Gazette, or on any later date that may be specified in the order, unless, in the case of an increase to any existing rate, the increase relates only to the GST payable on the rate; and

    • (b) must be presented to the House of Representatives no later than 16 sitting days after the date on which they are made.

    (4) Regulations made under subsection (1),—

    • (a) if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by an Act of Parliament passed during that year; and

    • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by Act of Parliament passed before the end of that following year.

    (5) If any regulations expire by virtue of subsection (4)(a) or (b), any road user charges collected under those regulations in excess of the road user charges otherwise payable must, except as far as any other provision is made by an Act of Parliament, be refunded.

    (6) The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming regulations made under subsection (1) does not, unless there is any express provision to the contrary, affect the validity or confirmation of the Order in Council.

    Compare: 1977 No 124 s 20

80 Licence for heavy RUC vehicle invalid 1 month after road user charges rate increased
  • (1) This section applies if a road user charges rate is increased by regulations made under section 79(1), unless the increase relates only to the GST payable on the rate.

    (2) Despite any other provision of this Act, a licence for a heavy RUC vehicle that is issued before the increase comes into force is no longer valid after the expiry of 1 month from the date of the increase.

    Compare: 1977 No 124 s 21

80A Appointment of RUC collector
  • The Governor-General may, by Order in Council, appoint the Agency as the RUC collector for the purposes of this Act instead of the chief executive.

80AB Regulations relating to administration fees
  • (1) The Governor-General may, by Order in Council, make regulations prescribing administration fees payable by a person specified in subsection (2) to meet, or assist in meeting, the costs and expenses incurred by the RUC collector in the exercise of functions or powers, or in the performance of duties, or the provision of services under this Act, or regulations made under this Act.

    (2) The persons are—

    • (a) an applicant for a RUC licence under section 15 or the holder of a licence issued under section 17:

    • (b) an applicant for an exemption under section 37D(1) or the holder of an exemption granted under section 37D(3):

    • (c) an owner or operator of a RUC vehicle that is registered under an alternative payment scheme.

    (3) Different rates of administration fees may be prescribed for different types or forms of RUC licence, different payment methods, or on any other differential basis.

    (4) Regulations made under subsection (1) may—

    • (a) authorise the RUC collector to refund or waive administration fees in any particular case or class of case:

    • (b) prescribe the recipient to whom administration fees are payable under this Act.

    (5) However, if there is no prescribed recipient to whom administration fees are to be paid, administration fees must be paid into a Crown bank account.

80B Exemption relating to light electric vehicles
  • (1) The Governor-General may, by Order in Council, specify the period during which road user charges are not payable in respect of light electric vehicles.

    (2) An order under subsection (1)

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

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

    Compare: 1977 No 124(1)(ga), (1A)

80C Regulations relating to other exempt vehicles
  • (1) The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations prescribing exempt vehicles or classes of exempt vehicles in respect of which road user charges are not payable.

    (2) The Minister must not recommend the making of regulations under subsection (1) unless the Minister is satisfied that—

    • (a) the exemption is necessary because the purpose or design of the RUC vehicle or class of RUC vehicles means that the vehicle or class of vehicles is unsuitable for regular road use; and

    • (b) requiring road user charges to be paid in respect of the vehicle or class of vehicles would impose compliance costs that are disproportionate to the amount of likely road use by the vehicle or class of vehicles.

    Compare: 1977 No 124(1)(ga)

81 Other regulations
  • The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

    • RUC vehicle types and RUC weight bands
    • (a) prescribing RUC vehicle types for the purposes of this Act and bands of RUC weight for each RUC vehicle type:

    • RUC licences
    • (b) specifying the persons who may apply for a licence under section 15:

    • (c) prescribing the information that must be contained in an application for a RUC licence:

    • (d) prescribing the circumstances in which the RUC collector may issue a RUC licence despite the road user charges or part of the road user charges (or part of the road user charges) payable for the licence not having been paid:

    • (e) specifying prescribing the information that must be included on a RUC licence:

    • (f) prescribing the administration fee payable in respect of a RUC licence, including prescribing different fees payable for different types or forms of RUC licence and different payment methods:

    • (g) prescribing distance amounts (in kilometres) in which a RUC licence may be sold, including different amounts for different types or forms of licence:

    • Display of RUC licence
    • (h) specifying requirements for the display of a licence, including specifying different display requirements for different classes of RUC vehicle or different types or forms of licence:

    • Payments
    • (i) prescribing the methods of payment of road user charges, including different methods of payment for different types or forms of licence:

    • (j) prescribing alternative payment schemes for paying road user charges for RUC vehicles issued with an electronic distance recorder, including prescribing different alternative payment schemes for different RUC vehicles:

    • (k) specifying forms of evidence of registration under an alternative payment scheme for RUC vehicles fitted with an electronic distance recorder:

    • (l) prescribing the recipient to whom an administration fee (if any) is payable under this Act:

    • Refunds
    • (m) prescribing methods for refunding road user charges paid in respect of RUC vehicles fitted with an electronic distance recorder which may be in addition to or in place of the provisions specified in this Act:

    • Exempt vehicles
    • (ma) prescribing or specifying, in relation to exemptions that may be granted under section 37D,—

      • (i) 1 or more classes of light RUC vehicles for which an exemption may be granted:

      • (ii) any other criteria that a light RUC vehicle must satisfy in order for the vehicle to qualify for an exemption:

      • (iii) any terms and conditions that apply in respect of an exemption, including the information that the RUC collector may require in order to monitor the ongoing operation of the vehicle under section 37E:

      • (iv) the information that must be contained in an application for an exemption:

      • (v) the fee payable for an application for an exemption (if any):

    • Electronic system providers
    • (n) regulating the collection, storage, use, or disclosure of information relating to road user charges that is held by an electronic system provider in addition to the provisions specified in this Act:

    • Distance recorders
    • (o) prescribing matters in relation to, or specifying requirements for, hubodometers, electronic distance recorders, odometers, or any other kind of distance recorder approved by the RUC collector, including—

      • (i) prescribing the manner of fitting and maintaining a hubodometer, electronic distance recorder, odometer, or other kind of distance recorder:

      • (ii) regulating the replacement of a hubodometer, electronic distance recorder, odometer, or other kind of distance recorder:

      • (iii) prohibiting or restricting certain actions in respect of a hubodometer, electronic distance recorder, odometer, or other kind of distance recorder:

      • (iv) prescribing permissible forms of modification or repair of a distance recorder:

    • Information down-loaded from vehicle management system
    • (p) regulating the management of information down-loaded and retained by the RUC collector from a vehicle management system under section 57:

    • Infringement offences
    • (q) prescribing infringement offences for the purposes of this Act:

    • (r) setting the infringement fee payable for an infringement offence, which—

      • (i) for an offence against section 10(2) involving a heavy RUC vehicle, may not exceed $3,000; and

      • (ii) for any other infringement offence, may not exceed—

        • (A) $1,000 in the case of an individual; or

        • (B) $2,000 in the case of a body corporate:

    • General
    • (s) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

    Compare: 1977 No 124 s 24

81A Transitional regulations
  • (1) The Governor-General may, by Order in Council, make regulations—

    • (a) prescribing transitional and savings provisions concerning the coming into force commencement of this Act, which may be in addition to or in place of the provisions of this Act:

    • (b) providing that, subject to any conditions that may be specified in the regulations, during a specified transitional period,—

      • (i) specified provisions of this Act (including definitions) do not apply:

      • (ii) specified terms have the meaning given to them by the regulations:

      • (iii) specified provisions repealed or amended or revoked by this Act are to continue to apply:

    • (c) providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of the former Act to the provisions of this Act.

    (2) No regulations made under this section may be made, or continue in force, later than 1 year after the date on which this section comes into force.

Exemption of particular RUC vehicles

81B RUC collector may exempt particular RUC vehicles
  • (1) The RUC collector may, by notice in the Gazette, specify any particular RUC vehicle in respect of which road user charges are not payable.

    (2) The RUC collector must not give a notice under subsection (1) unless the RUC collector is satisfied that—

    • (a) the exemption is necessary because the purpose or design of the particular RUC vehicle means that it is unsuitable for regular road use; and

    • (b) requiring road user charges to be paid in respect of the particular RUC vehicle would impose compliance costs that are disproportionate to the amount of likely road use by the vehicle.

    (3) A notice under subsection (1)

    • (a) expires on the date that is 5 years after the date on which it was made; and

    • (b) must state—

      • (i) the registration number of the particular RUC vehicle (or any other alternative unique identifier for the vehicle) and the make and model (if known) of the particular RUC vehicle; and

      • (ii) the reason for the exemption (including why the exemption is appropriate).

Delegations

82 Chief executive may delegate functions, duties, or powers to person outside Ministry
  • (1) This section applies if the chief executive is exercising the functions, duties, or powers of the RUC collector under this Act.

    (2) The chief executive may, with the written consent of the Minister, delegate any of the chief executive's functions, duties, or powers as the RUC collector to a person who is not an employee of the Ministry.

    (3) Despite subsection (2), the chief executive may, without the written consent of the Minister, delegate any of the chief executive's functions, duties, or powers as the RUC collector to—

    • (a) the Agency; or

    • (b) any person or class of persons employed in the State services.

    (4) A delegation under subsection (2) or (3) may be—

    • (a) made on any terms and conditions that the chief executive thinks fit; and

    • (b) made to—

      • (i) a specified person or class of persons; or

      • (ii) the holder or holders for the time being of a specified office or specified class of offices; and

    • (c) for a specific period or an indefinite period; and

    • (d) revoked at any time by notice to the delegate.

    (5) A person or class of persons, or the holder or holders for the time being of a specified office or class of offices, to whom any functions, duties, or powers are delegated under this section may perform those functions and duties, or exercise those powers, in the same manner and with the same effect as if they had been imposed or conferred on that person directly by this Act and not by delegation.

    Compare: 1977 No 124 s 23D(1), (2)-(4), (6)

83 Further provisions relating to delegation
  • (1) A person to whom any functions, duties, or powers are delegated under section 82(2) may,—

    • (a) with the written consent of the chief executive, delegate to any person employed within the State services those functions, duties, or powers of the RUC collector approved by the chief executive:

    • (b) with the written consent of the Minister, delegate to any other person those functions, duties, or powers of the RUC collector approved by the Minister.

    (2) A delegation under section 82 does not affect—

    • (a) the performance of any function or duty, or the exercise of any power, by the chief executive as the RUC collector; or

    • (b) the responsibility of the chief executive for the actions of a person acting under the delegation.

    (3) A person purporting to act under any delegation under section 82 must, if reasonably requested to do so, produce evidence of the person's authority to act under the delegation.

    Compare: 1977 No 124 s 23D(2A), (7)

Notice requirements

84 Notice requirements
  • (1) Part 1 of Schedule 2 applies to a notice given under this Act by the RUC collector.

    (2) Part 2 of Schedule 2 applies to a notice given under this Act to the RUC collector.

Subpart 3Consequential amendments, repeal and revocation, and transitional and savings provisions

85 Consequential amendments to other enactments
  • The enactments listed in Schedule 3 are consequentially amended in the manner indicated in that schedule.

86 Repeal and revocation
  • (1) The Road User Charges Act 1977 (1977 No 124) is repealed.

    (2) The Road User Charges Regulations 1978 (SR 1978/30) are revoked.

Transitional and savings provisions

87 Transitional and savings provisions relating to licences issued under former Act
  • (1) On and from the commencement of section 17 of this Act, a distance licence issued for a light RUC vehicle under section 10 of the former Act and in force immediately before that commencement must be treated as if it were issued under section 17.

    (2) On and from the commencement of section 17 of this Act, a distance licence issued for a heavy RUC vehicle under section 10 of the former Act and in force immediately before that commencement—

    • (a) continues in force for 1 month after that commencement; and

    • (b) must be treated as if it were issued under section 17.

    (3) On and from the commencement of section 17 of this Act, an authorisation granted to a person to issue a licence under section 10(3) of the former Act and in force immediately before that commencement must be treated as if it were granted under section 17.

    (4) If, after the commencement of section 48 of this Act, a distance recorder for a RUC vehicle is reading in excess of the maximum reading specified on the distance licence for the vehicle, an assessment may be issued by the RUC collector under section 48(1) for any portion of the unpaid road user charges that were incurred under the former Act in respect of the vehicle as if all of the unpaid road user charges had been incurred under this Act.

88 Transitional and savings provisions relating to electronic distance recorders and hubodometers approved under former Act
  • (1) On and from the commencement of section 38 of this Act, an electronic distance recorder approved under regulation 6A of the Road User Charges Regulations 1978 and in use immediately before that commencement must be treated as if it were an electronic distance recorder provided by an electronic system provider under section 38.

    (2) On and from the commencement of section 43 of this Act, a hubodometer manufactured under a brand name specified in the definition of hubodometer in regulation 2 of the Road User Charges Regulations 1978 and in use immediately before that commencement must be treated as if it were approved by the RUC collector under section 43.

89 Other transitional and savings provisions
  • (1) Any road user charges that are assessable or payable under the former Act in relation to the period of 6 years immediately before the commencement of Part 3 of this Act must, despite the repeal of the former Act, be treated as remaining in force and proceedings for the recovery of those road user charges may be enforced, continued, or completed as if this Act had not been passed.

    (2) An inquiry commenced under section 18A of the former Act that is pending or in progress immediately before the repeal of that section by this Act may be continued or completed (as the case may be) as if this Act had not been passed.

    (3) An assessment for any unpaid road user charges made under section 18C or 18D of the former Act must, despite the repeal of those provisions, be treated as remaining in force and proceedings for the recovery of those road user charges may be enforced, continued, or completed in accordance with those provisions, as if this Act had not been passed.

    (4) All proceedings in respect of an offence committed or alleged to have been committed under the former Act may, despite the repeal of those provisions, be enforced, continued, or completed (as the case may be) as if this Act had not been passed.


Schedule 1
Duties relating to management of RUC information by electronic system providers

s 40(3)

1 Duties of electronic system providers relating to collection of RUC information
  • (1) An electronic system provider must collect and store RUC information.

    (2) An electronic system provider must—

    • (a) clearly identify the RUC information it collects; and

    • (b) keep the RUC information separate from other commercial information.

    (3) In this clause, other commercial information means information relating to any telematics services or location-based services, including associated communication services that are provided to the transport operator by an electronic system provider that are not road user charges services.

2 Duties of electronic system provider relating to use and disclosure of RUC information
  • (1) An electronic system provider must not use or disclose RUC information collected under clause 1 except as required or authorised by or under this Act or any other enactment.

    (2) An electronic system provider must take reasonable steps to ensure that the RUC information it collects is protected against unauthorised access or use, misuse, loss, modification, or unauthorised disclosure.

    (3) An electronic system provider must on request from a transport operator disclose RUC information relating to the transport operator to that transport operator.

    (4) Subclause (3) is subject to section 39(4) (which provides that an electronic system provider must not disclose that it has made a report to the RUC collector as required by that section).

3 Disclosure of RUC information to RUC collector
  • (1) An electronic system provider must, on request and on the receipt of payment of a reasonable fee by the RUC collector, supply to the RUC collector any specified traffic or transport information required by the RUC collector for transport network planning purposes.

    (2) The information supplied under subclause (1) must—

    • (a) be in a form approved by the RUC collector; and

    • (b) be supplied only in aggregate form and in a way that does not identify any specific transport operator or electronic system provider.

4 Policy relating to management of RUC information
  • (1) An electronic system provider must prepare, and make publicly available, a document that sets out its policies on the management of RUC information.

    (2) An electronic system provider must include in its contract of service with a transport operator details of the policy referred to in subclause (1).


Schedule 2
Notice requirements

s 84

Part 1
Notice given by RUC collector

1 Notice given by RUC collector
  • (1) This clause applies if this Act requires the RUC collector to give a notice to a person.

    (2) The notice must be in writing and may be given—

    • (a) to either—

      • (i) the person; or

      • (ii) a representative authorised to act on behalf of the person; and

    • (b) using one of the methods specified in subclause (3).

    (3) The methods are—

    • (a) by personal delivery to a person that is not a body corporate:

    • (b) by personal delivery to a person that is a body corporate, if the personal delivery is made to the person's office during working hours:

    • (c) by an electronic means of communication to the person, if the RUC collector complies with the Electronic Transactions Act 2002:

    • (d) by post—

      • (i) to the street address of the person's usual or last known place of residence; or

      • (ii) to the street address of any of the person's usual or last known places of business; or

      • (iii) to any other address, if the addressee has notified the RUC collector that the person accepts notices at that address.

    (4) For the purposes of subclause (3)(d), a notice given by post is treated as having been given at the time the notice would have been delivered in the ordinary course of the post.

Part 2
Notice given to RUC collector

2 Notice given to RUC collector
  • (1) This section applies if this Act requires a person to give a notice to the RUC collector.

    (2) The notice must be in writing and sent—

    • (a) to an address designated by the RUC collector by notice in the Gazette; and

    • (b) using one of the methods specified in subclause (3).

    (3) The methods are—

    • (a) by personal delivery, if the delivery is made during working hours; or

    • (b) by electronic means of communication, if the person complies with the Electronic Transactions Act 2002; or

    • (c) by post to the street address or post office box number for the office.

    (4) For the purposes of subclause (3)(c), a notice given by post is treated as having been given at the time the notice would have been delivered in the ordinary course of the post.


Schedule 3
Consequential amendments to other enactments

s 85

Part 1
Amendments to other Acts

Canterbury Earthquake Recovery Act 2011 (2011 No 12)

Section 71(3)(s): repeal and substitute:

  • (s) the Road User Charges Act 2010:.

Fire Service Act 1975 (1975 No 42)

Definition of motor vehicle in section 47B: omit any motor vehicle with a gross laden weight (as defined in section 2(1) of the Road User Charges Act 1977) exceeding 3.5 tonnes and substitute a heavy RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2010).

Goods and Services Tax Act 1985 (1985 No 141)

Section 5(6B): omit section 9 of the Road User Charges Act 1977 and substitute section 17 of the Road User Charges Act 2010.

Land Transport Act 1998 (1998 No 110)

Definition of heavy motor vehicle in section 2(1): repeal and substitute:

heavy motor vehicle

  • (a) means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) having a gross laden weight exceeding 3 500 kg; and

  • (b) includes a heavy RUC vehicle as defined in section 5(1) of the Road User Charges Act 2010.

Definition of land transport documents in section 2(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Paragraph (a) of the definition of land transport register in section 2(1): insert or the Road User Charges Act 2010 after Railways Act 2005.

Section 30ZH(1): omit 12 months in each place where it appears and substitute in each case 36 months.

Section 30ZH: insert after subsection (1):

  • (1A) Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2010), the driver must only retain the logbook for a period of 12 months.

Section 113(1)(a): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 125(1)(c): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 146(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 147(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 147(7): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 167(1)(e)(iii): repeal.

Section 168(1)(a): omit the Road User Charges Act 1977,.

Section 168(6): repeal.

Section 208(1)(a): omit ; or and substitute : and add:

  • (iv) the Road User Charges Act 2010; or.

Section 218(4): omit (other than rates of road user charges), which regulation is made under the Transport Act 1962, the Road User Charges Act 1977 and substitute under the Transport Act 1962.

Land Transport Management Act 2003 (2003 No 118)

Paragraph (a) of definition of fees and charges in section 5(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 6(a): omit Schedule 3 of the Road User Charges Act 1977, any additional charges under section 21A of that Act, and any assessments under section 18C or 18D of that Act and substitute regulations made under section 79 of the Road User Charges Act 2010 and any assessments for unpaid road user charges under Part 3 of that Act.

Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104)

Section 3(b): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

New Zealand Railways Corporation Act 1981 (1981 No 119)

Section 119A: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Privacy Act 1993 (1993 No 28)

Third column of item relating to New Zealand Transport Agency records in Schedule 5: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Summary Proceedings Act 1957 (1957 No 87)

Definition of traffic offence in section 100A(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)

Schedule 3: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Part 1
Amendments to other Acts

Canterbury Earthquake Recovery Act 2011 (2011 No 12)

Section 71(3)(s): repeal and substitute:

  • (s) the Road User Charges Act 2010:.

Children, Young Persons, and Their Families Act 1989 (1989 No 24)

Paragraph (a) of the definition of traffic offence in section 2(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Fire Service Act 1975 (1975 No 42)

Definition of motor vehicle in section 47B: omit any motor vehicle with a gross laden weight (as defined in section 2(1) of the Road User Charges Act 1977) exceeding 3.5 tonnes and substitute a heavy RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2010).

Goods and Services Tax Act 1985 (1985 No 141)

Section 5(6B): repeal and substitute:

  • (6B) For the purposes of this Act, any amount of road user charges paid pursuant to the Road User Charges Act 2010 is deemed to be a consideration for a supply of services in the course or furtherance of a taxable activity carried on by the New Zealand Transport Agency.

Land Transport Act 1998 (1998 No 110)

Definition of land transport documents in section 2(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Paragraph (a) of the definition of land transport register in section 2(1): insert , or the Road User Charges Act 2010 after Railways Act 2005.

Section 30ZH(1): omit 12 months in each place where it appears and substitute in each case 36 months.

Section 30ZH: insert after subsection (1):

  • (1A) Despite anything in subsection (1), if the logbook only contains entries for a light RUC vehicle (as defined in section 5(1) of the Road User Charges Act 2010), the driver must retain the logbook only for a period of 12 months.

Section 113(1)(a): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 125(1)(c): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 146(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 147(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 147(7): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

Section 167(1)(e)(iii): repeal.

Section 168(1)(a): omit the Road User Charges Act 1977,.

Section 168(6): repeal.

Section 208(1)(a): omit ; or and substitute : and add:

  • (iv) the Road User Charges Act 2010; or.

Section 218(4): omit (other than rates of road user charges), which regulation is made under the Transport Act 1962, the Road User Charges Act 1977 and substitute under the Transport Act 1962.

Land Transport Amendment Act 2011 (2011 No 31)

Section 7: paragraph (a) of the definition of traffic offence in new section 91A: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Land Transport Management Act 2003 (2003 No 118)

Section 6(a): omit Schedule 3 of the Road User Charges Act 1977, any additional charges under section 21A of that Act, and any assessments under section 18C or 18D of that Act and substitute regulations made under section 79 of the Road User Charges Act 2010 and any assessments for unpaid road user charges under Part 3 of that Act.

Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104)

Section 3(b): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010 (or any regulations made under that Act).

New Zealand Railways Corporation Act 1981 (1981 No 119)

Section 119A: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Privacy Act 1993 (1993 No 28)

Third column of item relating to New Zealand Transport Agency records in Schedule 5: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Sentencing Act 2002 (2002 No 9)

Section 137(3)(fb): omit section 9 of the Road User Charges Act 1977 and substitute the Road User Charges Act 2010.

Sentencing Amendment Act 2011 (2011 No 47)

Section 27(4): new section 137(3)(fb) of the Sentencing Act 2002: omit section 9 of the Road User Charges Act 1977 and substitute the Road User Charges Act 2010.

Summary Proceedings Act 1957 (1957 No 87)

Paragraph (a) of the definition of traffic offence in section 100A(1): omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Summary Proceedings Amendment Act 2011 (2011 No 32)

Section 10: paragraph (a) of the definition of traffic offence in new section 79(1) of the Summary Proceedings Act 1957: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Section 32: new section 100R(1)(i) of the Summary Proceedings Act 1957: omit section 9 of the Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Part 2
Amendments to regulations

Consumer Information Standards (Used Motor Vehicles) Regulations 2008 (SR 2008/112)

Schedule 2: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 (SR 2004/238)

Definition of licensed vehicle in regulation 3(1): omit: Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Land Transport Rule: Vehicle Dimensions and Mass 2002

Section 5.1(4)(b): omit Road User Charges Act 1977, have a current licence issued under that Act for the actual gross weight of the vehicle and substitute Road User Charges Act 2010, have a current licence issued under that Act (including any licence required by section 12 of that Act).

Section 5.2(7)(c): omit Road User Charges Act 1977, have a current licence issued under that Act for the actual gross weight of the vehicle and substitute Road User Charges Act 2010, have a current licence issued under that Act (including any licence required by section 12 of that Act).

Part B of Schedule 2: omit Ref. 5.1(1)(b) and substitute Ref. 5.2(6)(a).

Land Transport Rule: Work Time and Logbooks 2007

Definition of distance recorder in Part 2: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Definition of road user charges in Part 2: omit Road User Charges Act 1977 and substitute Road User Charges Act 2010.

Item relating to distance record in Part 4–Using the log book form: omit Hubodometer and substitute electronic distance recorder or hubodometer.


Legislative history

25 November 2010Introduction (Bill 261–1)
15 February 2011First reading and referral to Transport and Industrial Relations Committee
24 May 2011Reported from Transport and Industrial Relations Committee (Bill 261–2)
14 September 2011Second reading
4 and 5 October 2011Committee of the whole House
7 February 2012Reported from committee of the whole House (Bill 261–3)