Canterbury Earthquake (Transport Legislation) Order 2011

  • revoked
  • Canterbury Earthquake (Transport Legislation) Order 2011: revoked (after expiring on the close of 31 October 2011), on 19 April 2016, by section 146(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Reprint as at 19 April 2016

Coat of Arms of New Zealand

Canterbury Earthquake (Transport Legislation) Order 2011

(SR 2011/39)

Canterbury Earthquake (Transport Legislation) Order 2011: revoked (after expiring on the close of 31 October 2011), on 19 April 2016, by section 146(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 8th day of March 2011

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Transport.

Pursuant to section 6 of the Canterbury Earthquake Response and Recovery Act 2010, His Excellency the Governor-General makes the following order acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the relevant Minister made in accordance with section 6(2) of that Act.

Order

1 Title

This order is the Canterbury Earthquake (Transport Legislation) Order 2011.

2 Commencement

This order is deemed to have come into force on 22 February 2011.

3 Expiry

This order expires on the close of 31 October 2011.

4 Interpretation

(1)

In this order, unless the context otherwise requires,—

gross vehicle mass has the same meaning as in Part 2 of the Land Transport Rule: Vehicle Dimensions and Mass 2002

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

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

(2)

The modifications or extensions to the Road User Charges Act 1977 made by this order do not affect the text of the Road User Charges Act 1977 but require it to be read as if it had been amended in the manner indicated in this order.

5 Exemption with respect to certain persons who operate heavy motor vehicles

(1)

While this order is in force, a person who operates a heavy motor vehicle and complies with subclause (2) is, in respect of that heavy motor vehicle, exempt from—

(a)

sections 16 and 43 of the Land Transport Act 1998; and

(b)

regulations 5(1) and 18 of the Heavy Motor Vehicle Regulations 1974; and

(c)

sections 4 and 5 of the Land Transport Rule: Vehicle Dimensions and Mass 2002.

(2)

To qualify for the exemption, the person must,—

(a)

in the case of the period beginning on 22 February 2011 and ending with the close of 8 March 2011, apply for and be granted written authorisation in respect of 1 or more specified heavy motor vehicles by—

(i)

the chief executive of the Christchurch City Council; or

(ii)

a person authorised for the purpose by the chief executive of the Christchurch City Council:

(b)

in the case of the period beginning on 9 March 2011 and ending with the close of 31 October 2011,—

(i)

apply for and be granted written authorisation in respect of 1 or more specified heavy motor vehicles by—

(A)

the chief executive of the Christchurch City Council; or

(B)

a person authorised for the purpose by the chief executive of the Christchurch City Council; and

(ii)

carry a copy of the authorisation in the specified heavy motor vehicle; and

(iii)

produce the copy of the authorisation to an enforcement officer on request by that enforcement officer; and

(iv)

operate the specified heavy motor vehicle in accordance with any terms and conditions specified in the authorisation.

(3)

Before granting an authorisation under subclause (2)(a), the chief executive or the person authorised by the chief executive for the purpose (as the case may be) must be satisfied that the specified heavy motor vehicle was operated as part of the Christchurch City Council’s Canterbury earthquakes recovery effort.

(4)

Before granting an authorisation under subclause (2)(b), the chief executive or the person authorised by the chief executive for the purpose (as the case may be) must—

(a)

take into account—

(i)

the safety of other road users; and

(ii)

the safety of the public; and

(iii)

the potential effect on public property and private property, including any road, bridge, or other transport infrastructure to be used by the specified heavy motor vehicle; and

(iv)

the Christchurch City Council’s Canterbury earthquakes recovery effort; and

(v)

any relevant advice given by the New Zealand Transport Agency in response to the information provided under paragraph (b) or by a territorial authority in response to the information provided under paragraph (c); and

(b)

in relation to the operation of a specified heavy motor vehicle on any road, bridge, or other transport infrastructure that is part of a State highway, inform the New Zealand Transport Agency of the authorisation; and

(c)

in relation to the operation of a specified heavy motor vehicle on any road, bridge, or other transport infrastructure that is not part of a State highway and is inside the district of another territorial authority, inform that territorial authority of the authorisation; and

(d)

be satisfied that any road, bridge, or other transport infrastructure that is to be used by the specified heavy motor vehicle can safely accommodate the operation of the specified heavy motor vehicle.

(5)

In granting an authorisation under subclause (2)(b), the chief executive or the person authorised by the chief executive for the purpose (as the case may be)—

(a)

must specify that the authorisation only applies to the specified heavy motor vehicle when the specified heavy motor vehicle is operated—

(i)

as part of the Christchurch City Council’s Canterbury earthquakes recovery effort; and

(ii)

at a weight that does not exceed the gross vehicle mass of the specified heavy motor vehicle; and

(b)

may specify any other terms and conditions regarding the operation of the specified heavy motor vehicle, including (but not limited to) where and when the specified heavy motor vehicle may be operated under the authorisation.

(6)

To avoid doubt, the Christchurch City Council may grant an authorisation that affects any road, bridge, or other transport infrastructure that is inside the district of another territorial authority.

Clause 5(3): amended (with effect on 26 March 2011), on 27 May 2011, by clause 5(1) of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

Clause 5(4)(a)(iv): amended (with effect on 26 March 2011), on 27 May 2011, by clause 5(2) of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

Clause 5(5)(a)(i): amended (with effect on 26 March 2011), on 27 May 2011, by clause 5(3) of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

6 Exemption with respect to certain persons subject to Road User Charges Act 1977

While this order is in force, a person who operates a heavy motor vehicle is, in respect of that heavy motor vehicle, exempt from section 5(1)(b) of the Road User Charges Act 1977 if the person—

(a)

operates the heavy motor vehicle in accordance with an authorisation granted under clause 5(2); and

(b)

is exempt under clause 5(1); and

(c)

has—

(i)

taken all reasonable steps to obtain an appropriate licence covering the gross weight of the heavy motor vehicle; or

(ii)

reasonable grounds to believe that the gross weight of the heavy motor vehicle is within the maximum gross weight specified in the vehicle’s licence.

7 Modification of section 18A of Road User Charges Act 1977

At any inquiry under section 18A(1) of the Road User Charges Act 1977 in relation to the operation of a heavy motor vehicle, a District Court Judge must, if the Judge is satisfied that the heavy motor vehicle was operated in accordance with an authorisation granted under clause 5(2), take into account whether the owner of the heavy motor vehicle, during the period of the authorisation,—

(a)

had taken all reasonable steps to obtain an appropriate licence covering the gross weight of the heavy motor vehicle; or

(b)

had reasonable grounds to believe that the gross weight of the heavy motor vehicle was within the maximum gross weight specified in the vehicle’s licence.

8 Modification of section 18C of Road User Charges Act 1977

When making an assessment under section 18C(1) of the Road User Charges Act 1977 in relation to the operation of a heavy motor vehicle, a District Court Judge may discount the amount of road user charges that would otherwise be payable under section 18C(5) of that Act, if the Judge is satisfied that—

(a)

the heavy motor vehicle was operated in accordance with an authorisation granted under clause 5(2); and

(b)

the owner of the heavy motor vehicle, during the period of the authorisation,—

(i)

had taken all reasonable steps to obtain an appropriate licence covering the gross weight of the heavy motor vehicle; or

(ii)

had reasonable grounds to believe that the gross weight of the heavy motor vehicle was within the maximum gross weight specified in the vehicle’s licence.

9 Exemption with respect to certain persons operating heavy motor vehicles registered in Australia or Canada

(1)

This clause applies to any person who operates a heavy motor vehicle that—

(a)

is registered in Australia or Canada; and

(b)

is imported from Australia or Canada during the period beginning on 26 March 2011 and ending with the close of 31 October 2011; and

(c)

is operated as part of the Christchurch City Council’s Canterbury earthquakes recovery effort.

(2)

While this order is in force, a person who operates a heavy motor vehicle specified in subclause (1) and who complies with subclause (3) is, in respect of that heavy motor vehicle, exempt from—

(a)

section 5 of the Road User Charges Act 1977; and

(b)

section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and

(c)

section 242 of the Land Transport Act 1998.

(3)

To qualify for the exemption, the person must,—

(a)

in the case of the period beginning on 26 March 2011 and ending with the close of 23 May 2011, apply for and be granted written authorisation in respect of 1 or more heavy motor vehicles specified in subclause (1) by—

(i)

the chief executive of the New Zealand Transport Agency; or

(ii)

a person authorised for the purpose by the chief executive of the New Zealand Transport Agency:

(b)

in the case of the period beginning on 24 May 2011 and ending with the close of 31 October 2011,—

(i)

apply for and be granted written authorisation in respect of 1 or more heavy motor vehicles specified in subclause (1) by—

(A)

the chief executive of the New Zealand Transport Agency; or

(B)

a person authorised for the purpose by the chief executive of the New Zealand Transport Agency; and

(ii)

carry a copy of the authorisation in the specified heavy motor vehicle; and

(iii)

produce the copy of the authorisation to an enforcement officer on request by that enforcement officer; and

(iv)

operate the specified heavy motor vehicle in accordance with any terms and conditions specified in the authorisation.

(4)

Before granting an authorisation under subclause (3)(a), the chief executive of the New Zealand Transport Agency or the person authorised by the chief executive of the New Zealand Transport Agency for the purpose (as the case may be) must be satisfied that the specified heavy motor vehicle was operated as part of the Christchurch City Council’s Canterbury earthquakes recovery effort.

(5)

In granting an authorisation under subclause (3)(b), the chief executive of the New Zealand Transport Agency or the person authorised by the chief executive of the New Zealand Transport Agency for the purpose (as the case may be)—

(a)

must specify that the authorisation only applies to the specified heavy motor vehicle when the specified heavy motor vehicle is operated as part of the Christchurch City Council’s Canterbury earthquakes recovery effort; and

(b)

may specify any other terms and conditions regarding the operation of the specified heavy motor vehicle, including (but not limited to) where and when the specified heavy motor vehicle may be operated under the authorisation.

Clause 9: substituted (with effect on 26 March 2011), on 27 May 2011, by clause 6 of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

10 Modification of section 23 of Road User Charges Act 1977

If a person is charged under section 23(1)(a) or (2)(a) of the Road User Charges Act 1977 with operating a heavy motor vehicle in contravention of—

(a)

section 5(1)(b) of that Act in relation to an act or omission that occurred while this order was in force, the court determining the charge must dismiss the charge if the court is satisfied that the person is exempt in respect of that heavy motor vehicle under clause 6:

(b)

section 5 of that Act in relation to an act or omission that occurred while this order was in force, the court determining the charge must dismiss the charge if the court is satisfied that the person is exempt in respect of that heavy motor vehicle under clause 9.

Clause 10: added (with effect on 26 March 2011), on 27 May 2011, by clause 6 of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

11 Exemption in respect of motor vehicle account levies

If an operator of a heavy motor vehicle is exempt under clause 9, the heavy motor vehicle to which the exemption relates is to be treated as an exempted vehicle for the purpose of the Accident Compensation (Motor Vehicle Account Levies) Regulations 2010.

Clause 11: added (with effect on 26 March 2011), on 27 May 2011, by clause 6 of the Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 March 2011.

Reprints notes
1 General

This is a reprint of the Canterbury Earthquake (Transport Legislation) Order 2011 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Greater Christchurch Regeneration Act 2016 (2016 No 14): section 146(2)

Canterbury Earthquake (Transport Legislation) Amendment Order 2011 (SR 2011/152)

Canterbury Earthquake (Transport Legislation) Order 2011 (SR 2011/39): clause 3