Land Transport (Register of Land Transport Records—Speed Limits) Regulations 2022

2022/120

Coat of Arms of New Zealand

Land Transport (Register of Land Transport Records—Speed Limits) Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 19th day of April 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 167(1)(mf) and 168AAA of the Land Transport Act 1998 on the advice and with the consent of the Executive Council.

Regulations

2 Commencement

These regulations come into force on 19 May 2022.

Part 1 Preliminary provisions

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

bylaw has the meaning given in section 168AAA(3) of the Land Transport Act 1998

emergency speed limit has the meaning given in the Rule

Rule means the Land Transport Rule: Setting of Speed Limits 2022

speed limit means—

(a)

a speed limit set by a road controlling authority under the Rule; and

(b)

a part of a bylaw setting a speed limit that comes into force after these regulations come into force

temporary speed limit has the meaning given in the Rule.

(2)

If the Agency acts under clause 9.1(6) of the Rule, references to a road controlling authority in these regulations must be read as references to the Agency.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Part 2 Speed limits are category of land transport records

5 Speed limits are category of land transport records

A decision to set a speed limit is a category of decisions for which land transport records may be created.

Part 3 Land transport records

Road controlling authority’s obligation to supply speed limit information

6 Information to be provided at registration

(1)

In order to register a speed limit, a road controlling authority must provide the Registrar with the following information:

(a)

the geographical area (the road or roads, or part of a road, or other described land) for which the speed limit is set:

(b)

the speed limit expressed in kilometres per hour:

(c)

whether the speed limit is a permanent, seasonal, variable, or temporary limit and,—

(i)

for a seasonal speed limit, specified dates in each year during which each speed limit will apply:

(ii)

for a variable speed limit, the conditions under which each speed limit will apply:

(d)

the date on which the speed limit comes into force (which must not be earlier than the day after the date on which a land transport record will be created for the speed limit):

(e)

if known at the time of registration, the speed limit’s ending date:

(f)

a declaration that any legal requirements in relation to setting the speed limit have been satisfied:

(g)

any other information the Registrar requests.

(2)

For the purposes of subclause (1)(e), the speed limit’s ending date is—

(a)

any date on which it is to end (if known at the time of registration); or

(b)

if the speed limit is a temporary speed limit,—

(i)

the date that is 12 months after the day on which the speed limit comes into force (or any later date if the Director has given approval under the Rule); or

(ii)

any earlier date (if known at the time of registration).

7 Time when information must be provided

The road controlling authority must provide the information required by regulation 6 on (or before) the day before the day on which the speed limit is to apply.

8 Time when ending date must be provided

A road controlling authority must provide the Registrar with the date on which a speed limit is to end on (or before) the day before that day.

Registrar’s duties

9 When land transport record may or must be created for speed limit

(1)

The Registrar must immediately create 1 or more land transport records when notified of the information required by regulation 6 about a speed limit (except for a temporary speed limit that is not an emergency speed limit).

(2)

The Registrar may create 1 or more land transport records when notified of the information required by regulation 6 about a temporary speed limit that is not an emergency speed limit.

10 When land transport record must be revoked

(1)

The Registrar must revoke a land transport record with effect on the date on which—

(a)

the speed limit is to end; or

(b)

a new land transport record is created for the same area (except if the new record relates to a temporary speed limit).

(2)

The effect of subclause (1)(b) is that the Registrar must not revoke a record that relates to an area for which a temporary speed limit is set.

11 Certificate for each land transport record

(1)

The Registrar must ensure that the register creates a certificate certifying, for each land transport record,—

(a)

a unique identifier:

(b)

the information required by regulation 6(1)(a) to (e):

(c)

the original record and amendments (if any):

(d)

the record’s revocation date (if any):

(e)

any other information the Registrar considers relevant.

(2)

The Registrar must retain the certificates on the register indefinitely.

12 Registrar must inform certain people about changes to register

The Registrar must inform the Commissioner of Police and the relevant road controlling authority when a land transport record is created, amended, or revoked.

Part 4 Revocation of bylaw

13 Revocation of bylaw

A road controlling authority may, at the first available opportunity, revoke a part of a bylaw setting a speed limit after the speed limit applies under a land transport record. (See section 168AAA(2) of the Act.)

Schedule 1 Transitional, savings, and related provisions

r 4

There are no transitional, savings, or related provisions relating to these regulations as enacted.

Rachel Hayward,
acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 19 May 2022. The regulations are made under some 2020 amendments to the Land Transport Act 1998.

The 2020 amendments, made in the Land Transport (NZTA) Legislation Amendment Act 2020, established a register of land transport records. They also included regulation-making powers to support the establishment, maintenance, and operation of the register. The register is intended to be the single source of correct information for certain land transport decisions. The New Zealand Transport Agency, also known as Waka Kotahi, is the Registrar of the register.

These regulations provide that a decision to set a speed limit is a category of decisions for which land transport records may be created (regulation 5).

Speed limits are the first category of decisions to be included on the register.

The effect of these regulations is that the register will indicate the correct applicable speed limit for a road.

Regulation 3 provides some definitions of terms used in the regulations. Other crucial terms used in the regulations are defined in the Land Transport Act 1998. For example, the terms road and road controlling authority are defined in that Act. When those terms are used in the regulations, they have the same meaning as in the Act (under a rule of interpretation provided for secondary legislation in section 20 of the Legislation Act 2019).

Regulation 6 requires certain information to be provided to the Registrar by a road controlling authority seeking to register a speed limit.

Regulations 7 and 8 provide for the time when information must be provided.

Regulations 9, 10, 11, and 12 provide for the Registrar’s duties.

Regulation 11 provides that the Registrar must ensure that the register creates a certificate certifying certain information for each land transport record.

Regulation 12 provides that the Registrar must inform the Commissioner of Police and the relevant road controlling authority when a land transport record is created, amended, or revoked.

Regulatory impact assessment

The Ministry of Transport produced a regulatory impact assessment on 4 March 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact assessment can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 21 April 2022.

These regulations are administered by the Ministry of Transport.