Land Transport Amendment Act 2009

1: Title
This Act is the Land Transport Amendment Act 2009.
2: Commencement
1: Sections 5 to 23 25 26
a: a date to be fixed by the Governor-General by Order in Council:
b: 1 December 2009.
2: Sections 4 24 27 to 31 32(1) 35(2)
3: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates. Section 2(1): sections 5–23, 25, and 26 1 November 2009 Land Transport Amendment Act 2009 Commencement Order 2009 Section 2(3): sections 32(2), (3), (5)–(15), and (18), 33, 34, and 35(1) and (4)–(8) 1 May 2011 Land Transport Amendment Act 2009 Commencement Order 2011
3: Principal Act amended
This Act amends the Land Transport Act 1998 2009-06-29 Land Transport Act 1998 OIC (SR 2009/263) 2009-11-01 Land Transport Act 1998 sections 5–23, 25, and 26 OIC (SR 2011/78) 2011-05-01 Land Transport Act 1998 sections 32(2), (3), (5) to (15), and (18), 33, 34, and 35(1) and (4) to (8)
4: Short Title and commencement
Section 1(4)
1: Amendments to principal Act
5: Interpretation
1: The definition of blood test section 2(1) taking of a blood specimen for analysis analysis of a blood specimen
2: The definition of blood test fee section 2(1) the blood test fee the fee for the analysis of a blood specimen
3: Section 2(1) compulsory impairment test Gazette controlled drug
a: means any substance, preparation, mixture, or article specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and
b: includes any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and
c: excludes any substance, preparation, mixture, or article specified by regulations made under this Act health practitioner medical expenses parking warden prescription medicine .
6: New section 11A inserted
The following section is inserted after section 11
11A: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine
A person may not drive or attempt to drive a motor vehicle while—
a: impaired; and
b: that person's blood contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
7: New section 57A inserted
The following section is inserted after section 57
57A: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine
1: A person who drives or attempts to drive a motor vehicle on a road commits an offence if—
a: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
b: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
2: If a person is convicted of a first or second offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
b: the Court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
3: If a person commits a third or subsequent offence against subsection (1)
a: the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
b: the Court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.
4: Subsection (3)(b)
5: For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in subsection (3)
6: The imposition of a mandatory disqualification under this section is subject to section 81.
8: Contravention of section 12
Section 58
1: A person commits an offence if the person drives or attempts to drive a motor vehicle on a road—
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
1A: To avoid doubt, subsection (1)(b) subsection (1)(a)
9: Failure or refusal to remain at specified place or to accompany enforcement officer
1: Section 59(1)(b) , 71A section 69
2: Section 59(1)(c) section 69 or 72 section 69, 71A
3: Section 59(1)(c)(i) or a compulsory impairment test blood test
4: Section 59(1)(c)(ii) either any
5: Section 59(1)(d) or a compulsory impairment test under section 71A section 69
10: Failure or refusal to permit blood specimen to be taken
1: The heading to section 60 or to undergo compulsory impairment test
2: Section 60(1) ; or
d: fails or refuses to undergo a compulsory impairment test under section 71A
11: Person in charge of motor vehicle causing injury or death
Section 61
2: A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—
a: while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
b: if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
2A: To avoid doubt, subsection (2)(b) subsection (2)(a)
12: Causing injury or death in circumstances to which section 61 does not apply
1: Section 62
1: A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—
a: while under the influence of drink or a drug, or both; or
b: if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
1A: To avoid doubt, subsection (1)(b) subsection (1)(a)
1B: A person commits an indictable offence if—
a: the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and
b: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
c: the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—
i: a controlled drug; or
ii: any prescription medicine.
2: Section 62(2) or (1B) subsection (1), Section 12(2) amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009
13: Defences
Section 64
1A: It is a defence to proceedings for an offence against section 57A(1) 62(1B)
a: in accordance with—
i: a current and valid prescription written for that person by a health practitioner; and
ii: any instructions from a health practitioner or from the manufacturer of the drug or medicine; or
b: because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that the health practitioner has given.
1B: It is a defence to proceedings for an offence against section 60(1)(d)
a: a pre-existing medical condition or pre-existing disability that precludes undergoing the test:
b: an injury, sustained in a motor vehicle accident giving rise to an obligation to undergo the test, that precludes undergoing the test. Section 13 amended 1 November 2009 section 39(2) Land Transport (Enforcement Powers) Amendment Act 2009
14: Blood test fee
1: Section 67(1) 57A 57(2),
2: Section 67(1) and any associated medical expenses offence was committed
3: Section 67(1) test fee is test fee and any associated medical expenses are
4: Section 67
2: For the purposes of subsection (1) Gazette
3: The medical expenses referred to in subsection (1)
15: New section 71A inserted
The following section is inserted after section 71
71A: Requirement to undergo compulsory impairment test
1: An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:
a: a driver of, or a person attempting to drive, a motor vehicle on a road:
b: a person whom the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
c: if an accident has occurred involving a motor vehicle,—
i: the driver of the vehicle at the time of the accident; or
ii: if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person whom the officer has good cause to suspect was in the motor vehicle at the time of the accident.
2: An enforcement officer may require a person specified under subsection (1)
a: remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
b: accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.
3: A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until after the result of the test is ascertained.
4: An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3)
5: An enforcement officer may exercise the powers in subsections (1) and (2)
16: Who must give blood specimen at places other than hospital or surgery
1: Section 72(1) ; or
e: the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
2: Section 72
1A: Subsection (1)(e)
1B: Subsection (1)(e)
1C: An enforcement officer may exercise the powers in subsections (1) and (2)
17: Who must give blood specimen in hospital or surgery
Section 73(5)
a: has reasonable grounds to suspect that the person is in the hospital or doctor's surgery as a result of—
i: an accident or incident involving a motor vehicle:
ii: an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and .
18: New section 73A inserted
The following section is inserted after section 73
73A: Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975
Evidence of a controlled drug in a blood sample taken under section 72 or 73 may not be used as evidence of the use of a controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975.
19: Certificates in blood-alcohol proceedings
Section 75(5)(b) the presence or certificate,
20: Circumstances in which certificate not admissible in proceedings
1: Section 79(2) presence or relates to the
2: Section 79(3) presence or relates to the
3: Section 79(4) ; or
e: if a certificate certifies that there is evidence of a controlled drug or any prescription medicine, the defendant’s blood specimen has been received and analysed by the private analyst and found to contain no evidence of a controlled drug or any prescription medicine.
21: Release of vehicle after 28 days
Section 98
6: However, before disposing of a motor vehicle under subsection (4), a storage provider must—
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6) security interest
22: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
Section 120
1A: An enforcement officer may arrest a person without warrant if the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
23: Enforcement officer may immobilise vehicle, etc, if driver incapable of proper control of vehicle
Section 121(1)(a)
i: a person who is for the time being in charge of a motor vehicle, because of his or her physical or mental condition (however arising),—
A: is incapable of having proper control of the vehicle; or
B: does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A
C: fails or refuses to undergo a compulsory impairment test when required to do so under section 71A .
24: Strict liability for offences involving insecure loads and loads falling from vehicles
Section 134(4)(a) until the close of 30 June 2009, unless the provisions are sooner revoked,
25: Regulations
Section 167(1)
mc: specifying that a substance, preparation, mixture, or article is not a controlled drug for the purposes of this Act: .
26: New section 209A inserted
The following section is inserted after section 209
209A: Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol
1: Without limiting the purposes for which a blood specimen may be analysed or re-analysed under this Act, a person may, for statistical or research purposes related to the use of drugs or alcohol, analyse or re-analyse in an approved laboratory a blood specimen from a person taken under section 72 or 73.
2: Subsection (1)
3: No analysis of a blood specimen under subsection (1)
4: A blood specimen analysed or re-analysed under subsection (1)
27: Repeals
Section 214(3) 1 July 2009 a date to be appointed by the Governor-General by Order in Council
28: Transitional regulations
Section 216(b) or Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
29: Expiry of section 216
Section 217
30: Regulations and other enactments having effect under this Act
1: Section 218(1)(e)
2: Section 218(2)(a)
31: Expiry of section 218
Section 219
32: New Part 17 inserted
1: The following headings and section are inserted after section 232
17: Motor vehicle registration and licensing
Preliminary provisions
233: Interpretation matters applying to this Part
1: In this Part, unless the context otherwise requires,— accident insurance levy enforcement authority
a: the New Zealand Police:
b: the Agency, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency:
c: a local authority, if an infringement notice is issued by an employee of the local authority or by a person acting on behalf of the local authority:
d: the Registrar moped
a: means a motor vehicle (other than a power-assisted pedal cycle) that has—
i: 2 wheels; and
ii: a maximum speed not exceeding 50 kilometres per hour; and
iii: either—
A: an engine cylinder capacity not exceeding 50 cc; or
B: a power source other than a piston engine; and
b: includes a motor vehicle running on 3 wheels if the vehicle—
i: was registered before paragraph (a)
ii: falls within the definition of moped in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 motorcycle
a: means a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and
b: includes a vehicle with motorcycle controls that is approved as a motorcycle by the Agency; but
c: does not include a moped ordinary plate personal information personalised plate section 259 prescribed fees prescribed fee section 270(5) registered person Registrar
a: any person to whom the Registrar has delegated any of the powers, duties, or functions of the Registrar under this Part:
b: any person for the time being authorised by the Registrar to perform any specified function of the Registrar under this Part registration plate
a: means a plate issued under—
i: this Part; or
ii: the Transport Act 1962; or
iii: the Transport (Vehicle and Driver Registration and Licensing) Act 1986; and
b: includes ordinary plates, supplementary plates, personalised plates, and trade plates sale sell, seller, acquirer purchaser supplementary plate tractor trade plate Gazette trailer
a: a sidecar attached to a motorcycle; or
b: a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power.
2: Except in proceedings for an offence against this Part or regulations made under this Part, a question as to whether a motor vehicle is of a particular design or type for the purposes of this Part or of regulations made under this Part must be determined by the Registrar. 1986 No 6 s 2 .
2: The following heading and sections are inserted in their appropriate order: Register of motor vehicles
234: Register of motor vehicles
1: The Registrar must continue and maintain the register of all motor vehicles for which registration plates are issued.
2: In any proceedings, the contents of the register are proved by the production of a certificate indicating its contents if signed by the Registrar or a person acting under a delegation from—
a: the Registrar; or
b: an enforcement authority. 1986 No 6 s 18
235: Purposes of register
The purposes of the register are to facilitate—
a: enforcement of the law:
b: maintenance of the security of New Zealand:
c: collection of charges imposed or authorised by an enactment:
d: administration and development of transport law and policy.
3: The following sections are inserted in their appropriate order:
236: Application for information from register
1: Any person may apply to the Registrar, in relation to a specified motor vehicle, for—
a: access to the following information from the register:
i: information on that motor vehicle:
ii: personal information:
b: confirmation that certain information matches personal information on the register, as provided for in section 238
2: The application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
3: The person who receives the application must make and keep, in the form provided by the Registrar for the purpose, a record of the application and of the information supplied. 1986 No 6 s 19(1), (2)
237: Entitlement to receive information
1: A person who applies for information under section 236
2: However, the Registrar may not disclose personal information about an individual unless the Registrar is satisfied that—
a: the person applying for the information is that individual; or
b: the information is required for a purpose specified in section 235
c: the information is within the exception specified in section 241
d: the information may be disclosed under an enactment.
3: Information from the register must not be supplied unless—
a: the prescribed fee is paid; or
b: the Registrar is satisfied that satisfactory arrangements have been made for payment of that fee.
4: The Registrar must, at the request of an individual, supply to the individual—
a: the name of any person to whom personal information about the individual has been disclosed under—
i: subsection (2)(c)
ii: subsection (2)(d)
b: the purpose of any such disclosure. 1986 No 6 s 19(1), (3)
238: Registrar may confirm or deny match of information
1: If an application is made under section 236(1)(b)
2: To avoid doubt, the Registrar—
a: may use associated data provided by the applicant such as (in the case of an individual) the date of birth or driver licence number for the purpose of confirming or denying that a specified person is registered in respect of a specified motor vehicle; but
b: may only confirm or deny, as permitted by subsection (1)
239: Further restrictions
1: Despite section 237 subsection (2)
2: The Registrar may grant confidential status in respect of a specified motor vehicle if the Registrar certifies that the supply of personal information or information on that motor vehicle would be likely to prejudice—
a: the security or defence of New Zealand:
b: the international relations of the Government of New Zealand:
c: the maintenance of the law, including the detection, investigation, and prevention of offences:
d: the right to a fair trial of any person:
e: the privacy or personal safety of any person.
3: The Registrar must decline to supply personal information or information on a motor vehicle if the Registrar has granted confidential status under subsection (2)
4: Despite subsection (3)
a: may be supplied for the purposes set out in section 235(a) to (c)
b: must be released if disclosure is—
i: required by another enactment; or
ii: to the Police at the request of the Commissioner of Police.
5: In considering under subsection (4)(a)
a: consult any agency that provided advice in support of the granting of confidential status in respect of the vehicle or vehicles to which the information relates; and
b: have regard to the reasons for which that status was granted. 1986 No 6 s 19(4), (5)
240: Complaints procedure
1: Complaints may be made to the Attorney-General against a decision of the Registrar made under section 239(1) or (2)
2: The Attorney-General may investigate a complaint and either—
a: confirm the decision of the Registrar that was the subject of the complaint; or
b: if the Attorney-General considers that the complaint is valid, reverse the Registrar’s decision. 1986 No 6 s 19(5A) .
4: The following section is inserted in its appropriate order:
241: Authorised access to name and address only
1: After consulting with the Privacy Commissioner, the Chief Ombudsman, and the Commissioner of Police, the Secretary may, by notice in the Gazette
a: for specified purposes (in addition to the purposes recognised by section 235
b: on conditions that the Secretary thinks fit; and
c: for a specified event or specified period of time not exceeding 5 years.
2: The Secretary may, as he or she thinks fit, cancel or amend by notice in the Gazette subsection (1)
(3): An application for authorisation under subsection (1)
a: made to the Secretary in accordance with any regulations made under this Part; and
b: accompanied by the prescribed fee.
4: The Secretary must decide whether to approve the application, and must inform the applicant of his or her decision, within a reasonable time after receiving the information reasonably required by him or her to make the decision.
5: The Secretary may refuse to consider the application if the Secretary believes that it is vexatious or frivolous.
6: The Registrar may withhold the names and addresses of registered persons from a person authorised by a notice published under subsection (1)
a: the names and addresses will be—
i: kept secure by that person and his or her agents, if any; and
ii: used only for the purpose specified in the notice published under subsection (1)
b: provision of the names and addresses will not compromise the purpose of any confidential status granted under section 239
c: any conditions specified in that notice will be complied with.
7: An authorisation under subsection (1)
a: who were previously registered in respect of motor vehicles; or
b: who have notified the Registrar, in accordance with any regulations made under this Part, that they do not wish to have their names and addresses made available under subsection (1)
5: The following heading and sections are inserted in their appropriate order: Registration and licensing requirements
242: Motor vehicles must be registered and licensed
1: A motor vehicle must not be operated on a road unless the motor vehicle—
a: is registered and licensed in accordance with this Part; and
b: has affixed to it and displayed in the manner prescribed by regulations made under this Part—
i: the registration plates issued for it; and
ii: a current licence issued for it and appropriate for its use under section 244
2: The person registered in respect of a motor vehicle in accordance with this Part must—
a: keep the motor vehicle licensed at all times in accordance with this Part; and
b: ensure that the prescribed fees and accident insurance levies are paid for the time that the motor vehicle is required to be licensed (whether or not it is actually licensed).
3: Subsections (1) and (2) subsections (1) and (2)
4: A motor vehicle that is a registered motor vehicle under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding former Act immediately before the commencement of this Part is to be treated as if it were registered under this Part. 1986 No 6 s 5(1), (1A), (5)
243: Application for registration
1: An application for registration of a motor vehicle must be—
a: made by or on behalf of the owner to the Registrar in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: an application for a licence for the motor vehicle.
2: The only persons who may be registered in respect of motor vehicles are—
a: a natural person of or over 15 years of age; or
b: a body corporate; or
c: an agent of the Executive Government of New Zealand.
3: If more than 1 person owns a motor vehicle, only 1 of them may be registered in respect of that vehicle at any given time.
4: Unless the registration is cancelled under this Part, the registration of a motor vehicle continues in force without renewal.
5: In relation to a vehicle treated by virtue of section 242(4)
a: the person registered as the owner of the vehicle immediately before the commencement of this section is to be treated as being registered in respect of the vehicle under this Part; and
b: if there is more than 1 such person, each of them is to be treated as being so registered (accordingly, subsection (3) 1986 No 6 ss 6A, 7(1), (1A), (2), (3), (4), 8(2), 22(3)
244: Application for, and issuing of, licence
1: An application for a licence for a motor vehicle must be made to the Registrar by or on behalf of the person registered (or to be registered) in respect of the vehicle in accordance with any regulations made under this Part.
2: As soon as practicable after receiving a completed application under subsection (1)
a: in accordance with any regulations made under this Part; and
b: for a licensing period specified in any regulations made under this Part.
3: A licence must not be issued for a motor vehicle that is not registered in accordance with section 242
4: In relation to a vehicle treated by virtue of section 242(4) 1986 No 6 ss 10(1), (2), 13(1)–(3)
245: Commencement of licence
Except as otherwise prescribed by regulations made under this Part, a licence commences,—
a: in the case of a newly registered motor vehicle, on the day of its registration; or
b: on the day after the expiry of the previous licence.
246: Change of use of motor vehicle
1: If a motor vehicle is to be used for a purpose other than that indicated by the existing licence, the person registered in respect of the motor vehicle must, without delay, apply for the appropriate new licence.
2: The issue of a new licence must be in accordance with regulations made under this Part. 1986 No 6 s 16(1) .
6: The following heading and section are inserted in their appropriate order: Change of registered person on sale or other disposition
247: Obligations of sellers and acquirers of motor vehicles
1: After the sale of a registered motor vehicle,—
a: the person registered in respect of the vehicle at the time of sale must, without delay, notify the Registrar of the particulars required by any regulations made under this Part; and
b: the person who acquires a motor vehicle must, without delay, notify the Registrar of the particulars required by any regulations made under this Part.
2: A person must, without delay, notify the Registrar of the particulars required by any regulations made under this Part, if that person acquires a motor vehicle—
a: by means other than the sale of that vehicle; and
b: in a manner specified in any regulations made under this Part.
3: A notification required by this section must be made in accordance with any regulations made under this Part.
7: The following sections are inserted in their appropriate order:
248: Prohibition against use of motor vehicle
1: This section applies if an enforcement officer or a parking warden believes on reasonable grounds that—
a: a person driving a motor vehicle on a road has committed an offence in relation to which an officer or warden has enforcement powers under this Act or another enactment; and
b: the motor vehicle is not registered under this Part in the name of the current owner of the motor vehicle or with the current address of that person.
2: The enforcement officer or parking warden may give to the driver or owner of the motor vehicle, if present, or affix or cause to be affixed to the motor vehicle, a notice in the form approved by the Registrar for the purpose directing that the motor vehicle—
a: be removed from the road immediately; and
b: not be driven on a road for as long as the notice is in force in accordance with subsection (3)
3: A notice given under subsection (2)
a: comes into effect at 11.59 pm on the working day after the day when the notice is issued (unless the name and current address of the owner are registered before that time); and
b: remains in force until the motor vehicle has been registered in the name and current address of the owner.
4: Where more than 1 person owns a motor vehicle, reference in this section to the owner is to any 1 of those persons.
249: Circumstances when motor vehicle may be seized and impounded
1: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle if the enforcement officer believes on reasonable grounds that a person has driven the motor vehicle on a road while a notice given under section 248(2)
2: If a motor vehicle is seized and impounded under subsection (1)
a: acknowledges that the specified motor vehicle has been seized and impounded; and
b: sets out the following matters (if the particulars are reasonably ascertainable):
i: the name and address of the driver; and
ii: the year and make of the motor vehicle, and the details of its registration plates or vehicle identification number; and
iii: the date and time of the seizure; and
iv: the place where the motor vehicle is, or is to be, impounded; and
v: an outline of the driver's rights of appeal under section 267
250: Personal property
Personal property (other than property attached to or used in connection with the operation of the motor vehicle) present in a motor vehicle at the time of its seizure and impoundment under section 249
a: on request made at the time of the seizure, to a person who produces satisfactory evidence that he or she was lawfully entitled to possess the motor vehicle or the personal property immediately before the motor vehicle was seized and impounded; or
b: subsequently, to—
i: the owner of the personal property; or
ii: a person acting on behalf of the owner of the personal property, if the person produces satisfactory evidence of the owner’s consent to the property being released to that person.
251: Storage of impounded motor vehicles
1: A motor vehicle seized and impounded under section 249
2: The owner of the impounded motor vehicle is liable for the fees and charges incurred for towage and storage.
3: The local authority or storage provider, as the case may be, is entitled to recover the due fees and charges from the owner of the motor vehicle.
4: Subsections (2) and (3)
5: No person may remove or release an impounded motor vehicle from storage, unless that is permitted under this Act.
6: For the purpose of this section, the Commissioner, a person authorised for the purpose by the Commissioner, or a local authority may, as that person thinks necessary, enter into appropriate arrangements with vehicle recovery service operators and storage providers.
252: Release of motor vehicle
1: The owner of a motor vehicle that has been seized and impounded under section 249
a: showing to an enforcement officer—
i: proof of the owner’s identity and either—
A: the certificate of registration of the motor vehicle in the name of that owner; or
B: proof that the owner has supplied to the Registrar the details required under section 247(1)
ii: proof that no fines for which an owner is liable, and that were incurred while the owner owned the motor vehicle, are in default; and
b: paying the towage and storage fees and charges.
2: The storage provider must release the motor vehicle as soon as practicable after the requirements of subsection (1)
3: An enforcement officer must order the release of an impounded motor vehicle to the owner of the motor vehicle, or a person authorised for the purpose by the owner, as soon as practicable after receiving evidence that the motor vehicle was registered in the name of that owner and with the current address of that owner, at the time of its impoundment.
4: The owner of a motor vehicle released under subsection (3)
253: Disposal of motor vehicle
1: This section applies to a motor vehicle seized and impounded under section 249
2: The storage provider with possession of the motor vehicle may dispose of the motor vehicle in accordance with subsection (3) or (5)
3: A storage provider that is not a local authority may—
a: apply to an enforcement officer authorised for the purpose by the Commissioner for approval to dispose of a motor vehicle under subsection (2)
b: with the enforcement officer’s written approval, dispose of the motor vehicle on such terms and conditions as the officer thinks fit.
4: If approval is given under subsection (3)
5: A storage provider that is a local authority may dispose of a motor vehicle under subsection (2)
6: However, before disposing of a motor vehicle under subsection (3) or (5)
a: search the personal property securities register to identify every person with a security interest in the motor vehicle; and
b: notify in writing every person with a security interest in the motor vehicle.
7: For the purposes of subsection (6) security interest
254: Impounded motor vehicle not to be damaged
1: This section applies to a person authorised by an enforcement officer to—
a: enter a motor vehicle for the purpose of moving it or preparing it for movement; or
b: impound a motor vehicle.
2: The person referred to in subsection (1)
8: The following heading and sections are inserted in their appropriate order: Cancellation of registration
255: Cancellation of registration
The Registrar may cancel the registration of a registered motor vehicle in accordance with any regulations made under this Part.
256: Discretion to refund fees
1: This section applies if—
a: the Registrar cancels the registration of a motor vehicle under section 255
b: a person surrenders a trade plate before the expiry of that plate and the Registrar considers it appropriate to exercise the power specified in subsection (2)
2: If this section applies, the Registrar may, without further authority than this section, refund or cause to be refunded out of a Crown Bank Account an amount equal to the amount of the—
a: licence fee paid for the period for which registration is cancelled:
b: trade plate fee paid for the period for which the trade plate is surrendered. 1986 No 6 s 27(2) .
9: The following heading and section are inserted in their appropriate order: Registration plates
257: Issue of plates and certificates of registration
1: The Registrar must, if satisfied that an application for registration of a motor vehicle made in accordance with regulations made under this Part is in order,—
a: in the case of ordinary plates,—
i: assign numbers, letters, a distinguishing mark, or a combination of any of these for the ordinary plates that are to be affixed to the motor vehicle; and
ii: issue to the applicant an ordinary plate or plates for the motor vehicle; and
b: in the case of personalised plates, issue the unique numbers, letters, distinguishing marks, or combination of any of these assigned for use on the plates that are to be affixed to the motor vehicle; and
c: issue a certificate of registration for the motor vehicle.
2: A new number or distinguishing mark may be assigned to the motor vehicle if new ordinary plates are issued for it.
3: Ordinary plates issued under this section must be displayed on the motor vehicle unless personalised plates or trade plates are displayed in accordance with this Part or regulations made under this Part.
4: A person to whom registration plates are issued under this section must, at the discretion of the Registrar, surrender any existing registration plates for that motor vehicle to the Registrar. 1986 No 6 s 8(1)–(3) .
10: The following section is inserted in its appropriate order:
258: Supplementary plates
1: A registered person may apply to the Registrar for supplementary plates in accordance with any regulations made under this Part.
2: Supplementary plates must be issued and displayed in accordance with any such regulations.
11: The following sections are inserted in their appropriate order:
259: Contract to dispose of rights to personalised plates
1: The Registrar may, after consulting with the Minister, enter into a contract to authorise a person to sell or otherwise dispose of the exclusive right to 1 or more letters or numbers, or a combination of both, allocated in accordance with regulations made under this Part for use on personalised plates.
2: Nothing in subsection (1)
3: A contract that was entered into under section 9 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and is in force immediately before commencement of this section is deemed to have been entered into under and in accordance with this section.
4: A contract entered into (or deemed to have been entered into) under this section may be terminated by either party on giving reasonable notice to the other party, despite anything to the contrary in the contract or elsewhere.
5: If no contract is in force under this section in respect of particular letters or numbers or combinations of both, the Registrar is the person entitled to sell or dispose of the exclusive right to those letters or numbers or combinations of both for use on personalised plates. 1986 No 6 s 9(2), (5)
260: Acquisition and disposal of personalised plates
1: A person who wishes to purchase or otherwise acquire personalised plates, or the exclusive right specified in section 259
a: apply to the authorised person referred to in section 259
i: to purchase the exclusive right specified in section 259
ii: to convert the existing registration plates of a motor vehicle to personalised plates bearing the same combination of letters and numbers as the existing plates; or
b: purchase that exclusive right on the open market, whether or not the personalised plates have been manufactured.
2: A person who purchases or otherwise acquires personalised plates, or the exclusive right specified in section 259
a: sell or otherwise dispose of them to any other person; or
b: transfer them between motor vehicles owned by that person; or
c: surrender them for ordinary plates.
3: Despite anything in subsections (1) and (2)
4: Personalised plates must be issued in accordance with any regulations made under this Part. 1986 No 6 ss 9A, 9B, 9C .
12: The following sections are inserted in their appropriate order:
261: Eligibility for trade plates
The Minister may, by notice in the Gazette
a: declare the persons or classes of persons who are eligible to apply for and receive trade plates; and
b: prescribe the purpose for which trade plates may be used; and
c: remove the eligibility of persons or classes of persons to apply for and receive or to use trade plates.
262: Application for trade plates
1: A person who is, or who is within a class of persons, eligible to receive trade plates may apply to the Registrar for trade plates.
2: An application must be—
a: made in accordance with any regulations made under this Part; and
b: accompanied by—
i: the prescribed fee; and
ii: the accident insurance levy.
3: Trade plates must be issued and used in accordance with any regulations made under this Part. 1986 No 6 s 30(2), (3)
263: Transitional provision for existing registration plates
Registration plates issued under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or any corresponding Act are to be treated as registration plates issued under this Part.
13: The following heading and sections are inserted in their appropriate order: General provisions relating to registration and licensing
264: Replacement of certificate of registration, licence, or registration plates
1: If the certificate of registration, licence, or registration plates for a motor vehicle have been lost, stolen, damaged, or destroyed, the registered person may, in accordance with any regulations made under this Part, apply for a replacement or duplicate of the certificate of registration, licence, or registration plates.
2: The Registrar may, if satisfied that subsection (1)
3: In the case of registration plates,—
a: the replacement or duplicate must have the same letters, numbers, distinguishing marks or combination of letters, numbers or distinguishing marks as were assigned to the plates that were lost, stolen, damaged, or destroyed; but
b: nothing in this section requires the Registrar to issue an exact replica of those plates (for example, in terms of colour, format, font, or size).
265: Surrender and seizure of registration plates and facsimile plates
1: The Registrar may order the surrender of—
a: any registration plates if the Registrar is satisfied that the plates—
i: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
ii: being ordinary plates, are not affixed to a motor vehicle; or
iii: have been issued in error or are being used (or are likely to be used) unlawfully; or
b: personalised plates if the Registrar has received a complaint about the plates and considers they are likely to cause offence or confusion; or
c: facsimile plates.
2: An enforcement officer may seize any registration plates if the enforcement officer is satisfied that the plates—
a: are affixed to a motor vehicle other than the motor vehicle to which they may be lawfully affixed; or
b: being ordinary plates, are not affixed to a motor vehicle; or
c: have been issued in error or are being used (or are likely to be used) unlawfully; or
d: have been ordered by the Registrar to be surrendered under subsection (1)
3: An enforcement officer may seize and destroy any facsimile plates.
4: For the purposes of subsections (1)(c) and (3) facsimile plate 1986 No 6 ss 8(4), 9D(3)
266: Registrar may prohibit or decline to issue plates
The Registrar may, in accordance with regulations made under this Part,—
a: prohibit the use of certain numbers, letters, or combinations of numbers or letters on personalised plates:
b: decline to issue supplementary plates:
c: decline to issue trade plates.
14: The following section is inserted in its appropriate order:
267: Appeal to District Court
1: A person may appeal to a District Court against a specified decision made under this Part by the Registrar or an enforcement officer if the person—
a: is a person in respect of whom the decision was made; and
b: is dissatisfied with the decision.
2: The Court may confirm, reverse, or modify the specified decision appealed against.
3: Every specified decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with this Part on the ground that an appeal is pending.
4: For the purposes of this section, a specified decision
a: seize and impound a motor vehicle under section 249
b: refuse to issue a supplementary plate or a trade plate in accordance with regulations made under this Part:
c: require the surrender of ordinary plates, personalised plates, supplementary plates, or trade plates in accordance with section 265
d: seize plates under section 265(2)
15: The following heading and section are inserted in their appropriate order: Offences and penalties
268: Infringement offences
An enforcement authority may, in relation to infringement offences against regulations made under this Part, exercise the powers specified in sections 138 to 141.
16: The following heading and sections are inserted in their appropriate order: Regulations
269: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing for—
i: the licensing and registration of motor vehicles, including (but not limited to)—
A: the requirements for eligibility:
B: cancellation:
(C): correction of errors or inaccuracies:
D: cases where particulars need not be recorded on the register:
ii: the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—
A: a statutory declaration by the person to be registered in respect of a motor vehicle that the person is the owner of the motor vehicle:
(B): evidence of a person's identity (such as a driver licence):
C: the certificate of registration for a motor vehicle:
D: a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:
E: a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:
F: evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:
iii: the manufacture, issuing, cancellation, refusal to issue, or surrender of licences and registration plates:
iv: the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:
b: exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—
i: any specified requirements of this Part or of regulations made under this Part:
ii: any prescribed fees:
c: imposing, or authorising the Registrar to impose, conditions in respect of—
i: the use of licences or registration plates:
ii: the operation of a registered motor vehicle on a road:
iii: any matter provided for in regulations made under this Part:
d: making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):
e: prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:
f: permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:
g: prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:
h: prescribing, or authorising the Registrar to prescribe,—
i: the form, colour, and material of licences and registration plates; and
ii: the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences and registration plates; and
iii: the means to make licences and registration plates easily visible; and
iv: the number of licences and registration plates to be displayed and the position and manner in which they are to be displayed; and
v: the eligibility requirements for licences, licence labels, and registration plates; and
vi: the duration of licences and registration plates:
i: specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:
j: authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 247 section 247
k: specifying offences for the purposes of this Part:
l: specifying infringement offences for the purposes of this Part:
m: setting out defences to any offences specified under paragraph (k) or (l)
n: setting out the maximum penalty for each offence specified under paragraph (k)
i: in the case of an individual, may be a fine not exceeding $10,000; and
ii: in the case of a body corporate, may be a fine not exceeding $50,000:
o: setting the infringement fee for each offence specified under paragraph (l)
i: in the case of an individual, may not exceed $2,000; and
ii: in the case of a body corporate, may not exceed $10,000:
p: prescribing fees or charges payable in respect of—
i: any application made, or other matter undertaken, under this Part:
ii: any transfer of personalised plates:
q: prescribing fees or charges to cover the costs of—
i: providing information from, or administrative services related to, the register:
ii: producing and issuing licences and registration plates:
iii: replacement certificates, licences, or registration plates:
r: identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003:
s: providing for unpaid fees and charges to be recoverable as a debt due to the Crown:
t: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
2: Without limiting the generality of subsection (1)
a: define a class of motor vehicles by reference to—
i: the actual or intended motor vehicle usage:
ii: ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:
iii: loss of possession or control, whether because of theft or another specified reason:
b: provide that if a registered person applies for an exemption from the requirement in section 242(2)
i: commencing on the day after the date of expiry of the former licence; and
ii: ending on the close of the day immediately before the date when the application for an exemption is lodged:
c: authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)(b)
d: provide that exemptions referred to in subsection (1)(b)
e: provide that exemptions from the requirements in section 242(1) or (2)
f: provide for the renewal or revocation of exemptions referred to in subsection (1)(b)
g: prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:
h: prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plate.
(3): Section 168 applies to regulations made under subsection (1)(p) or (q)
4: Without limiting the generality of subsection (3)
a: the New Zealand Police:
b: a statutory entity (within the meaning of the Crown Entities Act 2004):
c: a department specified in Schedule 1 of the State Sector Act 1988. 1986 No 6 s 35A
270: Fees and charges identified as land transport revenue
1: This section applies to regulations made by Order in Council under section 269 relevant regulations
2: If relevant regulations are made on or before 30 June in any year, they expire on the close of 31 December of that year except so far as they are expressly confirmed by Act of Parliament passed during that year.
3: If relevant regulations are made on or after 1 July in any year, they expire on the close of 31 December in the following year except so far as they are expressly confirmed by Act of Parliament passed before the end of that following year.
4: If relevant regulations expire by virtue of subsection (2) or (3)
5: The reference in subsection (4)
a: prescribed (or having effect as if prescribed) under section 167 or 168B in respect of the same or substantially the same matter; and
b: in force immediately before the commencement of this section.
6: If relevant regulations expire by virtue of subsection (2) or (3)
7: Relevant regulations that the House of Representatives resolves should be revoked or varied are revoked or varied in accordance with the terms of the resolution, and any fees and charges collected under the relevant regulations in excess of the fees and charges otherwise payable are, so far as that resolution provides, to be refunded.
8: The repeal of any Act of Parliament passed for the purpose of expressly validating or confirming relevant regulations under subsection (2) or (3)
17: The following headings and sections are inserted in their appropriate order: Appointment
271: Appointment of Registrar
Nothing in this Part prevents the Minister from appointing the Agency to be the Registrar of Motor Vehicles if the Minister thinks it appropriate to do so. Delegations and authorisations
272: Delegations
1: The Registrar may, either generally or particularly, delegate to specified persons any of the Registrar's functions or powers under this Part.
2: However, subsection (1)
3: If the Registrar delegates functions or powers to a person under this section, that person—
a: may, with the prior approval of the Minister, delegate to another person approved functions or powers; and
b: is, in the case of a person not employed in the State services, subject to—
i: the Official Information Act 1982; and
ii: the Ombudsmen Act 1975.
4: A person to whom functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.
5: The Registrar may—
a: delegate a function or power under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being; and
b: impose general or special directions or conditions.
6: A delegation may be given for a specific or indefinite period, but in either case is revocable at will.
7: A delegation of a function or power does not prevent the performance of that function or the exercise of that power by the Registrar.
8: A delegation given under this section—
a: continues in force according to its tenor until it is revoked, even if the Registrar who gave the delegation ceases to be Registrar; and
b: continues to have effect as if it were made by the person appointed as Registrar.
9: A person acting or purporting to act under a delegation under this section must, when reasonably requested, produce evidence of the person's authority to do so.
10: In this section, person 1986 No 6 s 51A
273: Authorisations by Registrar
1: The Registrar may—
a: authorise any persons, or their agents or employees, to issue licences, certificates of registration, and registration plates for motor vehicles under this Part (including replacements as appropriate); and
b: specify how the authority must be exercised; and
c: appoint, and specify the functions and duties of, agents for notifying a change of ownership of a motor vehicle.
2: A person who is authorised under subsection (1)
a: the Official Information Act 1982; and
b: the Ombudsmen Act 1975. 1986 No 6 ss 8(6), 13(6), 34(2) .
18: The following heading and sections are inserted in their appropriate order: Fees and charges
274: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue. 1986 No 6 s 36
275: Other prescribed fees received under this Part
1: This section applies to prescribed fees that are received under this Part and that are not referred to in section 274
2: Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.
3: However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.
4: For the purposes of this section, prescribed recipient 1986 No 6 s 36AA .
2: Repeal, revocation, and consequential amendments
33: Repeal
The Transport (Vehicle and Driver Registration and Licensing) Act 1986 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle and Driver Registration and Licensing) Act 1986
34: Revocation
The Transport (Vehicle Registration and Licensing) Amendment Regulations 2006 OIC (SR 2011/78) 2011-05-01 Transport (Vehicle Registration and Licensing) Amendment Regulations 2006
35: Consequential amendments
1: The Land Transport Act 1998 Schedule 1
2: The heading to Part 5 of Schedule 2 of the Land Transport Act 1998 is amended by omitting 1 July 2009 date or dates appointed by Order in Council
3: The Land Transport Amendment Act (No 2) 2006 is amended by repealing sections 2(1) 6
4: The Acts specified in Part 1 of Schedule 2 Part
5: The regulations specified in Part 2 of Schedule 2 Part
6: The Land Transport Rules specified in Part 3 of Schedule 2 Part
7: From the commencement of this section, every reference in any enactment or document to the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Land Transport Act 1998
8: From the commencement of this section, every reference in any enactment or document to trade licence must, unless the context otherwise requires, be read as a reference to trade plate as defined in section 233(1) 2009-06-29 Land Transport Amendment Act (No 2) 2006 OIC (SR 2011/78) 2011-05-01 Domestic Violence Act 1995 Fire Service Act 1975 Goods and Services Tax Act 1985 Government Roading Powers Act 1989 Injury Prevention, Rehabilitation, and Compensation Act 2001 Land Transport Management Act 2003 Local Government Act 1974 Machinery Act 1950 Motor Vehicle Sales Act 2003 National Parks Act 1980 Petroleum Demand Restraint Act 1981 Privacy Act 1993 Public Works Act 1981 Reserves Act 1977 Road User Charges Act 1977 Sentencing Act 2002 Summary Proceedings Act 1957 Tauranga District Council (Route K Toll) Empowering Act 2000 Transport Act 1962 Biosecurity (Costs) Regulations 2006 Consumer Information Standards (Used Motor Vehicles) Regulations 2008 Domestic Violence (Public Registers) Regulations 1998 Injury Prevention, Rehabilitation, and Compensation (Motor Vehicles Levies) Regulations 2008 Land Transport (Certification and Other Fees) Regulations 1999 Land Transport (Infringement and Reminder Notices) Regulations 1998 Land Transport Management (Apportionment and Refund of Excise Duty and Excise-Equivalent Duty) Regulations 2004 Land Transport Management (Road Tolling Scheme for ALPURT B2) Order 2005 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999 Land Transport (Storage and Towage Fees for Impounded Vehicles) Regulations 1999 Motor Vehicle Sales Regulations 2003 Personal Property Securities Regulations 2001 Sentencing Regulations 2002 Transport Services Licensing Regulations 1989 Transport (Vehicular Traffic Road Closure) Regulations 1965 Land Transport (Driver Licensing) Rule 1999 Land Transport (Road User) Rule 2004


1: Title
This Act is the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009.
2: Commencement
This Act comes into force on 2 July 2009.
3: Interpretation
In this Act, unless the context otherwise requires, the terms Estimates other expenses Supplementary Estimates Public Finance Act 1989
4: Interim meaning of
funding entitlements for parliamentary purposes
1: In the Parliamentary Service Act 2000 funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party (within the meaning of that Act) of its role and functions as a recognised party:
c: the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
d: the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
e: the provision of services and resources to support electoral candidates to whom section 9C section 9B
f: the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
2: However, despite subsection (1)(c) and (d) funding entitlements for parliamentary purposes section 20A
3: In subsection (1)(d), electioneering
a: seeks support for the election of a particular person or people; or
b: seeks support for the casting of a party vote for a particular political party or political parties; or
c: encourages any person to become a member of a particular political party or political parties; or
d: solicits subscriptions or other financial support.
4: The following must, as far as possible, be interpreted consistently with subsections (1) to (3):
a: all determinations made under section 20A
b: all directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000
c: the scope of each category of non-departmental other expenses in Vote Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses relates to—
i: members' communications; or
ii: member support; or
iii: party and member support funding of any party; or
iv: travel of members and others:
d: the scope of each category of non-departmental other expenses in Vote Parliamentary Service as stated in the Estimates or the Supplementary Estimates to the extent that the category of non-departmental other expenses replaces 1 or more of the categories listed in paragraph (c).
5: Expiry
This Act expires with the close of 31 December 2010. 2011-01-01 Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2009


1: Title
This Act is the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Climate Change Response Act 2002 2009-07-01 Climate Change Response Act 2002
1: Forestry sector amendments
4: Other regulations
Section 168(1)
ca: prescribing a date by which an application to the chief executive must be submitted under section 183, which must be no later than 1 July 2010; and .
5: Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land
1: Section 183(3) subsection (1) subsection (2)
2: Section 183(3)
a: be submitted to the chief executive by—
i: the date prescribed by regulations made under section 168(1)(ca)
ii: in the absence of a date prescribed by regulations made under section 168(1)(ca) .
3: Section 183(5) in that subsection in the public notice given under subsection (3)(a)(ii) section 168(1)(ca)
6: First emissions return for pre-1990 forest land activities
1: Section 196(1) in the period commencing on 1 January 2008 and ending on 31 December 2009 Schedule 3
2: Section 196(2) Section 65 applies Section 65(2) and (3) apply
3: Section 196
2A: A participant referred to in subsection (1) must, by 30 April 2011 but not before 1 January 2011, surrender the number of units listed in the participant’s assessment in the emissions return submitted under subsection (1)(b) in relation to the activity.
4: Section 196(3) required to be submitted under section 65
5: Section 196(5) carried out in 2008, the person who carried out the activity has until 31 January 2009 carried out in 2008 or 2009, the person who carried out the activity has until 31 January 2010
6: Section 196
7: Despite section 129(1)(b)(i), a person who carried out, before the commencement of this subsection, an activity listed in Part 1 of Schedule 3 for the period commencing with 1 January 2008 and ending with the close of 31 December 2009 is not liable under section 129(1)(b)(i) if the person notifies the chief executive of that activity on or before 31 January 2010.
7: New section 196A inserted
The following section is inserted after section 196
196A: Power to withdraw or suspend certain draft allocation plans
1: This section applies to any draft allocation plan publicly notified under section 78(3) before the commencement of this section.
2: If this section applies, the Minister may, by public notice, withdraw or suspend the draft allocation plan.
3: If the Minister suspends a draft allocation plan, the public notice must specify the period of suspension.
4: However, the Minister may, by subsequent public notice, end the suspension before the period of suspension expires.
5: When, or as soon as is reasonably practicable after, the suspension ends or expires, the Minister must renotify the draft allocation plan in accordance with section 78(3) and (4).
6: When a suspension ends or expires, the report required under section 78(5) must contain recommendations in respect of any submissions made under section 78(4) on the draft allocation plan before or after its suspension.
7: If the Minister withdraws a draft allocation plan, a new draft allocation plan must be prepared under section 78.
8: The Minister must ensure that a public notice given under subsection (2) or (4)
2: Miscellaneous technical amendments
8: Allocation to agriculture
Section 76(1) powers this section and section 78(2) powers
9: Draft allocation plans
Section 78(3)(b) the Act this Act
10: Incorporation by reference in regulations made under section 163
The heading to section 169 section 163 section 163, 164, 165, 167, or 168
11: Amendments to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: The item relating to the Climate Change Response Act 2002 in Part 2
a: omitting 120 133
b: omitting offence offences 2009-07-01 Summary Proceedings Act 1957


Tariff (AANZFTA) Amendment Act 2009

1: Title
This Act is the Tariff (AANZFTA) Amendment Act 2009.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 January 2010 Tariff (AANZFTA) Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the Tariff Act 1988 OIC SR 2009/347 2010-01-01 Tariff Act 1988 Implementation of preferential tariffs
4: Purpose of sections 5, 6, and 10
The purpose of sections 5 6 10
5: Interpretation
1: The definition of least developed country section 2(1) section 7 of this Act section 7A(1)(c)
2: The definition of less developed country section 2(1) section 7 of this Act section 7A(1)(d)
3: The definition of specified TPA party under section 7A(1)(b) Order in Council
4: Section 2(1) AANZFTA ASEAN preferential abbreviation section 7(3) preferential country section 7(3) specified AANZFTA party section 7A(1)(a) .
6: New sections 7 to 7B substituted
Sections 7 7A
7: Application of Tariff
1: The Tariff applies to goods in a Tariff item that are the product or manufacture of a preferential country at the rate—
a: specified after the preferential abbreviation (if any) in the column of the Tariff headed Preferential Tariff; or
b: specified in some other way (for example, in a footnote or other indicator) in the Tariff by reference to the preferential country or the preferential abbreviation.
2: The liability to duty of any goods that are the produce or manufacture of a country must, for the purposes of this section, be determined according to the status of that country at the time when the goods are imported into New Zealand.
3: In this section, unless the context otherwise requires,— preferential abbreviation note 3 preferential country note 3
7A: Orders in Council about preferential countries
1: The Governor-General may, by Order in Council, do all or any of the following:
a: declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act:
b: declare a country to be a specified TPA party for the purposes of this Act if the country—
i: is a party to the TPA; or
ii: is provisionally applying the terms of the TPA:
c: declare a country to be, or not to be, a least developed country for the purposes of this Act:
d: declare a country to be, or not to be, a less developed country for the purposes of this Act.
2: The Governor-General may, by an Order in Council making a declaration under subsection (1)
a: declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to that country is not to apply to that country:
b: modify, in whole or in part, the Tariff rates of duty applicable to goods from that country.
3: No modification under subsection (2)(b)
a: necessary or advisable in the public interest; and
b: consistent with New Zealand's international obligations.
4: No modification under subsection (2)(b)
7B: Evidence of whether South Pacific Regional Trade and Economic Co-operation Agreement is in force in relation to country
1: A certificate given by the Secretary of Foreign Affairs and Trade to the effect that any country is or is not one in relation to which, at the time of the importation or entry of the goods into New Zealand, the South Pacific Regional Trade and Economic Co-operation Agreement was in force for the purposes of this Act is conclusive evidence of that fact.
2: Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (1)
3: For the purposes of this section,— court District Court
a: a Family Court; and
b: a Youth Court person acting judicially proceeding
a: a proceeding conducted by a court; and
b: any interlocutory or other application to a court connected with a proceeding. Application of transitional safeguard measures and provisional transitional safeguard measures
7: Purpose of sections 8 and 9
The purpose of sections 8 9
8: Interpretation
The definition of free trade agreement section 15A ; or
c: the AANZFTA and AANZFTA side instruments that relate to safeguards .
9: Provisional transitional safeguard measure
Section 15H(1)(b)(ii) or the AANZFTA the China FTA
10: Schedule 1 amended
1: Note 2 of Schedule 1 The rate of duty of Free, appearing by itself in the Preferential Tariff duty column, means that goods from the following countries are entered free of duty (goods that are the produce or manufacture of countries in respect of which the following preferential abbreviations apply: AAN, AU, CA, CN, LDC, LLDC, Pac, SG, TH, or TPA).
2: Note 2 of Schedule 1 The rate of duty of Free applies under the Tariff to all goods that are the produce or manufacture of Singapore.
3: Schedule 1 Schedule


1: Title
This Act is the Customs and Excise (AANZFTA) Amendment Act 2009.
2: Commencement
This Act comes into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 January 2010 Customs and Excise (AANZFTA) Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the Customs and Excise Act 1996 OIC SR 2009/348 2010-01-01 Customs and Excise Act 1996
4: Purpose of Act
The purpose of this Act is to amend the principal Act
5: New Zealand certificates of origin for goods for export to China
1: The heading to section 64A China party to free trade agreement
2: Section 64A(1)
a: inserting in relation to a party to a free trade agreement (a certification body
b: omitting China that party
3: Section 64A(2) China a party to a free trade agreement
4: Section 64A(3)
a: omitting China FTA relevant free trade agreement
b: omitting the China FTA that agreement
5: Section 64A
3A: The Governor-General may, by Order in Council, declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act.
6: Section 64A
4: For the purposes of this section,— AANZFTA ASEAN China FTA free trade agreement
a: the China FTA; or
b: the AANZFTA party to a free trade agreement
a: in relation to the China FTA, China; or
b: in relation to the AANZFTA, a specified AANZFTA party specified AANZFTA party


Disputes Tribunals Amendment Act 2009

1: Title
This Act is the Disputes Tribunals Amendment Act 2009
2: Commencement
This Act comes into force on 1 August 2009.
3: Principal Act amended
This Act amends the Disputes Tribunals Act 1988 2009-08-01 Disputes Tribunals Act 1988
1: Amendments to principal Act
4: Jurisdiction of Tribunals
Section 10(1A) $7,500 $15,000
5: Extension of jurisdiction by agreement between the parties
Section 13(2) $12,000 $20,000
6: Abandonment to bring claim within jurisdiction
Section 14 $7,500 $15,000
7: Orders of Tribunal
1: Section 19(5) $7,500 $15,000
2: Section 19(7) $12,000 $20,000
2: Consequential amendments
8: Consequential amendments
The enactments listed in the Schedule 2009-08-01 Consumer Guarantees Act 1993 Credit Contracts and Consumer Finance Act 2003 Fair Trading Act 1986 Fencing Act 1978 Minors' Contracts Act 1969 Retirement Villages Act 2003


1: Title
This Act is the Securities (Disclosure) Amendment Act 2009.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act Securities Act 1978 2009-07-28 Securities Act 1978
4: Interpretation
Section 2(1) delayed allotment order section 44A(2) or (3) disclosure obligation
a: the requirements of the continuous disclosure provisions as defined in section 19D of the Securities Markets Act 1988; and
b: any obligation that—
i: requires ongoing disclosure of information to the public or to a person who has a role in monitoring the person who disclosed the information; and
ii: is imposed by an enactment; and
iii: is specified in the regulations offered in a simplified disclosure prospectus
a: by or on behalf of an issuer; and
b: in, or accompanied by, a simplified disclosure prospectus prohibition order section 44AE(1) simplified disclosure prospectus
a: the issuer is subject to a disclosure obligation; and
b: the regulations provide for the use of a simplified disclosure prospectus by a person who is subject to that type of disclosure obligation .
5: Construction of references to offering securities to the public
1: Section 3(2)(a)
iib: persons who have each previously paid a minimum subscription price of at least $500,000 for securities (the initial securities
A: the offer of the securities is made by the issuer of the initial securities; and
B: the offer of the securities is made within 18 months of the date of the first allotment of the initial securities: .
2: Section 3(8) or (iib) subsection (2)(a)(iia)
3: Section 3(9) or (iib)
6: New section 3A inserted
The following section is inserted after section 3
3A: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails.
7: Exemptions from this Act
1: Section 5(1)(d) 1952): 1952); or
2: Section 5(2CA)(a)(ii) or, if the securities are to be offered in a simplified disclosure prospectus, a copy of that prospectus investment statement
3: Section 5(2CB)(a) in New Zealand the only persons
4: Section 5
2CBA: Nothing in Part 2 (except sections 38B and 58) or the regulations applies in respect of a security if—
a: the only persons in New Zealand who are able, under the terms of the offer of the security, to subscribe for the security are—
i: eligible persons; and
ii: persons who fall within 1 or more of the categories set out in subparagraphs (i) to (iii) of section 3(2)(a); and
b: the subscriber is either—
i: an eligible person; or
ii: a person who falls within 1 or more of the categories set out in subparagraphs (i) to (iii) of section 3(2)(a).
5: Section 5(2CC) subsection (2CB) subsections (2CB) and (2CBA)
6: Section 5(2CD) 6 months 12 months
7: Section 5
2CDA: To avoid doubt, for the purposes of subsections (2CC)(a) and (2CD), person
a: the trustees of a trust acting jointly in their capacity as trustees of that trust; and
b: the sole trustee of a trust acting in his, her, or its capacity as trustee of that trust.
8: Section 5(2CE)
c: the person to whom the offer is made signs a written acknowledgment, before the security is allotted to the person, that—
i: the financial service provider has given the person neither an investment statement nor a registered prospectus relating to the security; and
ii: the person understands that he, she, or it will not receive information usually provided by an issuer in respect of an offer of securities to the public including (in particular) an investment statement and a registered prospectus.
8: Restrictions on distribution of prospectuses
Section 34
3: However, subsection (2)(a) does not apply to a simplified disclosure prospectus.
9: Void irregular allotments
Section 37
1A: No allotment of a security that is offered in a simplified disclosure prospectus may be made—
a: by a person who is subject to a prohibition order while that order is in force; or
b: in contravention of section 44AD(1)
10: Consent for purposes of section 37AC(1)(c) or (d)
1: Section 37AD(1)(b)
vii: if the security is offered in a simplified disclosure prospectus, a copy of that simplified disclosure prospectus.
2: Section 37AD
1A: However, subsection (1)(b)(iv) and (v) do not apply to securities that are offered in a simplified disclosure prospectus.
11: Voidable irregular allotments
1: Section 37A(1)
ab: in the case of a security that is offered in a simplified disclosure prospectus,—
i: the subscriber did not receive, before subscribing for the security, a copy of—
A: that simplified disclosure prospectus; and
B: every memorandum of amendments to that prospectus that is registered by the Registrar under section 43 before the time of allotment; or
ii: the Commission made a delayed allotment order in relation to that simplified disclosure prospectus and the subscriber subscribed for the security before the delayed allotment order was made; or .
2: Section 37A
1AA: However, subsection (1)(a) does not apply to securities that are offered in a simplified disclosure prospectus.
3: Section 37A(3) shall (whether or not the issuer is being in liquidation) be is (whether or not the issuer is in liquidation)
12: New heading and sections 44A to 44AG inserted
The following heading and sections are inserted after section 44 Delayed allotment orders and prohibition orders concerning simplified disclosure prospectuses
44A: Commission may make delayed allotment orders
1: This section applies if the Commission is of the opinion that the issuer of a security that is offered in a simplified disclosure prospectus—
a: has disclosed information in the prospectus that has not previously been publicly disclosed under the issuer's disclosure obligations, and that information is adverse to the issuer or the scheme and is material to the offer of the security; or
b: has disclosed information under the issuer's disclosure obligations between the date of the prospectus and the allotment date, and that information is adverse to the issuer or the scheme and is material to the offer of the security; or
c: has failed to comply with the issuer's disclosure obligations at any time during the previous 12 months.
2: If either subsection (1)(a) or (b)
3: If subsection (1)(c)
a: 14 days after the date of allotment stated in the terms of the offer; or
b: 14 days after the date on which the issuer's failure to comply with the issuer's disclosure obligations is remedied.
4: The Commission may make a delayed allotment order on the terms and conditions that the Commission thinks fit (which may include a condition that the issuer disclose or give public notice of specified information in any manner that the Commission thinks fit in the circumstances).
5: The Commission may vary a delayed allotment order in the same way as it may make the order.
6: The Commission may revoke a delayed allotment order, on the terms and conditions it thinks fit, if it is satisfied that it should not continue in force.
7: In this section, issuer's disclosure obligations
44AB: Notices and submissions concerning delayed allotment orders
1: The Commission may make a delayed allotment order only if—
a: the Commission gives the issuer at least 3 days' written notice of the following matters before the Commission makes the delayed allotment order:
i: the paragraph of section 44A(1)
ii: the proposed terms and conditions of the delayed allotment order; and
iii: the reasons for the proposed delayed allotment order; and
b: the Commission gives the issuer an opportunity to make a written submission within that notice period; and
c: the Commission has regard to any written submissions made to it within that notice period.
2: If the Commission makes a delayed allotment order,—
a: it must, immediately after the making of the order, notify the issuer of—
i: the terms and conditions of the order; and
ii: the reasons for the order; and
b: it must, immediately after the making of the order, give notice on its Internet site of—
i: the terms and conditions of the order; and
ii: the reasons for the order; and
iii: the information that is adverse to the issuer or the scheme and is material to the offer of the security, or the nature of the issuer's failure to comply with the issuer's disclosure obligations; and
iv: any other information the Commission thinks relevant in the circumstances; and
c: it may give public notice by any other means of the matters in paragraph (b)
d: it may notify any other person of the matters in paragraph (b)
3: If the Commission varies or revokes a delayed allotment order under section 44A(5) or (6)
a: it must immediately notify the issuer of—
i: the terms and conditions of the variation or revocation; and
ii: the reasons for the variation or revocation; and
b: it may give notice on its Internet site or give public notice by any other means of those matters; and
c: it may notify any other person of those matters.
44AC: Limited notice and submissions for urgent delayed allotment orders
If the Commission thinks it necessary or desirable in the public interest for a delayed allotment order to be made more urgently than section 44AB
a: it may give less than 3 days' notice before it makes the order, and the notice and submissions may be oral, not written; but
b: it must include in that notice the reasons for acting urgently and must otherwise comply with that section.
44AD: Effect of delayed allotment orders
1: No allotment of a security that is offered in a simplified disclosure prospectus to which a delayed allotment order applies may be made—
a: in contravention of the terms or conditions of the delayed allotment order or of its revocation; or
b: if a term or condition of the delayed allotment order remains unfulfilled; or
c: until after the delayed allotment order expires or is revoked.
2: If a person contravenes subsection (1) section 37(1A)(b) subsection (1)
3: If the Commission makes a delayed allotment order and a subscriber has subscribed for a security that is offered in a simplified disclosure prospectus to which that delayed allotment order applies before the Commission made the delayed allotment order, section 37A(1)(ab)(ii) Example
Issuer A makes an offer of securities to the public for subscription in a simplified disclosure prospectus. Tom subscribes for some of those securities. After Tom has subscribed for the securities, the Commission makes a delayed allotment order that applies to the simplified disclosure prospectus. Section 37A(1)(ab)(ii) In these circumstances, Issuer A's options may include the following:
a: Issuer A may ask Tom if he wants to resubscribe for the securities. In this case, Issuer A could obtain Tom's permission to use the money that Tom paid Issuer A when he originally subscribed for the securities ( Tom's subscription money section 37A(1)(ab)(ii)
b: Issuer A could withdraw the offer or take some other similar course of action. If Issuer A withdraws the offer it must pay Tom's subscription money back to him. Tom's subscription money must be held in trust for him until it is repaid ( see
c: Issuer A could allot the securities to Tom (once the delayed allotment order has expired or has been revoked) without Tom having resubscribed for the securities. In this case, the allotment would be valid ( see see see sections 37A(1)(ab)(ii) Tom's options include the following:
a: Tom may decide to leave Tom's subscription money with Issuer A and use that money to resubscribe for the securities. If Issuer A agrees to this, Issuer A may allot those securities to Tom (once the delayed allotment order has expired or has been revoked) without contravening section 37A(1)(ab)(ii)
b: Tom may require Issuer A to pay Tom's subscription money back to him. Tom's subscription money must be held in trust for him until it is repaid ( see
c: Tom may decide to take no action at all. In this case, if Issuer A allots the securities to Tom (once the delayed allotment order has expired or has been revoked), the allotment would be valid ( see see see sections 37A(1)(ab)(ii) see Regardless of which option is taken by Issuer A or Tom, if Issuer A allots securities to Tom in contravention of section 44AD(1) see sections 44AD(1), (2), and (4) 37(1A)(b) see
4: Subsections (1) and (2) subsection (3)
5: This section applies despite anything in the terms of the offer.
44AE: Commission may make prohibition orders
1: If the Commission is satisfied that a person ( person A
2: The Commission may make a prohibition order on the terms and conditions that the Commission thinks fit.
3: The Commission may vary a prohibition order in the same way as it may make the order.
4: The Commission may, either of its own volition or on the application of the person concerned, revoke or suspend a prohibition order, on the terms and conditions it thinks fit, if it is satisfied that it should not continue in force.
44AF: Notices and submissions concerning prohibition orders
1: The Commission may make a prohibition order only if—
a: the Commission gives the person concerned ( person A
i: the nature of person A's failure to comply with his, her, or its disclosure obligations; and
ii: the proposed terms and conditions of the prohibition order; and
iii: the reasons for the proposed prohibition order; and
b: the Commission gives person A an opportunity to make a written submission within that notice period; and
c: the Commission has regard to any written submissions made to it within that notice period.
2: If the Commission makes a prohibition order,—
a: it must, immediately after the making of the order, notify person A of—
i: the terms and conditions of the order; and
ii: the reasons for the order; and
b: it must, immediately after the making of the order, give notice on its Internet site of—
i: the terms and conditions of the order; and
ii: the reasons for the order; and
iii: the nature of person A's failure to comply with his, her, or its disclosure obligations; and
iv: any other information the Commission thinks relevant in the circumstances; and
c: it may give public notice by any other means of the matters in paragraph (b)
d: it may notify any other person of the matters in paragraph (b)
3: If the Commission varies, revokes, or suspends a prohibition order under section 44AE(3) or (4)
a: it must immediately notify person A of—
i: the terms and conditions of the variation, revocation, or suspension; and
ii: the reasons for the variation, revocation, or suspension; and
b: it may give notice on its Internet site or give public notice by any other means of those matters; and
c: it may notify any other person of those matters.
44AG: Effect of prohibition orders
If the Commission makes a prohibition order,—
a: a person who is prohibited by that order from using a simplified disclosure prospectus must not, while the prohibition order is in force,—
i: make an offer of securities to the public in, or accompanied by, a simplified disclosure prospectus; or
ii: distribute a simplified disclosure prospectus that relates to a security; or
iii: allot securities offered in a simplified disclosure prospectus; and
b: section 37(1A)(a)
13: Registration of trust deeds and deeds of participation
Section 46(3) under his or her hand
14: Power of Court to grant relief in certain cases
1: Section 63(1)(a) securities; securities; or
2: Section 63(1)(b) advertisement; advertisement; or
15: Regulations and Orders in Council
Section 70(1)
d: specifying obligations that are disclosure obligations for the purposes of this Act: .