1: Title
This Act is the Land Transport (NZTA) Legislation Amendment Act 2020.
2: Commencement
1: The following provisions come into force on 1 September 2020:
a: Part 1 sections 3 4(2) 5 6 14 19 20 21
b: Part 2 sections 23 24(2), (4), (5), (7), (8), (11), (12), and (13) 28 35 53 54 102 113 116 118(2) and (3) 120 123 125
2: The rest of this Act comes into force on the earlier of—
a: 1 April 2021; and
b: a date appointed by the Governor-General by Order in Council.
1: Amendments to Land Transport Management Act 2003
3: Amendments to Land Transport Management Act 2003
This Part amends the Land Transport Management Act 2003 2020-09-01 Land Transport Management Act 2003 Sections 3, 4(2), 5, 6, 14, 19, 20, 21 2021-04-01 Land Transport Management Act 2003 Rest of Part 1; can be brought into force earlier by Order in Council
4: Section 5 amended (Interpretation)
1: In section 5(1) Director section 104A land transport document
a: a land transport document within the meaning of section 2(1) of the Land Transport Act 1998; and
b: a rail document within the meaning of section 4(1) of the Railways Act 2005
2: In section 5(1) land transport Act
3: In section 5(1) statutorily independent function
5: Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
1: After section 9(1)
1A: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount agreed between the Minister of Transport and the Minister of Finance to fund the Agency’s regulatory functions and the Ministry’s associated monitoring functions.
1B: The Agency may, of its own volition, recommend that the Ministers agree to an amount under subsection (1A)
1C: Before making a recommendation, the Agency must—
a: publish a notice of the Agency’s proposed recommendation on its Internet site; and
b: give interested parties a reasonable time, specified in the notice, to make submissions on the proposed recommendation.
1D: The Agency must include the results of the consultation under subsection (1C)
2: In section 9(3) subsections (1) , (1A)
3: In section 9(5) (1), (1A)
6: Section 10 amended (National land transport fund)
In section 10(2)(a) section 9(1) or (1A)
7: Section 65N amended (Functions of Agency under this subpart)
Repeal section 65N(f)
8: New section 65NA inserted (Functions of Director under this subpart)
After section 65N
65NA: Functions of Director under this subpart
The Director’s functions under this subpart include prosecuting offences under section 65ZI.
9: Section 65W amended (Assessment of tax)
In section 65W(2)(a) and (b) Agency Director
10: Section 65X amended (Payment of regional fuel tax)
In section 65X(5)
a: replace Agency Director
b: replace if it considers if the Director considers
11: Section 65ZF amended (Agency and Auditor-General may require information)
1: In the heading to section 65ZF Agency Agency, Director,
2: Replace section 65ZF(1)
1: The Agency or the Director may require any person or regional council to provide to the Agency or the Director (as the case may be) information that the Agency or Director reasonably believes is relevant to the administration or enforcement of an RFT scheme.
12: Section 65ZG amended (Inspection of records or other information)
1: In section 65ZG(1) the Agency or the Director
2: In section 65ZG(2) The Agency or the Director
3: In section 65ZG(2)(c) the Agency or the Director
4: In section 65ZG(3) and (3)(c) the Agency or the Director
13: Section 65ZI amended (Offences and penalties)
In section 65ZI(1)(b) and (c) the Agency or the Director
14: Section 92 amended (Overview)
Repeal section 92(2)
15: Section 95 replaced (Functions of Agency)
Replace section 95
95: Functions of Agency
1: The functions of the Agency are as follows:
a: to contribute to an effective, efficient, and safe land transport system in the public interest: Regulatory functions
b: to contribute to establishing, implementing, operating, delivering, monitoring, and enforcing the regulation of the land transport system:
c: to publish its regulatory strategy in accordance with section 96A
d: to appoint and oversee the performance of the Director, including by ensuring that the Director performs efficiently and effectively:
e: to issue warnings, reports, and guidance, and to comment about any regulatory matter relating to the land transport system and its participants or any other persons engaged with it:
f: to manage and oversee regulatory requirements for land transport, including maintaining and preserving records and documents concerning activities within the land transport system and providing and maintaining registers:
g: to investigate and review accidents and incidents involving transport on land in its capacity as the responsible safety authority (subject to any limitations set out in the Transport Accident Investigation Commission Act 1990): Infrastructure, planning, and investment management functions
h: to manage the State highway system (including its planning, funding, design, supervision, construction, maintenance, and operation) in accordance with this Act and the Government Roading Powers Act 1989:
i: to oversee the planning, operation, implementation, and delivery of public transport (including issuing guidelines for regional public transport plans):
j: to manage funding of the land transport system, including—
i: administering land transport revenue; and
ii: auditing the performance of approved organisations in relation to activities approved by the Agency; and
iii: auditing the operation of the land transport disbursement accounts of those organisations:
k: to assist, advise, and co-operate with approved organisations:
l: to assist, advise, and co-operate with KiwiRail in relation to KiwiRail’s role in preparing each rail network investment programme:
m: to monitor and report to the Minister on the matters set out in section 102A: General functions
n: to deliver, or manage the delivery of, activities relating to research, education, and training in relation to the land transport system:
o: to deliver, or manage the delivery of, activities for ticketing systems and payments in relation to the land transport system (and for this purpose, the statutory exemption in section 43 of the Commerce Act 1986 applies to any activities delivered or managed in accordance with this provision):
p: to issue reports and guidance and to comment about any matter relating to the land transport system and its participants or any other persons engaged with it:
q: to advise, assist, or co-operate with any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Agency are satisfied that the performance of the Agency’s functions and duties will not be compromised:
r: to advise, assist, or co-operate with other specified agencies and overseas agencies (including under section 109B
s: to provide the Minister with any advice relating to the Agency’s functions that the Minister requests:
t: to carry out any other functions relating to land transport that the Minister directs in accordance with section 112 of the Crown Entities Act 2004:
u: to carry out the Agency’s functions, powers, and duties under other provisions of this Act or any other Act. Statutorily independent functions
2: The Agency’s statutorily independent functions are to—
a: determine whether particular activities should be included in a national land transport programme:
b: approve activities or combinations of activities under section 20:
c: approve procurement procedures under section 25.
3: When performing a statutorily independent function,—
a: the Agency must act independently; and
b: the Minister may not give directions to the Agency in relation to performing that function.
4: For the purposes of subsection (1)(r) overseas agency specified agency section 109B
16: New sections 96A to 96C inserted
After section 96
96A: Agency must adopt and publish regulatory strategy
1: The Agency must adopt a regulatory strategy that sets out how the Agency and the Director will perform their regulatory functions—
a: under the land transport Acts; and
b: under any other Acts that confer significant regulatory functions upon the Agency or the Director.
2: The strategy must include the following matters:
a: key areas of focus, including the key risks being targeted within those areas; and
b: the regulatory approach to be adopted, including in relation to monitoring, enforcement, and compliance; and
c: how performance will be assessed; and
d: methods for managing any potential conflict between the Agency’s regulatory functions and its other functions, powers, and duties; and
e: a summary of how the strategy will be updated and reviewed.
3: The Agency must make a copy of the strategy publicly available in accordance with section 108.
96B: Interests of persons in relation to committees that Agency required to establish under rules
1: In this section, committee section 159A
2: A person must not be appointed as a member of a committee unless, before appointment, they disclose, to the relevant person referred to in section 159A(2)(c)
3: Whether a person has an interest must be determined under section 62 of the Crown Entities Act 2004, and that section applies—
a: as if the committee were a statutory entity; and
b: with any necessary modifications.
96C: Delegation restrictions and other matters relating to committees that Agency required to establish under rules
The following matters apply to a committee that the Agency is required to establish by an ordinary rule to which section 159A
a: the Agency may delegate any of its functions or powers (except its general power of delegation), either generally or specifically, to the committee, but only if—
i: the function or power relates to the purpose for which the committee was established; and
ii: the delegation is within the scope specified in the rule of matters that can be delegated:
b: the members of the committee may regulate their own procedure except as otherwise provided in the rule:
c: the Crown Entities Act 2004 applies (or does not apply) to the committee as follows:
i: sections 74 to 76 apply, with any necessary modifications, to delegations made in accordance with paragraph (a)
ii: clause 14 of Schedule 5 does not apply; and
iii: clause 15 of Schedule 5 applies to the members of the committee.
17: Section 100 amended (Statement of intent)
In section 100(1)(d) 95(1)(j) 95(1)(t)
18: New sections 104A to 104C and cross-heading inserted
After section 104 Director of Land Transport
104A: Director of Land Transport
1: The Agency must appoint a Director of Land Transport.
2: The Director must not also hold the position of chief executive of the Agency.
3: The Agency must appoint the Director for a term of not more than 5 years, but may reappoint the Director.
4: The Agency’s board and the Director must agree the Director’s terms and conditions of employment.
5: To avoid doubt, when performing or exercising a function, duty, or power under this Act or any other Act, the Director—
a: does so as an employee of the Agency; but
b: must exercise independent judgement if that Act requires the Director to do so (for example, if there is any requirement to act independently of the Agency or any other person).
104B: Functions, powers, and duties of Director
1: The Director has—
a: the functions, powers, and duties conferred or imposed directly on the Director under this Act or any other Act; and
b: the functions and powers delegated to the Director by the Agency under this Act or any other Act.
2: Without limiting subsection (1)
a: providing leadership within the Agency in relation to any regulatory matters:
b: exercising control over entry into and exit from the land transport system through land transport documents:
c: monitoring, investigating, managing, and enforcing compliance in relation to matters under the land transport Acts:
d: monitoring adherence of the land transport system to regulatory requirements in other legislation relating to—
i: safety and security, including personal security; or
ii: access and mobility; or
iii: public health; or
iv: environmental sustainability:
e: monitoring and evaluating the performance of any person who carries out functions within the land transport system in a regulatory capacity:
f: ensuring regular reviews of the land transport regulatory system (including the funding system) to contribute to the achievement of the Agency’s objective:
g: issuing warnings, reports, or guidance, or commenting about,—
i: any matter relating to the regulation of land transport; or
ii: 1 or more holders of a land transport document; or
iii: 1 or more persons who engage in conduct in relation to land transport. Statutorily independent functions
3: The Director’s statutorily independent functions are to—
a: issue, endorse, alter, replace, renew, suspend, revoke, or impose conditions on any land transport document for which the Director is responsible; and
b: grant exemptions for which the Director is responsible; and
c: carry out any enforcement responsibilities conferred on the Director under this Act or any other Act.
4: When performing a statutorily independent function,—
a: the Director must act independently; and
b: the Minister, the Agency, or the Secretary may not give directions to the Director in relation to performing that function.
104C: Delegation of Director’s functions and powers
1: The Director may, either generally or particularly, delegate to any of the following persons any of the Director’s functions or powers conferred on the Director under any legislation:
a: a specified person:
b: persons of a specified class:
c: the holder or holders for the time being of a specified office:
d: the holder or holders for the time being of a specified class of offices.
2: Subsection (1)
a: the general power of delegation contained in this section; or
b: any functions or powers specified in any legislation as not being capable of delegation; or
c: any functions or powers specified in any legislation as only being capable of delegation to certain persons (for example, employees of the Agency) to the extent that the delegation exceeds the delegation’s capability.
3: A delegation must be in writing.
4: A delegation to any employee of the Agency, until revoked, continues in force according to its tenor even if the Director has ceased to hold office.
5: A delegation to any other person—
a: must not be made without the written consent of the Agency; and
b: must be given for a specified period; and
c: may be revoked at any time by written notice.
6: Any person purporting to act under a delegation must, when reasonably requested to do so, produce evidence of the person’s authority to so act.
7: For the purposes of this section, sections 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.
19: Section 106 amended (Functions of regional transport committees)
After section 106(3)
4: Each regional transport committee (including the regional transport committee for Auckland) must also carry out any functions conferred on a regional transport committee under any other provision of this Act (including functions conferred by regulations made under section 109(c)
20: Section 109 amended (Regulations)
After section 109(b)
c: specifying any functions of regional transport committees:
d: identifying 1 or more entities that are additional to those listed in the definition of specified agency in section 109B(7)
21: New sections 109A and 109B inserted
After section 109
109A: Confidentiality of information and documents
1: This section applies if the Agency obtains information or gains access to a document when performing or exercising any function, power, or duty under this Act or any other land transport Act.
2: The Agency may publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies only if—
a: publishing or disclosing the information or document is for the purposes of, or in connection with, the Agency performing or exercising a function, power, or duty under this Act or any other Act; or
b: the information or document is available to the public under any enactment or is otherwise publicly available; or
c: the information is in a statistical or summary form; or
d: the person to whom the information or document relates, or to whom the information or document is confidential, consents; or
e: the Agency is required or authorised by law to do so (including by a court order); or
f: publishing or disclosing the information or document is—
i: in accordance with section 109B
ii: to a person who the Agency is satisfied has a proper interest in receiving the information or document.
3: The Agency must not publish or disclose, or direct a person to publish or disclose, any information or document to a person under subsection (2)(f)(ii)
4: In relation to personal information, this section applies subject to the Privacy Act 1993.
5: To avoid doubt, in this section and section 109B Agency
a: any statutory officer who carries out work for the Agency; and
b: the Agency acting in any capacity.
109B: Agency may share or use information or documents
1: The Agency may share information or a copy of any document under section 109A(2)(f)(i)
a: a specified agency, if the Agency is satisfied it may assist the specified agency to perform or exercise its functions, powers, or duties under any Act; or
b: an overseas agency, if the Agency is satisfied it may assist the overseas agency to perform or exercise its functions, powers, or duties.
2: The Agency may use any information, or a copy of any document, provided to it by a specified agency or an overseas agency, in performing or exercising the Agency’s functions, powers, or duties under this Act or any other Act.
3: When sharing information, or a copy of a document, under subsection (1)
a: storing, using, accessing, or copying the information or document; and
b: returning or disposing of copies of the information or document.
4: Subsections (1) and (2)
5: In relation to personal information, this section applies subject to the Privacy Act 1993.
6: This section applies despite anything to the contrary in any contract, deed, or document.
7: In this section,— overseas agency specified agency
a: Auckland Transport:
b: the Civil Aviation Authority of New Zealand:
c: Fire and Emergency New Zealand:
d: a designated agency under section 191 of the Health and Safety at Work Act 2015:
e: a local authority:
f: Maritime New Zealand:
g: the Ministry of Business, Innovation, and Employment:
h: the Ministry of Justice:
i: the Ministry of Transport:
j: the New Zealand Police:
k: a road controlling authority:
l: the Transport Accident Investigation Commission:
m: Worksafe New Zealand:
n: any other entity identified in regulations made under section 109(d)
22: Schedule 1AA amended
In Schedule 1AA, after Part 1 Part 2 Schedule 1
2: Amendments to Land Transport Act 1998
23: Amendments to Land Transport Act 1998
This Part amends the Land Transport Act 1998 2020-09-01 Land Transport Act 1998 Sections 23, 24(2), (4), (5), (7), (8), (11), (12), and (13), 28, 35, 53, 54, 102, 113, 116, 118(2) and (3), 120, 123, and 125 (NB. there is a change request in progress re s 2(1)(b)) 2021-04-01 Land Transport Act 1998 Rest of Part 2; can be brought into force earlier by Order in Council
24: Section 2 amended (Interpretation)
1: In section 2(1) Director Director of Land Transport section 104A
2: In section 2(1) land transport Act
a: the Government Roading Powers Act 1989; and
b: the Land Transport Act 1998 (this Act); and
c: the Land Transport Management Act 2003; and
d: the Railways Act 2005; and
e: the Road User Charges Act 2012 land transport record section 200E secondary legislation
3: In section 2(1) approved provider Agency Director
4: In section 2(1) approved vehicle surveillance equipment approved by the Minister or the
5: In section 2(1) enforcement authority
b: the Agency, in the case of an infringement offence for which an infringement notice is issued by an employee of the Agency or on behalf of the Agency:
6: In section 2(1) gross vehicle mass Agency Director
7: In section 2(1) enforcement officer
d: the Agency, in the circumstances set out in section 208A
8: In section 2(1) land transport documents the Transport Act 1962, the Road User Charges Act 2012, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Government Roading Powers Act 1989, or this Act this Act, the Government Roading Powers Act 1989, the Railways Act 2005, or the Road User Charges Act 2012
9: In section 2(1) logbook Agency Director
10: In section 2(1) motorcycle Agency Director
11: In section 2(1) outputs
12: In section 2(1) permanent speed limit permanent speed limit
13: In section 2(1) speed limit speed limit
a: this Act, including—
i: by a land transport record being included in the register of land transport records established by section 200E
ii: under a rule or bylaw made under this Act; or
b: the Local Government Act 1974; or
c: the Government Roading Powers Act 1989
14: In section 2(1) vehicle recovery service Agency Director
25: Section 4 amended (General requirements for participants in land transport system)
In section 4(4) Agency Director
26: Section 18 amended (Health practitioners to give Agency medical reports of persons unfit to drive)
1: In the heading to section 18 Agency Director
2: In section 18(2) Agency Director
27: Section 19 amended (Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992
1: In section 19(1)(a) Agency Director of Land Transport
2: In section 19(3)(a) Agency Director of Land Transport
3: In section 19(4) Agency Director of Land Transport
4: In section 19(5) Agency Director of Land Transport
5: In section 19(7) Agency Director of Land Transport
28: Section 22AC amended (Minister may amend, replace, or disallow bylaws)
After section 22AC(1)(a)
aa: is inconsistent with or duplicates any land transport record included in the register established by section 200E
29: Section 23 amended (Issue of driver licences)
In section 23(1) and (3) Agency Director
30: Section 24 amended (Agency may issue temporary driver licences)
1: In the heading to section 24 Agency Director
2: In section 24(1) Agency Director
3: In section 24(3) Agency Director
31: Section 24A amended (Authorised persons may request driver licences for certain persons)
1: In section 24A(1) Agency Director
2: In section 24A(2) Agency Director
3: In section 24A(3) Agency Director
4: In section 24A(4) Agency Director
32: Section 25 amended (Minimum age for driver licensing)
In section 25(3) Agency Director
33: Section 26 amended (Drivers may be tested and examined)
1: In section 26 Agency Director
2: In section 26(a) and (b) Agency Director
34: Section 27 amended (Suspension and revocation of licences)
In section 27 Agency Director
35: Section 28 amended (Photographic driver licence)
In section 28(5) agency Agency
36: Section 29A amended (Persons convicted of specified serious offences prohibited from holding passenger endorsement)
In section 29A(3)(b) Agency Director
37: Section 29B amended (Passenger endorsement may be reinstated in certain cases)
1: In section 29B(1), (2), (3), and (4) Agency Director
2: In section 29B(3) Agency’s Director’s
38: Section 30 amended (Driver licences are property of Agency and are to be surrendered in certain circumstances)
1: In section 30(1) forwarded to the Agency or the Director
2: In section 30(2) Agency or the Director
3: In section 30(4A)(b) Agency or the Director
4: In section 30(5) Agency Director
39: Section 30A amended (Requirements for vehicles)
In section 30A(2), (2A), and (4) Agency Director
40: Section 30C amended (General safety criteria)
1: In section 30C(1) Agency Director
2: In section 30C(2) Agency Director
3: In section 30C(3) Agency Director
4: In section 30C(4) Agency Director
41: Section 30D amended (Additional criteria for small passenger service and vehicle recovery service)
In section 30D Agency Director
42: Section 30E amended (Additional criteria for large passenger service)
In section 30E Agency Director
43: Section 30F amended (Additional criteria for goods service)
In section 30F Agency Director
44: Section 30G amended (Agency may require information for fit and proper person assessment)
1: In the heading to section 30G Agency Director
2: In section 30G Agency Director
3: In section 30G(a) Agency Director
45: Section 30H amended (Agency’s duties concerning prejudicial information)
1: In the heading to section 30H Agency’s Director’s
2: In section 30H Agency Director
46: Section 30I amended (Non-disclosure by Agency of information for safety reasons)
1: In the heading to section 30I Agency Director
2: In section 30I(1) Agency Director
3: In section 30I(2) Agency Director
47: Section 30L amended (Grant of licence)
1: In section 30L(1) Agency Director
2: In section 30L(1A) Agency Director
3: In section 30L(2) Agency Director
48: Section 30M amended (Conditions of goods service licence)
In section 30M Agency Director
49: Section 30O amended (Term of transport service licence)
1: In section 30O(2) Agency or the Director
2: In section 30O(4)(d) Agency Director
50: Section 30Q amended (Records to be kept by facilitator of facilitated cost-sharing arrangements)
1: In section 30Q(2)(b) Agency Director
2: Replace section 30Q(3)
3: The Director may make copies of records made available under subsection (2)(b).
51: Section 30S amended (When Agency may revoke transport service licence)
1: In the heading to section 30S Agency Director
2: In section 30S(1) Agency Director
52: Section 30T amended (Procedure Agency must follow before revoking transport service licence)
1: In the heading to section 30T Agency Director
2: In section 30T(a) and (b) Agency Director
53: Section 30U amended (Suspension of transport service licence)
1: In the heading to section 30U licence or imposition of conditions
2: In section 30U(1) suspend or impose conditions on
3: In section 30U(1)(b) small passenger transport
4: After section 30U(2)
2A: Any conditions imposed are immediately removed when the Agency is satisfied that subsection (1)(a), (b), or (c) no longer applies.
5: After section 30U(3)
4: Subpart 5 applies to a decision to impose conditions on a transport service licence as if the licence had been suspended and with any necessary modifications.
54: Section 30V amended (Interpretation)
In section 30V adverse decision to suspend or impose conditions on
55: Section 30W amended (Agency to notify proposal to make adverse decision)
1: In the heading to section 30W Agency Director
2: In section 30W(1) Agency Director
3: In section 30W(2) Agency Director
56: Section 30X amended (Procedure for consideration of information)
1: In section 30X(a) Agency Director
2: In section 30X(b) Agency Director
3: In section 30X(c) Agency Director
57: Section 30Y amended (Agency’s determination)
1: In the heading to section 30Y Agency’s Director’s
2: In section 30Y Agency Director
3: In section 30Y(b)(i) Agency’s Director’s
58: Section 30ZA amended (Agency may grant exemptions or approve alternative fatigue management schemes)
1: In the heading to section 30ZA Agency Director
2: In section 30ZA(1) Agency Director
3: In section 30ZA(2) Agency Director
4: In section 30ZA(3) Agency Director
5: In section 30ZA(4) Agency Director
59: Section 30ZG amended (Agency may approve or revoke alternative means of recording matters)
1: In the heading to section 30ZG Agency Director
2: In section 30ZG Agency Director
60: Section 32 amended (Contravention of section 5(1)(c))
In section 32(2)(a) Agency Director
61: Section 65 amended (Mandatory disqualification and assessment for repeat offences)
In section 65(2) and (4) Agency Director
62: Section 65AK amended (Effect of other subsequent offences on alcohol interlock licence)
In section 65AK(4) Agency Director
63: Section 65B amended (Mandatory zero alcohol requirements for repeat offences and certain first offences)
In section 65B(3)(b) Agency Director
64: Section 79A amended (Offence to carry on transport service without licence)
1: In section 79A(3) Agency Director
2: In section 79A(8) Agency Director
65: Section 79B amended (Provision of incorrect information)
In section 79B Agency Director
66: Section 79C amended (Failure to present vehicle for inspection)
In section 79C(1) and (1A) Agency Director
67: Section 79O amended (Failure to comply with prescribed work time restrictions or rest time requirements)
In section 79O(a)(ii) Agency Director
68: Section 82A amended (Application for reinstatement if suspended for any period (other than under section 95), or disqualified for period not exceeding 12 months)
In section 82A(2)(a) and (b) Agency Director
69: Section 82C amended (Application for reinstatement following expiry of alcohol interlock licence or zero alcohol licence)
In section 82C(2)(a) and (b) Agency Director
70: Section 83 amended (Holder to undergo approved tests or courses if disqualified for more than 1 year)
1: In section 83(1)(a)(i) and (ii) and (b) Agency Director
2: In section 83(1A) Agency Director
71: Section 84 amended (New licence to be issued if disqualified driver qualifies for specified vehicle classes)
1: In section 84(1)(b)(ii)(A) and (B) Agency Director
2: In section 84(2) Agency Director
72: Section 87 amended (Particulars of certain court orders to be sent to Agency and offender)
1: In the heading to section 87 Agency Director
2: In section 87(2) Agency Director
73: Section 87A amended (Disqualification of transport service driver)
In section 87A Agency Director
74: Section 87B amended (Disqualification of holder of transport service licence from holding transport service licence)
In section 87B Agency Director
75: Section 87D amended (Immediate suspension of transport service driver and other persons in interests of public safety)
1: In section 87D(1) Agency Director
2: In section 87D(2)(a) Agency Director
76: Section 87E amended (Procedure for suspending persons under section 87D)
1: In section 87E(1) Agency Director
2: In section 87E(1)(b)(ii) Agency and notify the person of the Director and that the person has a
3: In section 87E(2) Agency Director
77: Section 87F amended (Term of suspension)
In section 87F(1) and (2) Agency Director
78: Section 87G amended (Effect of disqualification or suspension of transport service driver and other persons)
1: In section 87G(1) Agency Director
2: In section 87G(2) Agency Director
79: Section 88 amended (Demerit points to be recorded by Agency)
1: In the heading to section 88 Agency Director
2: In section 88(1) and (2) Agency Director
80: Section 89 amended (Notice of demerit points)
In section 89(1) Agency Director
81: Section 90 amended (Suspension of licence or disqualification from driving under demerit points system)
1: In section 90(1) and (1A) Agency Director
2: In section 90(2)(a) and (b) Agency Director
3: In section 90(3)(b) Agency Director
82: Section 91 amended (Cancellation and reinstatement of demerit points)
In section 91(2), (3), and (4) Agency Director
83: Section 91E amended (Imposition of driver licence stop order)
In section 91E(3)(g)(ii) Agency Director
84: Section 91F amended (Effect of driver licence stop order)
In section 91F(4) Agency Director
85: Section 91G amended (Cancellation of driver licence stop order)
1: In section 91G(3) Agency Director
2: In section 91G(5) Agency Director
3: In section 91G(6) Agency Director
86: Section 91H amended (Termination of driver licence stop order if traffic fine paid or resolved)
1: In section 91H(2) Agency Director
2: In section 91H(4) Agency Director
3: In section 91H(5) Agency Director
87: Section 92 amended (Compulsory attendance at driving improvement course or dangerous goods course)
In section 92(1), (2), (3), and (5) Agency Director
88: Section 93 amended (Court may order compulsory driving test)
1: In section 93(1) and (2) Agency Director
2: In section 93(3)(a) and (b) Agency Director
3: In section 93(6) Agency Director
89: Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
In section 95(1)(c)(i) applicable permanent posted speed limit permanent speed limit
90: Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
1: In section 96(8)(a) he or she the person
2: In section 96(8)(b) his or her the person’s
3: In section 96(8)(b)(i) Agency Director
91: Section 96A amended (Impoundment of vehicle used in transport service)
In section 96A(6)(a) Agency Director
92: Section 99A amended (Agency may approve programmes)
1: In the heading to section 99A Agency Director
2: In section 99A(1) Agency Director
3: In section 99A(2) Agency Director
93: Section 100 amended (Agency to remove certain disqualifications)
1: In the heading to section 100 Agency Director
2: In section 100(1) Agency Director
3: In section 100(1)(a)(i) and (ii) Agency Director
4: In section 100(2) Agency Director
5: In section 100(4) Agency Director
94: Section 100A amended (Agency may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled)
1: In the heading to section 100A Agency Director
2: In section 100A(1) and (2) Agency Director
3: In section 100A(3) Agency Director
95: Section 101 amended (Appeal to Agency against mandatory suspension of driver licence)
1: In the heading to section 101 Agency Director
2: In section 101(1) and (3) Agency Director
3: In section 101(4) and the Agency and the Director
4: In section 101(5) Agency Director
96: Section 105 amended (Court may make order authorising grant of limited licence)
1: In section 105(6) Agency Director
2: In section 105(6A) Agency Director
3: Replace section 105(8)
8: A person who holds a limited licence that is revoked under subsection (7) must immediately surrender their photographic driver licence to the court by which the person was convicted, to an enforcement officer, or at an office of the Agency (whether or not demand is made on the person).
97: Section 106 amended (General right of appeal to District Court)
In section 106(1), (3), and (4) Agency Director
98: Section 107 amended (Appeals against court orders relating to disqualification or grant of limited licence, and deferral of disqualification)
In section 107(5) Agency Director
99: Section 108 amended (Appeal against Agency’s refusal to remove disqualification or replace alcohol interlock licence with zero alcohol licence)
1: In the heading to section 108 Agency’s Director’s
2: In section 108(1) Agency Director
3: In section 108(2)(a) Agency Director
100: Section 109 amended (Appeal against refusal of Agency to remove suspension of driver licence)
1: In the heading to section 109 Agency Director
2: In section 109(1) Agency Director
3: In section 109(3)(a) Agency Director
101: Section 112 amended (Effect of appeal on demerit points)
In section 112(2) and (3) Agency Director
102: New sections 112A to 112G and cross-heading inserted
After section 112 Enforceable undertakings
112A: Agency may accept enforceable undertakings
1: The Agency may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person under any land transport Act ( the contravention or alleged contravention
2: However, the Agency may refuse to accept the undertaking if it does not provide for the reimbursement of any costs and expenses of the Agency incurred in relation to—
a: the undertaking; and
b: the contravention or alleged contravention.
3: The Agency must not accept an undertaking if the Agency believes that the contravention or alleged contravention would amount to an offence against any of sections 36AA, 38, 39, 61, or 62 of this Act.
4: The giving of an undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
5: To avoid doubt, the costs and expenses of the Agency include any costs or expenses incurred in relation to an employee, agent, or contractor of the Agency.
112B: Notice of decision and reasons for decision
1: The Agency must give the person seeking to make an enforceable undertaking written notice of—
a: the Agency’s decision to accept or reject the undertaking; and
b: the reasons for the decision.
2: The Agency must publish, on the Agency’s Internet site, notice of a decision to accept an enforceable undertaking and the reasons for that decision.
112C: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the Agency’s decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the Agency.
112D: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1)
a: for an individual, to a fine not exceeding $20,000:
b: for a body corporate, to a fine not exceeding $100,000.
112E: Contravention of enforceable undertaking
1: The Agency may apply to the District Court for an order if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2)
a: the costs of the proceedings; and
b: the reasonable costs of the Agency in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention to which the enforceable undertaking relates.
112F: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the Agency,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different contravention or alleged contravention.
3: The Agency must publish on the Agency’s Internet site notice of the withdrawal or variation of an enforceable undertaking.
112G: Proceedings for contravention or alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or alleged contravention may be brought against a person if an enforceable undertaking is in effect in relation to that contravention or alleged contravention.
2: No proceedings may be brought for a contravention or alleged contravention against a person who—
a: has made an enforceable undertaking in relation to that contravention or alleged contravention; and
b: has completely discharged the enforceable undertaking.
3: The Agency may accept an enforceable undertaking in relation to a contravention or alleged contravention before proceedings in relation to that contravention or alleged contravention have been completed.
4: If the Agency accepts an enforceable undertaking before the proceedings are completed, the Agency must take all reasonable steps to have the proceedings discontinued as soon as practicable.
103: Section 115 amended (Enforcement officers may give directions prohibiting driving of vehicles)
1: In section 115(2)(a) and (c) Agency Director
2: In section 115(3)(b) Agency Director
3: In section 115(3)(b)(i) and (iii) Agency Director
104: Section 129 amended (Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules)
In section 129(2C) Agency Director
105: Section 130 amended (Power to inspect railway lines)
In section 130(5) Agency Director
106: Section 131 amended (Power to inspect premises used for loading and unloading of dangerous goods)
In section 131(4) Agency Director
107: Section 134 amended (Strict liability for offences involving insecure loads and loads falling from vehicles)
In section 134(4)(a) Agency or the Director
108: Section 135 amended (Commencing proceedings, and jurisdiction, for offences)
In section 135(1A) Agency Director
109: Section 141 amended (Provisions relating to infringement fees)
In section 141(4) Agency , the Director,
110: Section 149 amended (Admissibility of certain statements by drivers of certain vehicles)
1: In section 149(1) to an employee of the Agency authorised for the purpose by the Agency, to the effect described in subsection (2) may be given in evidence by that officer or employee to a person authorised for that purpose by the Agency or the Director, to the effect described in subsection (2) may be given in evidence by that officer or person
2: In section 149(2)(b) to an employee of the Agency authorised for the purpose by the Agency to a person authorised for that purpose by the Agency or the Director
111: Section 150 amended (Evidence of certain documents)
1: In section 150(1)(a) an employee of the Agency who is authorised by the Agency for the purpose a person authorised for that purpose by the Agency or the Director
2: In section 150(1)(b) an employee of the Agency authorised by the Agency for the purpose a person authorised for that purpose by the Agency or the Director
3: In section 150(1)(b) employee to notify authorised person to notify
4: In section 150(2) An employee of the Agency A person authorised by the Agency or the Director
112: Section 152 amended (Power of Minister to make ordinary rules)
After section 152(g)(iv)
v: the Director’s functions under section 104B
113: Section 157 amended (Rules concerning roads)
In section 157(e) empower or require
114: Section 158 amended (Rules concerning licensing, standard-setting, etc)
In section 158(b)(viii) and (ix) Agency or the Director
115: Section 159 amended (Rules concerning land transport documents)
1: In section 159(3) Agency Director
2: In section 159(5) Agency Director
116: New section 159A inserted (Ordinary rule may require committee to be established)
After section 159
159A: Ordinary rule may require committee to be established
1: An ordinary rule may require the Agency to establish a committee that has 1 or more purposes associated with speed management, including—
a: reviewing a state highway speed management plan provided for in a rule:
b: reviewing guidance or information on speed management prepared by the Agency.
2: The rule must set out—
a: the purpose for which the committee is to be established; and
b: the committee’s functions, powers, and duties; and
c: which of the following persons is authorised to appoint members of the committee (and the term for which they are appointed):
i: the Minister:
ii: the Agency:
iii: the Secretary:
iv: any combination of the persons listed in subparagraphs (i) to (iii)
3: The rule may set out—
a: the date on which the committee is to be dissolved or a process by which that date is determined:
b: any other matter relating to establishing and operating the committee.
4: Section 96B subsection (2)(c)
5: Section 96C
117: Section 160 amended (Other provisions concerning ordinary rules)
Replace section 160(4)(a)
a: require or provide for a matter to be determined, undertaken, or approved by the Agency, the Director, or any other person:
aa: empower the Agency, the Director, or any other person to impose requirements or conditions as to the performance of activities:
118: Section 167 amended (Regulations)
1: In section 167(1)(ib) Agency Director
2: In section 167(1)(j) enactment concerning land transport land transport Act
3: After section 167(1)(me)
mf: providing for any matter necessary to establish, maintain, and operate the register of land transport records established by section 200E
119: Section 168 amended (Regulations relating to fees and charges for land transport)
1: In section 168(1)(a) the Railways Act 2005, the Government Roading Powers Act 1989, the Land Transport Management Act 2003, this Act, or any other enactment relating to land transport this Act or any other land transport Act
2: Replace section 168(1)(b)
b: to meet, or assist in meeting, the costs and expenses incurred by the Agency, the Director, or the Crown in the exercise of functions or powers, the performance of duties, or the provision of services under any legislation specified in paragraph (a):
120: New section 168AAA inserted (Regulations relating to register of land transport records)
After section 168
168AAA: Regulations relating to register of land transport records
1: Without limiting the generality of section 167(1)(mf)
a: specify a category of decisions or other things for which land transport records may be created (for example, specifying a category of speed limits or cycle paths):
b: require that a land transport record be created for 1 or more bylaws, or 1 or more classes of bylaws:
c: provide for a land transport record to be created for 1 or more bylaws or 1 or more classes of bylaws:
d: provide for the consequences of a land transport record being created for a bylaw, which may include amending, replacing, or revoking the bylaw:
e: specify the circumstances in which the Registrar is required or authorised to create a land transport record, amend a land transport record, or remove a land transport record from the register (including, for example, any criteria that the land transport record must satisfy, or any criteria the Registrar must consider before doing so):
f: specify any information the Registrar must record in the register for a land transport record:
g: prescribe when, or the circumstances in which, the Registrar is not required to operate the register:
h: provide for any limitations on, or requirements for, accessing or searching the register, or making copies of information in the register (including, for example, the requirement to pay a fee or charge):
i: provide for any notices, records, certificates, or other information that must be given, kept, or produced in relation to a land transport record or the register:
j: prescribe the persons or class of persons the Registrar must inform if the Registrar amends or revokes a land transport record:
k: provide for the consequences if a land transport record—
i: conflicts with or duplicates a bylaw; or
ii: conflicts with any other secondary legislation made under a land transport Act:
l: prescribe transitional or savings provisions relating to land transport records.
2: The following provisions do not apply when amending, replacing, or revoking a bylaw in accordance with regulations made for the purposes of subsection (1)(d), (k), or (l)
a: section 22AD:
b: section 156 of the Local Government Act 2002.
3: In this section, bylaw
a: means a bylaw, or part of a bylaw, made by a road controlling authority—
i: under any enactment (including section 22AB); and
ii: whether made before or after regulations made for the purposes of subsection (1)(a), (b), or (c)
b: includes any decision or resolution made under a bylaw referred to in paragraph (a)
c: includes any resolution made under section 22AB(3A).
121: Section 168C amended (Piloting fees)
In section 168C(1) Agency or the Director
122: Section 198 amended (Inspections and audits)
In section 198(1), (2), and (3) Agency Director
123: New sections 200A to 200O and cross-heading inserted
After section 200 Register of land transport records
200A: Interpretation
In sections 200B to 200O bylaw section 168AAA(3) register section 200E Registrar regulations section 167(1)(mf) section 168AAA
200B: Secondary legislation may require creation of land transport record
1: Secondary legislation made under a land transport Act may require that a land transport record be created for a decision or other thing made or done in accordance with that legislation.
2: Subsection (1) section 168AAA(1)(a)
3: Nothing in subsection (1)
200C: Land transport records must be created for certain bylaws
1: A land transport record must be created for a bylaw.
2: Subsection (1)
a: regulations made for the purpose of section 168AAA(1)(b)
b: the bylaw falls within a category of decisions or other things specified in regulations made for the purpose of section 168AAA(1)(a)
200D: Land transport records may be created for certain bylaws
1: A land transport record may be created for a bylaw.
2: Subsection (1)
a: regulations made for the purpose of section 168AAA(1)(c)
b: the bylaw falls within a category of decisions or other things specified in regulations made for the purpose of section 168AAA(1)(a)
200E: Register of land transport records
1: A register called the register of land transport records is established.
2: The Registrar must keep and operate the register in accordance with—
a: sections 200F to 200O
b: the regulations.
200F: Purpose of register
The purpose of the register is—
a: to create legally enforceable obligations (as set out in section 200H(2)
b: to provide a public record of land transport records; and
c: to enable any person to access, or get copies of, land transport records; and
d: to assist or enable any person to perform or exercise the person’s functions, powers, or duties under this Act or any other land transport Act (for example, to commence proceedings against a person for exceeding a speed limit).
200G: When Registrar must create land transport record
1: This section applies if a land transport record—
a: is required to be created for a decision or other thing in accordance with section 200B or 200C
b: is authorised to be created for a decision or other thing in accordance with section 200D
2: The Registrar must create a land transport record for the decision or other thing if—
a: any relevant criteria specified by the regulations are satisfied; and
b: the Registrar has received the necessary information submitted under section 200L
200H: Effect of land transport record
1: A land transport record has effect only on and from the day after it is created, unless any later date is specified in the record, in which case it has effect on and from that later date.
2: A land transport record is the source of any legally enforceable obligation (not the decision or other thing for which the land transport record has been created).
200I: Contents of register
1: The Registrar must record in the register the prescribed information for each land transport record.
2: The Registrar may record in the register any other information the Registrar considers appropriate.
200J: Operation, access, and search of register
1: The register may be kept in any manner that the Registrar thinks fit provided it permits the contents to be readily accessed or reproduced in usable form.
2: The register must be operated at all times unless—
a: the Registrar suspends its operation (in whole or in part)—
i: for maintenance purposes; or
ii: in response to technical difficulties; or
iii: to ensure the security or integrity of the register; or
b: the regulations prescribe otherwise.
3: Any person may access or search the register, or make copies of information in the register, except to the extent that—
a: the Registrar suspends its operation in accordance with subsection (2)
b: the regulations provide otherwise.
200K: Amendments to register
1: The Registrar may amend the register if the Registrar is satisfied at any time that the register—
a: contains a typographical error or a mistake; or
b: omits information that is required or permitted to be included in the register.
2: The Registrar must amend the register—
a: if the regulations require the Registrar to do so; or
b: to give effect to an order or a direction of a court.
200L: Submitting information to Registrar
1: A person submitting information to the Registrar for the purpose of creating a land transport record must submit the following information:
a: information required by the regulations; and
b: any other information required by the Registrar.
2: For the purpose of subsection (1)
a: specify how the person must submit the information:
b: require the person submitting the information to confirm that any legal requirements in relation to the decision or other thing have been satisfied (for example, that consultation has been properly undertaken).
200M: Registrar must notify person that record created
Once a land transport record is created, the Registrar must notify the person that submitted the information in relation to the record of that fact.
200N: Registrar may notify record or changes to register
1: The Registrar must inform the persons or class of persons prescribed in the regulations if the Registrar amends or revokes a land transport record.
2: The Registrar may also give notice of the following matters to any person or class of persons or to the public generally:
a: that a land transport record has been created:
b: that changes have been made to the register.
3: The Registrar may inform or give notice in any manner that the Registrar thinks fit.
200O: Certified copy of information on register
1: The Registrar must provide a copy, or a certified copy, of any information on the register to any person who applies for it and pays the prescribed fee or charge (if any).
2: A certified copy of information on the register purporting to be signed by the Registrar is conclusive evidence for all purposes that the information in the certified copy is entered in the register.
124: Section 207 amended (Delegation of Minister’s functions or powers to Agency)
1: In the heading to section 207 Agency or Director
2: In section 207(1) Agency or Director
3: In section 207(5) and (6) Agency or Director
125: New section 208A inserted (Agency is enforcement officer for certain infringement offences)
After section 208
208A: Agency is enforcement officer for certain infringement offences
For the purposes of issuing an infringement notice under section 139, the Agency is an enforcement officer where—
a: the infringement offence to which the notice relates is a moving vehicle offence; and
b: the alleged offence was detected by approved vehicle surveillance equipment (whether the equipment is owned or operated by the Agency or some other person).
126: Section 233 amended (Interpretation matters applying to this Part)
In section 233(1) enforcement authority
b: the Agency or the Director, if an infringement notice is issued by an employee of the Agency or by a person acting on behalf of the Agency or the Director:
127: Section 271 amended (Appointment of Registrar)
In section 271 Agency or the Director
128: Schedule 1 amended
In Schedule 1, after Part 1 Part 2 Schedule 2
3: Amendments to Railways Act 2005
129: Amendments to Railways Act 2005
This Part amends the Railways Act 2005 2021-04-01 Railways Act 2005 Can be brought into force earlier by Order in Council
130: Section 4 amended (Interpretation)
1: In section 4(1) Director Director of Land Transport section 104A
2: In section 4(1) approved safety case Agency Director
3: In section 4(1) ordinary safety assessment Agency Director
4: In section 4(1) special safety assessment Agency Director
5: In section 4(1) special safety assessment Agency Director
131: New section 5A inserted (Transitional, savings, and related provisions)
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
132: Section 8 amended (Relationship of Act with Health and Safety at Work Act 2015)
In section 8(2) Agency or the Director
133: Section 15 amended (Certain rail participants must be licensed)
In section 15(3) Agency Director
134: Section 16 amended (Application for licence)
1: In section 16(1)(a) Agency Director
2: In section 16(1)(b) Agency Director
135: Section 17 amended (Grant of licences)
1: In section 17(1) Agency Director
2: In section 17(2) Agency Director
136: Section 18 amended (Transfer or assignment of licence prohibited)
In section 18 Agency Director
137: Section 19 amended (Term of licence)
In section 19(2) Agency Director
138: Section 21 amended (Conditions of licences)
1: In section 21(1)(a) Agency Director
2: In section 21(2)(a) Agency Director
3: In section 21(2)(c) Agency Director
4: In section 21(3)(b) and (d) Agency Director
5: In section 21(4)(b) and (d) Agency Director
6: In section 21(5) Agency Director
139: Section 22 amended (Agents and contractors)
1: In section 22(1) Agency Director
2: In section 22(2)(b) Agency Director
140: Section 23 amended (Power of Agency to suspend licence or impose temporary conditions)
1: In the heading to section 23 Agency Director
2: In section 23(1) Agency Director
3: In section 23(3) Agency Director
141: Section 24 amended (Power of Agency to revoke licence or impose permanent conditions)
1: In the heading to section 24 Agency Director
2: In section 24(1) Agency Director
142: Section 25 amended (Matters relating to action taken under section 23 or section 24)
1: In section 25(1) Agency Director
2: In section 25(2) Agency Director
3: In section 25(3) Agency Director
143: Section 26 amended (Power of Agency to amend or revoke licences in other cases)
1: In the heading to section 26 Agency Director
2: In section 26(1) Agency Director
3: In section 26(2) Agency Director
144: Section 27 amended (Rights of persons affected in relation to adverse decisions)
1: In section 27(1) Agency Director
2: In section 27(2) Agency Director
3: In section 27(4)(a), (b), and (c) Agency Director
4: In section 27(5) Agency Director
5: In section 27(6) adverse decision Agency Director
145: Cross-heading above section 28 amended
In the cross-heading above section 28 Agency Director
146: Section 28 amended (Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure)
1: In the heading to section 28 Agency Director
2: In section 28(1) Agency Director
3: In section 28(2) Agency Director
4: In section 28(3)(b) Agency Director
147: Section 30 amended (Contents of safety case)
1: In section 30(1)(h)(ii) and (iv) Agency Director
2: In section 30(1)(i) Agency Director
3: In section 30(1)(n) Agency Director
148: Section 31 amended (Matters to be taken into account in considering proposed safety case)
1: In section 31(1) Agency Director
2: In section 31(2) Agency Director
3: In section 31(2)(e) Agency Director
149: Section 32 amended (Approval of safety case)
1: In section 32(1) Agency Director
2: In section 32(1)(b) Agency Director
3: In section 32(2) Agency Director
4: In section 32(3) Agency Director
5: In section 32(3) Agency’s Director’s
6: In section 32(4), (5), (6), and (7) Agency Director
150: Section 33 amended (Application to replace or vary approved safety case)
In section 33(1) and (3) Agency Director
151: Section 34 amended (Requirement by Agency to replace or vary approved safety case)
1: In the heading to section 34 Agency Director
2: In section 34(1) Agency Director
3: In section 34(2) Agency Director
4: In section 34(2)(b) Agency Director
5: In section 34(3) Agency Director
152: Section 35 amended (Procedure for replacement or variation of approved safety case)
1: In section 35(1) Agency Director
2: In section 35(2) Agency Director
3: In section 35(2)(b) Agency’s Director’s
4: In section 35(3) Agency Director
5: In section 35(4) Agency Director
153: Section 36 amended (Safety improvement plans)
1: In section 36(1) Agency Director
2: In section 36(2) Agency Director
3: In section 36(2)(a) Agency Director
4: In section 36(2)(b) Agency Director
5: In section 36(3) Agency Director
6: In section 36(3) Agency’s Director’s
7: In section 36(4) Agency Director
8: In section 36(4)(b) Agency Director
9: In section 36(4)(c) Agency’s Director’s
154: Section 37 amended (Ordinary and special safety assessments)
1: In section 37(1) Agency Director
2: In section 37(2) Agency Director
3: In section 37(2)(b), (c), (h), (i), and (j) Agency Director
155: Section 39 amended (Safety assessment report)
In section 39(a) Agency Director
156: Section 42 amended (Notification of requirement for improvements)
1: In section 42(1) Agency Director
2: In section 42(2) Agency Director
3: In section 42(3) Agency Director
4: In section 42(4) Agency Director
5: In section 42(6) Agency Director
157: Section 43 amended (Report on remedial action)
1: In section 43(1) Agency Director
2: In section 43(2) Agency’s Director’s
3: In section 43(2) Agency Director
4: In section 43(3) Agency Director
158: Section 44 amended (Extension of time to complete remedial action)
1: In section 44(1) Agency Director
2: In section 44(2) Agency Director
159: Section 45 amended (Appointment of safety assessors)
1: In section 45(1) Agency Director
2: In section 45(4) Agency Director
160: Section 46 amended (Functions and duties of safety assessors)
1: In section 46 Agency Director
2: In section 46(a) Agency Director
161: Section 47 amended (Powers of safety assessors to obtain information, etc)
In section 47(3) Agency Director
162: Section 48 amended (Powers of entry of safety assessors)
1: In section 48(5) Agency Director
2: In section 48(5)(b) Agency Director
163: Section 53 amended (Rules concerning authorisation, standard-setting, etc)
1: In section 53(3)(b) Agency Director
2: In section 53(4) Agency Director
164: Section 54 amended (Other provisions concerning ordinary rules)
In section 54(4)(a) Agency, Agency, Agency, the Director,
165: Section 60 amended (Regulations relating to fees and charges for rail transport)
1: In section 60(1) by the Agency , the Director,
2: In section 60(1)(a) Agency or a person authorised by the Director
166: Section 67 amended (Power to prohibit or restrict persons from being involved in rail activities)
1: In section 67(1) Agency Director
2: In section 67(2)(b) Agency Director
167: Section 68 amended (Appeal to District Court)
1: In section 68(1) Agency or the Director
2: In section 68(2) Agency or the Director
168: Section 69 amended (Procedure)
1: In section 69(2)(b)(i) Agency or the Director (as the case may be)
2: In section 69(2)(b)(ii) Agency or the Director (as the case may be)
169: Section 70 amended (Decision of Agency to continue in force pending appeal, etc)
1: In the heading to section 70 Agency or Director
2: In section 70 Agency or the Director
170: Section 95 amended (Who may file charging document for offence)
In section 95 Agency Director
171: Section 96 amended (Evidence and proof)
In section 96(a), (b), (c), and (d) an officer of the Agency authorised in that capacity by the Agency a person authorised in that capacity by the Agency or the Director
172: Section 97 amended (Application of fees)
In section 97 Authority Agency
173: Section 102 amended (Appointment of enforcement officers)
In section 102 the Agency may, the Director may,
174: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 3 Railways Act 2005
4: Consequential amendments
175: Consequential amendments
1: Amend the Acts specified in Schedule 4
2: Amend the secondary legislation specified in Schedule 5 2021-04-01 Criminal Procedure Act 2011 Hazardous Substances and New Organisms Act 1996 Land Transport Act 1998 Land Transport Management Act 2003 Local Government Act 1974 Local Government (Auckland Council) Act 2009 Motor Vehicle Sales Act 2003 Oranga Tamariki Act 1989 Privacy Act 2020 Sentencing Act 2002 Can be brought into force earlier by Order in Council 2021-04-01 Goods-service Vehicle (Constructional) Regulations 1936 Land Transport (Alcohol Interlock) Regulations 2012 Land Transport (Certification and Other Fees) Regulations 2014 Land Transport (Driver Licensing) Rule 1999 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Ordering a Vehicle off the Road) Notice 1999 Land Transport (Road User) Rule 2004 Land Transport (Trade Plates) Notice 2011 Maritime Security Regulations 2004 Railways Regulations 2019 Traffic Regulations 1976 Can be brought into force earlier by Order in Council


1: Title
This Act is the Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020.
2: Commencement
1: Sections 4(2) and (3) 6 7 11 to 16 18 to 21
a: a date appointed by the Governor-General by Order in Council (which must be 4 or more months after the date on which the order is made); and
b: 1 August 2021
2: The rest of this Act comes into force on 10 August 2020
3: Principal Act
This Act amends the Films, Videos, and Publications Classification Act 1993 principal Act 2021-08-01 Films, Videos, and Publications Classification Act 1993 Sections 4(2) & (3), 6, 7, 11–16, 18–21; can be brought into force earlier by Order in Council 2020-08-10 Films, Videos, and Publications Classification Act 1993 Rest of the Act
1: New rating and labelling requirements for specified CVoD providers’ commercial video on-demand content
4: Section 2 amended (Interpretation)
1: In section 2 approved self-rating system section 46G commercial video on-demand content
a: means video on-demand content that is made available to persons in New Zealand for a fee or other consideration; but
b: does not include video on-demand content that is made available on a platform provided by a broadcaster as part of a subscription-based television service if—
i: the platform is only accessible by subscribers to the service; and
ii: that content has been classified in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989 Examples
A movie that can be downloaded from the Internet by a person who pays a one-off fee to access that movie. A series made available to a person who paid a subscription fee for access to a catalogue of content to be accessed through a computer or other electronic device. A short film made available to a person who has been given access to a catalogue of online content as a benefit of entering into a contract with an Internet provider. specified CVoD provider
a: a company listed in Schedule 4
b: a subsidiary of a company listed in Schedule 4 video on-demand content
2: In section 2 film film
a: means a cinematograph film, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images, and includes any part of any film, and any copy or part of a copy of the whole or any part of a film; and
b: includes video on-demand content
3: In section 2 film poster film poster
a: means any poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use in the advertising or exhibition of any film to the public, and includes a miniature representation of the whole or part of any such poster, and also includes any enlarged representation of the whole or any part of any such poster; but
b: does not include a poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use to advertise commercial video on-demand content
5: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 8 amended (Films exempt from labelling requirements)
1: In section 8(1) section 6 does sections 6 and 46C
2: After section 8(1)(q)
r: any video on-demand content made available by a person who is not a specified CVoD provider:
s: any video on-demand content made available by a specified CVoD provider that was uploaded by a user to the provider’s platform, and that was not commissioned by the provider.
3: Replace section 8(2)
2: The Chief Censor may, at any time, require any person to make an application under section 9 for the issue of a label in respect of a film of a class mentioned in subsection (1) if,—
a: in the case of video on-demand content, the person has made the content available to persons in New Zealand, or proposes to do so; or
b: in any other case, the person has exhibited or supplied the film to the public, or proposes to do so.
4: In section 8(3) section 6 or 46C
7: New Part 3A inserted
After section 46
3A: Labelling requirements for specified CVoD providers’ commercial video on-demand content
46A: Purpose of Part
The purpose of this Part is to reduce the risk of psychological and physical harm to people who view commercial video on-demand content, particularly vulnerable people and children, by enabling informed viewing decisions through requiring consistent and informative content labelling by specified CVoD providers.
46B: Extraterritorial application to specified CVoD providers
This Act, and any regulations made under it, apply in respect of commercial video on-demand content that is made available in New Zealand by a specified CVoD provider, regardless of whether the provider is resident or incorporated in New Zealand or outside New Zealand.
46C: Duty to label commercial video on-demand content
1: Before making commercial video on-demand content available to persons in New Zealand, a specified CVoD provider must ensure that the content has been labelled in accordance with this Act.
2: The label must be displayed in the prescribed manner and must include any classification or rating assigned to the content and any description assigned to the content.
3: This section is subject to section 8.
46D: Content previously labelled or classified
1: If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and a label for that content has previously been issued under this Act, the provider must issue a label that contains the same classification or rating and the same description (if any) that was contained in the label that was previously issued.
2: If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and that content has previously been classified under this Act, but no label has been issued for that content, the provider must refer that content to the Classification Office for a direction under section 36.
3: Subsections (1) and (2)
46E: Content not previously labelled or classified
1: If a specified CVoD provider intends to make available to persons in New Zealand commercial video on-demand content to which a label has not been assigned under this Act, the provider must label the commercial video on-demand content by—
a: using an approved self-rating system; or
b: applying to the labelling body under section 9(1) for the issue of a label in respect of that content.
2: Unless the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must apply the label generated by the approved self-rating system.
3: If the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must refer that content to the Classification Office for classification.
46F: How ratings and descriptions must be determined
1: The rating and description assigned to commercial video on-demand content by a specified CVoD provider using an approved self-rating system must be consistent with the purpose of this Part, taking into account all of the following factors:
a: the dominant effect of the content as a whole:
b: the persons, classes of persons, or age groups of the persons to whom the content is intended or is likely to be made accessible:
c: the extent to which, and the manner in which, the content deals with sex, horror, crime, terrorism, cruelty, violence, torture, sexual violence, sexualisation of children, self-harm, or offensive language or behaviour:
d: whether and how the content—
i: degrades or dehumanises or demeans any person:
ii: represents (whether directly or by implication) that members of any particular class of the public are inherently inferior to other members of the public by reason of any characteristic of members of that class, being a characteristic that is a prohibited ground of discrimination specified in section 21(1) of the Human Rights Act 1993:
e: any other aspect of the content which is likely to be of concern to parents and young people or to cause harm to persons who view that content:
f: any literary, artistic, social, cultural, educational, or scientific importance, merit, or value of the content:
g: any other factors prescribed in regulations.
2: The rating must indicate whether the content is—
a: suitable for all audiences; or
b: suitable for all audiences with parental guidance for children; or
c: suitable for mature audiences; or
d: unsuitable for audiences under a specified age.
3: The description, if applicable, must—
a: be in the prescribed form; and
b: describe those aspects of the content that are likely to be of concern to parents and young people or to cause harm to persons who view it.
46G: Approval of providers’ self-rating systems
1: A specified CVoD provider may apply to the Chief Censor for approval of a system to be used by the provider to rate and label the provider’s commercial video on-demand content.
2: Every application must contain the prescribed information and be accompanied by the prescribed fee (if any).
3: The Chief Censor may approve the self-rating system for use by the provider if the Chief Censor is satisfied that use of the system will enable the provider to meet the requirements of section 46F
4: The Chief Censor’s approval may be subject to any terms and conditions that the Chief Censor considers are necessary for the purposes of subsection (3)
46H: Chief Censor must annually review approved self-rating systems
1: The Chief Censor must annually review each approved self-rating system used by a specified CVoD provider.
2: A specified CVoD provider must pay the prescribed fee (if any) for the annual review.
46I: Suspension and cancellation of approvals
1: The Chief Censor may, at any time, give notice to a specified CVoD provider that the approval of the self-rating system used by the provider is suspended if the Chief Censor considers that the provider is not using the self-rating system in accordance with any terms and conditions of the approval.
2: A notice under subsection (1)
3: The Chief Censor may cancel the approval if—
a: the Chief Censor has notified the specified CVoD provider of a suspension in accordance with subsections (1) and (2)
b: the provider has failed to address those concerns.
4: If an approval is suspended under this section, during the period of suspension, the system to which the approval relates is not an approved self-rating system.
5: If an approval is cancelled under this section, the system to which the approval relates is not an approved self-rating system from the date of the cancellation.
46J: Complaints process
1: Any person may complain to the Chief Censor about the rating or description assigned by a specified CVoD provider to commercial video on-demand content.
2: After receiving a complaint, the Chief Censor may—
a: refer the complaint to the provider, along with any comment or recommendation the Chief Censor considers appropriate, and require the provider to consider the complaint and respond to the complainant; or
b: classify the content under section 13(3); or
c: decline to take further action, if the Chief Censor considers that the content has been correctly labelled.
3: After making a decision in accordance with subsection (2)
8: New section 150A inserted (Amendment of Schedule 4 by Order in Council)
After section 150
150A: Amendment of Schedule 4 by Order in Council
1: The Governor-General, by Order in Council made on the recommendation of the Minister, may amend Schedule 4
a: adding the name of any person; or
b: deleting the name of any person.
2: The Minister must not recommend that an order be made under subsection (1)(a)
a: the Minister has consulted the Chief Censor on the proposal that the order be made; and
b: the Minister is satisfied, on reasonable grounds, that adding the name of the person will reduce the risk of harm to viewers of commercial video on-demand content.
3: The Minister must not recommend that an order be made under subsection (1)(b)
a: the Minister has consulted the Chief Censor on the proposal that the order be made; and
b: the Minister is satisfied, on reasonable grounds, that deleting the name of the person will not materially increase the risk of harm to viewers of commercial video on-demand content.
4: For the purposes of subsections (2)(b) and (3)(b)
a: must consider—
i: available evidence of the current or likely extent of public subscriptions to, or use of, commercial video on-demand services and products provided by the person; and
ii: available evidence of the nature of the commercial video on-demand content made available, or intended to be made available, by the person and the potential of that content to cause harm; and
iii: available evidence of the person’s commitment to a classification framework recognised in New Zealand as being effective in ensuring that persons in New Zealand who are likely to be harmed by viewing the commercial video on-demand content are warned of the nature of that content by means of clear and consistent labelling; and
b: may consider any other factors that the Minister thinks relevant.
5: An order under subsection (1)(a)
6: An order made under subsection (1)
9: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
10: New Schedule 4 inserted
After Schedule 3 Schedule 4 Schedule 2
2: Related amendments
11: Section 6 amended (Films to be labelled)
After section 6(2)
3: Subsections (1) and (2) do not apply to a film that is commercial video on-demand content offered by a specified CVoD provider, and section 46C
12: Section 9 amended (Applications for issue of label)
1: After section 9(1)(b)
c: any specified CVoD provider.
2: Replace section 9(2)
2: Subsection (1) does not apply to—
a: any film in respect of which a label has already been issued under this Act (except any film for which a label has been issued by a specified CVoD provider using an approved self-rating system); or
b: any film that has been classified under this Act as objectionable.
13: New section 11A inserted (Classification Office must provide film database)
After section 11
11A: Classification Office must provide film database
1: The Classification Office must provide and maintain a database of films that have been labelled under this Act and that includes the prescribed information in respect of each film.
2: The Classification Office must make the database available for public inspection at all reasonable times, free of charge, by publishing it on an Internet site maintained by, or on behalf of, the Classification Office.
14: Section 27 amended (Conditions relating to display of restricted publications)
1: In section 27(5) display of a film display of a film (other than a film that is video on-demand content)
2: After section 27(5)
6: The conditions that may be imposed pursuant to this section in respect of the display of advertising material for video on-demand content that has a restricted classification are as follows:
a: that the advertisement must indicate the classification and any description assigned to the content by way of a label displayed in a manner specified by the Classification Office:
b: that the advertisement may only be displayed, broadcast, or otherwise published, or must not be displayed, broadcast, or published—
i: in places or media specified by the Classification Office:
ii: at or between times specified by the Classification Office:
iii: in association with other advertising or media content of a type specified by the Classification Office:
iv: in circumstances specified by the Classification Office.
15: Section 36 amended (Issue of labels in respect of films)
1: After section 36(1)
1A: If the Classification Office has examined and classified commercial video on-demand content referred to it by a specified CVoD provider pursuant to section 46E(3)
2: Replace section 36(2)
2: If the Classification Office has examined and classified a film submitted to it under section 13 or 42, or referred to it under section 29(1) or 41(3), the Classification Office may,—
a: in the case of commercial video on-demand content made available, or intended to be made available, by a specified CVoD provider, direct the provider to issue a label in respect of that content; or
b: in any other case, if the Classification Office is satisfied that the film is available for public supply or public exhibition, or is intended to be made available for public supply or public exhibition, direct the labelling body to issue a label in respect of that film.
2A: Subsection (2)
3: In section 36(3) subsection (1) or subsection (2) subsection (1), (1A), or (2)
4: In section 36(4) labelling body or a specified CVoD provider
5: Replace section 36(5)
5: If, under subsection (2)
16: Section 38 amended (Decisions of Classification Office)
In section 38(2)(d) the labelling body or a specified CVoD provider
17: Section 77 amended (Functions of Classification Office)
After section 77(1)(a)
aa: to support and facilitate the development by specified CVoD providers of approved self-rating systems:
ab: to provide and maintain a database of films ( see section 11A
ac: to support the Chief Censor to approve self-rating systems developed by specified CVoD providers for their use to label commercial video on-demand content ( see section 46G
ad: to support the Chief Censor to review approved self-rating systems used by specified CVoD providers ( see section 46H
18: Section 120 amended (Non-compliance with labelling requirements)
1: In section 120(2)(a) public or makes available
2: In section 120(4) section 6 and section 46C
19: Section 121 amended (Unlawful issue of labels)
In section 121(1) not being the labelling body, not being the labelling body or a specified CVoD provider using an approved self-rating system
20: Section 122 amended (Meaning of distribute in sections 123 to 132)
In section 122(1)(b) (for example, to provide access by means of a public data network to digital content that is or includes the publication) (for example, to make available digital content that is or includes the publication by means of a public data network)
21: Section 131 amended (Offence to possess objectionable publication)
After section 131(5)(f)
g: for the purposes of rating and labelling the publication, if—
i: the publication is video on-demand content; and
ii: the defendant is a specified CVoD provider; and
iii: the defendant assesses the content as soon as is reasonably practicable after it comes into the defendant’s possession, using the defendant's approved self-rating system, and refers the content to the Classification Office for classification in accordance with section 46E(3)
22: Section 149 amended (Regulations)
1: After section 149(f)(ii)
iii: the self-rating process for commercial video on-demand content provided by specified CVoD providers:
2: After section 149(i)(iii)
iv: the display of labels on commercial video on-demand content provided by specified CVoD providers (including labels to be displayed on the content and on menus and catalogues that list the content):
v: the display of labels on advertisements for commercial video on-demand content provided by specified CVoD providers:
3: After section 149(k)
ka: prescribing factors that must be taken into account when the rating to be applied to commercial video on-demand content is determined by use of an approved self-rating system ( see section 46F(1)(g)
kb: prescribing information to be included in the film database maintained by the Classification Office under section 11A
23: New sections 149A to 149E inserted
After section 149 Levy on specified CVoD providers
149A: Payment of annual levy by specified CVoD provider
1: A specified CVoD provider must pay to the Classification Office an annual levy prescribed by, or calculated in accordance with, regulations made under section 149B
2: The levy is payable to the Classification Office to fund the costs of its activities in support of the purpose of Part 3A
3: A provider must pay the levy for each financial year beginning on 1 July (or part of the year) during which the provider is listed in Schedule 4
4: In respect of a financial year beginning on 1 July, a provider must pay the levy on or before the later of the following:
a: the 28th day after an invoice is sent; or
b: 31 July of that financial year.
149B: Levy regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations, for the levy that is payable under section 149A
a: prescribing the amount or rate of the levy or prescribing the methods of calculating or ascertaining amounts or rates of the levy; and
b: requiring the waiver, refund, or remission of the whole or any part of a levy in circumstances prescribed in the regulations; and
c: providing for the Chief Censor to waive, refund, or remit the whole or any part of a levy in such circumstances as (in accordance with the regulations) the Chief Censor thinks fit; and
d: providing for any circumstances in which, and conditions subject to which, providers may be allowed extensions of time for the payment of a levy; and
e: imposing the addition of penalties, not exceeding 10% of the unpaid amount, to a levy that is not paid in full by the due date.
2: Regulations in force on 31 May apply to the next financial year beginning on 1 July.
3: A levy imposed by regulations made under this section must be reasonable, having regard to—
a: the costs projected to be incurred by the Classification Office carrying out its activities in support of the purpose of Part 3A
b: the amount of any income that could be applied to meet those costs and that is projected to be received by the Classification Office from any other source.
4: The regulations may prescribe the amount or rate of the levy, or prescribe the methods of calculating or ascertaining amounts or rates of the levy,—
a: on a uniform basis; or
b: on any differential basis.
5: Before recommending that regulations be made under this section, the Minister must be satisfied that—
a: the Secretary has taken reasonable steps to consult each specified CVoD provider in relation to the proposed levy; and
b: if the levy is set on a differential basis, the levy required from different providers is fair having regard to the risk of harm to viewers from commercial video on-demand content made available by different providers (for example, having regard to the market presence of different providers and the nature of the content made available by different providers).
6: An order made under subsection (1)
149C: Dispute does not suspend obligation to pay levy
A dispute about the validity of a levy or the provider’s liability to pay a levy does not suspend—
a: the obligation of the provider to pay the levy; or
b: the right of the Classification Office to receive and recover the levy (or act under section 149D or 149E
149D: Approval may be suspended until debt paid
1: If a specified CVoD provider fails to pay by the due date any levy payable under section 149A
2: The Chief Censor must give the provider written notice of the Chief Censor’s intention to act under subsection (1)
3: If an approval is suspended under this section, during the period of suspension, the system to which the approval relates is not an approved self-rating system. 1949 No 19 s 67ZR; 1997 No 100 s 16(1), (2) Status and recovery of fees or levy
149E: Status and recovery of fees or levy
Outstanding amounts of fees or levy payable to the Classification Office under this Act constitute a debt due to the Office, and the Office may issue legal proceedings for recovery of the debt from the provider in a court of competent jurisdiction.


1: Title
This Act is the Support Workers (Pay Equity) Settlements Amendment Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Act that was previously called the Care and Support Workers (Pay Equity) Settlement Act 2017 principal Act 2020-08-07 Care and Support Workers (Pay Equity) Settlement Act 2017
1: Amendments to Care and Support Workers (Pay Equity) Settlement Act 2017
4: Title of principal Act changed
In section 1 Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017
5: Section 3 amended (Purpose)
1: In section 3(1)(a) agreement agreements
2: In section 3(1)(b)
a: replace that agreement those agreements
b: delete care and
c: replace the agreement the agreements
3: Replace section 3(2)
2: The settlement agreements are—
a: the agreement in respect of care and support workers signed on 2 May 2017 by or on behalf of the Crown, ACC, the 20 DHBs, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, the New Zealand Nurses Organisation Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated; and
b: the agreement in respect of vocational and disability support workers signed on 17 July 2017 by or on behalf of the Crown, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated; and
c: the agreement in respect of mental health and addiction support workers signed on 25 July 2018 by or on behalf of the Crown, the 20 DHBs, Platform Charitable Trust, E tū Incorporated, the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Incorporated, and the New Zealand Council of Trade Unions Te Kauae Kaimahi Incorporated.
6: Section 4 amended (Overview)
1: In section 4 care and
2: In section 4(d) Ministry of Health, DHBs, and ACC funders
7: Section 5 amended (Interpretation)
1: In section 5 care and support services
a: in paragraph (a)(i), replace funded that are funded by the Ministry of Health, a DHB, or ACC
b: replace paragraph (a)(i)(C) with:
C: in respect of a person with an injury covered by the Accident Compensation Act 2001, supporting the person’s rehabilitation from the injury or supporting them to achieve and sustain their maximum level of participation in everyday life; and
c: replace paragraph (b) with:
b: does not include mental health and addiction support services, vocational and disability support services, or services provided by a health practitioner
2: In section 5 continuous employment care and
3: In section 5 Department of Corrections health practitioner Health Practitioners Competence Assurance Act 2003 mental health and addiction support services
a: means services that are funded under a funding agreement and that are provided to—
i: a person who has a mental health need or an addiction need for the purpose of assisting them to—
A: continue to live in their home or in the community (such as personal care and household management services); or
B: work or volunteer in the community; or
C: participate in activities in, and contribute to, their community; or
D: learn new skills to manage their lives and achieve overall well-being; or
E: maintain and develop social and support networks; or
ii: a person with a mental injury covered by the Accident Compensation Act 2001
A: supporting their rehabilitation from the injury; or
B: supporting them to achieve and sustain their maximum level of participation in everyday life; but
b: does not include—
i: care and support services; or
ii: vocational and disability support services; or
iii: services provided by a health practitioner; or
iv: services provided at a location other than the following:
A: the person’s home (including a residential care facility, a retirement village, and a rest home):
B: the person’s workplace:
C: an employer facility:
D: a community facility mental health and addiction support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides mental health and addiction support services; and
b: for the purposes of Part 2 of Schedule 1
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided mental health and addiction support services Ministry of Social Development Oranga Tamariki—Ministry for Children relevant date
a: in relation to a care and support worker, means 1 July 2017; and
b: in relation to all other support workers, means the date on which the Support Workers (Pay Equity) Settlements Amendment Act 2020 support services support worker
a: means an employee of an employer whose work for that employer primarily involves providing support services; and
b: for the purposes of section 8 and Part 2 of Schedule 1 vocational and disability support services
a: means services that are funded by the Ministry of Social Development or Oranga Tamariki—Ministry for Children under a funding agreement that are provided to a person with a disability for the purposes of assisting them to—
i: continue to live in their home or in the community (such as personal care and household management services); or
ii: work or volunteer in the community; or
iii: participate in activities in, and contribute to, their community; or
iv: learn new skills to manage their lives and achieve overall well-being; or
v: maintain and develop social and support networks; but
b: does not include care and support services, mental health and addiction support services, or services provided by a health practitioner vocational and disability support worker
a: means a person—
i: who is an employee of an employer; and
ii: whose work for that employer primarily involves providing support services; and
iii: who, of the support services that the person provides, primarily provides vocational and disability support services; and
b: for the purposes of Part 2 of Schedule 1
i: who was previously an employee of an employer; and
ii: whose work for that employer primarily involved providing support services; and
iii: who, of the support services that the person provided, primarily provided vocational and disability support services.
4: In section 5 employer
a: replace paragraph (a)(i) with:
i: a person, trust, or partnership that receives funding from a funder to provide support services; and
b: in paragraph (a)(iii), delete care and
5: In section 5 funder funder
6: In section 5 funding agreement
a: replace the Ministry of Health or a DHB a funder other than ACC
b: replace between a funder between the funder
c: delete care and
7: In section 5 ordinary hourly wage care and
8: Part 2 heading amended
In the Part 2 Care and support Support
9: Cross-heading above section 8 amended
In the cross-heading above section 8 care and
10: Section 8 amended (Existing claims extinguished and potential claims barred)
1: Replace section 8(1)(a)
a: any claim by or on behalf of a support worker under the Equal Pay Act 1972 relating to the provision of support services that was lodged but not determined before the relevant date; and
2: In section 8(1)(b) and (3)(a) and (b) care and
11: Section 9 amended (Minimum hourly wage rates)
1: In section 9(1) care and
2: In section 9(1)(b) commencement of this Act relevant date
3: In section 9(3) excluded services
4: In section 9(3) Ministry for Vulnerable Children, Oranga Tamariki Ministry of Social Development
12: New section 9A inserted (Minimum hourly wage rates for mental health and addiction support services provided to individual clients)
After section 9
9A: Minimum hourly wage rates for mental health and addiction support services provided to individual clients
1: This section applies to a person (an individually funded client
a: receives funding directly from a funder towards the cost of mental health and addiction support services for that person; and
b: employs a person (a worker
2: The individually funded client must pay the worker, for the provision of the services, no less than the greater of—
a: the applicable hourly wage set out in Schedule 2; and
b: the ordinary hourly wage that the client was required to pay the worker under the terms and conditions of employment in place between the client and the worker immediately before the commencement of the Support Workers (Pay Equity) Settlements Amendment Act 2020
3: This section does not apply if the funding received by the individually funded client is paid under a family care policy within the meaning of that term in section 70B(1) of the New Zealand Public Health and Disability Act 2000.
4: This section does not apply in respect of a period of time spent by a worker overnight during which the worker, under the terms of the worker’s employment agreement, is—
a: required to be at the worker’s workplace; and
b: allowed to sleep at the workplace while on duty; and
c: required to be available to attend to the worker’s duties during the course of the night as necessary.
13: Section 10 amended (Weekend and night penal rates)
1: In section 10(1)(a) and (2) commencement of this Act relevant date
2: In section 10(1)(b) care and
14: Section 11 amended (Previous agreements that require allowances for service or qualifications unenforceable)
1: In section 11(1)(a) commencement of this Act relevant date
2: In section 11(1)(b) care and
15: Section 12 amended (Employers must ensure care and support workers are able to gain qualifications)
1: In the heading to section 12 care and
2: In section 12(1) and (2) care and
16: Section 14 amended (Care and support worker may recover unpaid or underpaid wages)
1: In the heading to section 14 Care and support Support
2: In section 14 care and
17: Section 16 amended (This Act overrides terms and conditions of employment agreements)
1: In section 16(1) and (2) care and
2: In section 16(1)(a) and (2) commencement of this Act relevant date
18: Section 17 amended (Employer and care and support worker may negotiate more favourable terms and conditions)
1: In the heading to section 17 care and
2: In section 17 care and
19: Section 18 amended (Funding amounts increased)
Replace section 18(4)
4: This section applies only in respect of funding agreements entered into before,—
a: in relation to care and support services and vocational and disability support services, 1 July 2017; and
b: in relation to mental health and addiction support services, 1 July 2018.
20: Section 19 amended (Records to support additional funding)
In section 19(1) and (2)(b) care and
21: Schedule 1 amended
In Schedule 1, after Part 1 Part 2 Schedule
22: Schedule 2 amended
1: In Schedule 2 care and
2: In Schedule 2, clause 3(2) a × (((b ÷ c) − 1.017 4
2: Consequential amendments to other Acts
23: Amendments to Employment Relations Act 2000
1: This section amends the Employment Relations Act 2000
2: In the following provisions, replace Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017
a: section 148A(3)
b: section 161(1)(m)(iia)
c: section 223(1)(ab)
d: section 236(4)(ba) 2020-08-07 Employment Relations Act 2000
24: Amendment to Equal Pay Amendment Act 2020
1: This section amends the Equal Pay Amendment Act 2020
2: In Schedule 1 Care and Support Workers (Pay Equity) Settlement Act 2017 Support Workers (Pay Equity) Settlements Act 2017 2020-08-07 Equal Pay Amendment Act 2020