SECOND SCHEDULE
PART I
Section 35 (1)
ACTS AMENDED
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Act | Amendment
-------------------------+----------------------------------------------
1962, No. 135---The | By omitting from the definition of the term
Transport Act 1962 | ``cargo container'' in section 2 (1) the
(R.S. Vol. 16, p. 659) | word ``Minister'', and substituting the
| word ``Authority''.
| By inserting in section 2 (1), in their
| appropriate alphabetical order, the
| following definitions:
| `` `Authority' means the Land Transport
| Safety Authority of New Zealand
| established by section 15 of the Land
| Transport Act 1993:
| `` `Director' means the Director of Land
| Transport Safety appointed under
| section 24 of the Land Transport Act
| 1993:''.
| By repealing the definition of the term
| ``Department'' in section 2 (1) (as
| substituted by section 2 (1) of the
| Transport Amendment Act (No. 3) 1992).
| By omitting from the definition of the term
| ``Department of State'' in section 2 (1)
| the words ``State Services Act 1962; and
| includes the New Zealand Railways
| Corporation and the Post Office'', and
| substituting the words ``State Sector Act
| 1988''.
| By omitting from the definition of the term
| ``heavy traffic'' in section 2 (1), the
| words ``Governor-General by Order in
| Council under subsection (3) of this
| section'', and substituting the words
| ``Authority by notice in the Gazette''.
| By omitting from the definition of the term
| ``officer'' in section 2 (1) (as inserted
| by section 2 (4) of the Transport Amendment
| Act 1980) the word ``Department'', and
| substituting the word ``Authority''.
| By omitting from the definition of the term
| ``Secretary'' (as substituted by section 2
| (1) of the Transport Amendment Act (No. 3)
| 1992) the word ``Department'', and
| substituting the words ``Ministry of
| Transport''.
| By repealing section 2 (3).
| By omitting from section 30B (3) (as inserted
| by section 6 of the Transport Amendment Act
| (No. 3) 1983) the words ``Minister of
| Transport'', and substituting the word
| ``Authority''.
| By omitting from the definitions of
| ``vehicle'' and ``weight'' in section 2 (1)
| and also from sections 64 (3), 68B (2A),
| 70E, 77 (1) (fb), 77C (1), and 78 the word
| ``Minister'' wherever it occurs, and
| substituting in each case the word
| ``Authority''.
| By omitting the words ``Secretary'' and
| ``Secretary for Transport'' wherever they
| occur in the Act (except where they occur
| as defined terms in section 2 (1) and where
| they occur in sections 68A (2), (4), and
| (7) and 199B), and substituting in each
| case the word ``Director''.
| By omitting from the definition of the term
| ``enforcement authority'' in section 2 (1)
| and also from sections 37 (1), 38 (9), 42A
| (11), 58G (5), 79 (7), and 91 (5) the words
| ``Ministry'' and ``Ministry of Transport''
| wherever they occur, and substituting in
| each case the word ``Authority''.
| By omitting from the definition of the term
| ``officer of the Department'' in section 2
| (1) and also from sections 39A, 68A (3), 70
| (6), 70B (6), 70C (6) and (7), 70D (2),
| (5), and (8), 79A (4), 80, 196B, and 197
| (1) (b) the word ``Department'' wherever it
| occurs, and substituting in each case the
| word ``Authority''.
| By omitting from section 30AA (2A) (as
| inserted by section 3 (1) of the Transport
| Amendment Act (No. 3) 1992) the expression
| ``subsections (1), (2), and (4)'', and
| substituting the expression ``subsections
| (1) and (2)''.
| By repealing paragraph (a) of section 30AA
| (2A) (as so inserted).
| By inserting in section 30AA (as substituted
| by section 3 (1) of the Transport Amendment
| Act (No. 2) 1988), after subsection (2A)
| (as so inserted), the following subsection:
|
| ``(2B) Notwithstanding anything in
| subsection (4) of this section or in
| section 7 of the Summary Proceedings Act
| 1957, where a person is convicted (whether
| summarily or on indictment) of an offence
| against section 35 of this Act (which
| relates to driving while disqualified or
| contrary to the terms of a limited
| licence), the Court shall, in addition to
| any other penalties it may impose but
| subject to section 30AC of this Act,---
| ``(a) In the case of a first offence,
| order the person to be disqualified
| from holding or obtaining a
| driver's licence for a period of 6
| months or more; or
| ``(b) In the case of a second or
| subsequent offence, order the
| person to be disqualified from
| holding or obtaining a driver's
| licence for a period of 12 months
| or more,---
| unless the Court for special reasons
| relating to the offence thinks fit to order
| otherwise.''
| By omitting from section 30AA (7) (as so
| substituted) the expression ``or section
| 67''.
| By omitting from section 30AA (7) (as so
| substituted) the word ``relate'', and
| substituting the word ``relates''.
| By inserting in section 41A (5) (c) (as
| substituted by section 8 of the Transport
| Amendment Act (No. 3) 1992), before the
| word ``information'', the word
| ``enforcement''.
| By repealing section 41B (as so substituted),
| and substituting the following section:
| ``41B. Owner liability for moving vehicle
| offences---(1) In this section,---
| `` `Moving vehicle offence' means either
| of the following, namely,---
| ``(a) A speeding offence; or
| ``(b) An offence in respect of the
| failure to comply with the directions
| given by a traffic signal---
| that is detected by any approved
| vehicle surveillance equipment:
| `` `Proceedings' means proceedings under
| the Summary Proceedings Act 1957, and
| includes the issue of an infringement
| notice under section 42A of this Act.
| ``(2) Proceedings for a moving vehicle
| offence may be taken against any one or
| more of the following persons:
| ``(a) The person who allegedly committed
| the offence:
| ``(b) Any person who, at the time of the
| alleged offence, was registered as
| the owner, or one of the owners, of
| the vehicle involved in the offence
| in a register kept under section 18
| of the Transport (Vehicle and
| Driver Registration and Licensing)
| Act 1986:
| ``(c) Any person who, at the time of the
| alleged offence, was lawfully
| entitled to possession of the
| vehicle involved in the offence
| (whether jointly with any other
| person or not);---
| whether or not (in the case of a person
| referred to in paragraph (b) or paragraph
| (c) of this subsection) the person is an
| individual or was the driver, person in
| charge, or user of the vehicle at the time
| the alleged offence was committed.
| ``(3) Subject to subsection (5) of this
| section, in any proceedings taken against a
| person pursuant to paragraph (b) or
| paragraph (c) of subsection (2) of this
| section, it shall be conclusively presumed
| that---
| ``(a) The person was the driver, person
| in charge, and user of the vehicle
| at the time of the alleged offence
| (whether or not the person is an
| individual); and accordingly
| ``(b) The acts or omissions of the
| driver, person in charge, or user
| of the vehicle at that time were
| the acts or omissions of the
| first-mentioned person.
| ``(4) It shall be a defence to
| proceedings taken against a person for a
| moving vehicle offence if the person proves
| that another person has, by virtue of an
| order under the Summary Proceedings Act
| 1957, become liable to pay a fine or costs,
| or both, in respect of the offence.
| ``(5) It shall be a defence to
| proceedings taken against a person pursuant
| to paragraph (b) or paragraph (c) of
| subsection (2) of this section if---
| ``(a) The person proves that, at the time
| the alleged offence was
| committed,---
| ``(i) He or she was not lawfully
| entitled to possession of the
| vehicle (either jointly with any
| other person or severally); or
| ``(ii) Another person was driving
| the vehicle; and
| ``(b) Forthwith after becoming aware of
| the alleged offence he or she
| advised the enforcement authority
| in writing that, at the time the
| offence was committed, he or she
| was not lawfully entitled to
| possession of the vehicle or
| another person was driving the
| vehicle, as the case may be; and
| ``(c) The person has furnished to the
| enforcement authority a statutory
| declaration---
| ``(i) Identifying the driver, by
| giving the name and address of the
| driver or such other particulars
| within the person's knowledge as
| may lead to the identification of
| the driver; or
| ``(ii) Establishing that the
| person could not identify the
| driver, after taking all reasonable
| steps to do so.
| ``(6) A statutory declaration given under
| subsection (5) of this section shall, in
| the absence of evidence to the contrary, be
| sufficient evidence of the matters stated
| in the declaration.
| ``(7) Every person commits an offence and
| is liable on conviction to a fine not
| exceeding $2,000 who makes any statement in
| a statutory declaration given under
| subsection (5) of this section, knowing the
| same to be false or misleading in any
| material particular.
| ``(8) This section shall have effect
| notwithstanding anything to the contrary in
| any Act or rule of law.''
| By omitting from section 42 (1) (as so
| substituted) the word ``evidence'' where it
| first occurs, and substituting the word
| ``proof''.
| By inserting in section 42 (as so
| substituted), after subsection (1), the
| following subsection:
| ``(1A) The production in any proceedings
| for a moving vehicle offence of an image
| purporting to be an image referred to in
| subsection (1) of this section shall, in
| the absence of proof to the contrary, be
| sufficient evidence that the image was
| produced by means of an exposure taken by
| approved vehicle surveillance equipment.''
| By adding to section 42A (1) (as substituted
| by section 17 of the Summary Proceedings
| Amendment Act 1987) the words ``, a
| stationary vehicle offence, and a moving
| vehicle offence''.
| By inserting in section 42A (as so
| substituted), after subsection (8), the
| following subsection:
| ``(8A) The infringement fee payable in
| respect of a stationary vehicle offence and
| a moving vehicle offence shall,---
| ``(a) In the case of a stationary vehicle
| offence, be the appropriate
| infringement fee specified in the
| Second Schedule to this Act in
| respect of the relevant offence
| (being an offence specified in the
| definition of the term `stationary
| vehicle offence' in section 41A (1)
| of this Act):
| ``(b) In the case of a moving vehicle
| offence, be the appropriate
| infringement fee specified in the
| Second Schedule to this Act in
| respect of the relevant offence
| detected by approved vehicle
| surveillance equipment in that
| case.''
| By omitting from section 42A (11) (as
| substituted by section 9 (2) of the
| Transport Amendment Act (No. 2) 1992) the
| words ``the Police or the Department'' (as
| substituted by section 129 (1) of the
| Privacy Act 1993), and substituting the
| words ``the Police or the Authority''.
| By omitting from section 44 (1) (as
| substituted by section 10 (1) of the
| Transport Amendment Act (No. 3) 1992) the
| words ``to which section 41B of this Act
| applies'', and substituting the words
| ``detected by approved vehicle surveillance
| equipment''.
| By inserting in section 51 (as substituted by
| section 2 of the Transport Amendment Act
| 1970), after subsection (2), the following
| subsection:
| ``(2A) Regulations made pursuant to
| subsection (1) of this section may
| prescribe a graduated scale of demerit
| points for speeding offences.''
| By omitting from section 66 (2) (b) (i) (as
| amended by section 25 (2) of the Transport
| Amendment Act (No. 3) 1992) the words ``and
| date of birth, or any of those
| particulars'', and substituting the words
| ``and date of birth, or such of those
| particulars as the constable or traffic
| officer may specify''.
| By omitting from subsections (2), (4), and
| (7) of section 68A the words ``Secretary
| for Transport'' wherever they occur, and
| substituting in each case the word
| ``Authority''.
| By omitting from section 68B (2A) the words
| ``an officer of the Department'', and
| substituting the words ``a person''.
| By omitting from section 68B (2A) (b) the
| word ``officer'', and substituting the word
| ``person''.
| By omitting from section 68B (2A) (c) the
| words ``an officer of the Department'', and
| substituting the words ``a person
| authorised by the Director''.
| By omitting from section 77 (1) (fd) (iv) (as
| inserted by section 35 (1) of the Transport
| Amendment Act (No. 3) 1992) the words ``,
| and to recover costs incurred in respect of
| such inspections''.
| By inserting in section 77 (1), after
| paragraph (ff) (as so inserted), the
| following paragraph:
| ``(fg) Prescribing fees or maximum fees
| or authorising the charging of
| reasonable fees in respect of---
| ``(i) The inspection of any motor
| vehicle pursuant to regulations
| made under paragraph (fd) of this
| subsection:
| ``(ii) The assignment or affixing
| of any vehicle identification
| number pursuant to such
| regulations:
| ``(iii) The issuing of any
| certificate pursuant to regulations
| made under paragraph (ff) of this
| subsection:''.
| By repealing paragraph (g) of section 77 (1)
| (as substituted by section 2 (1) of the
| Transport Amendment Act 1988), and
| substituting the following paragraph:
| ``(g) Providing for the periodical or
| other examination of motor vehicles
| and the issue of warrants of
| fitness, certificates of fitness,
| certificates of loading, and
| permits by the Authority, local
| authorities, or persons approved by
| the Director; prescribing fees or
| maximum fees or authorising the
| charging of reasonable fees in
| respect of such examinations (and
| different fees may be prescribed or
| provided for in respect of
| different circumstances and
| different testing authorities);
| providing for the electronic
| transmission of information
| relating to such examinations;
| prescribing the persons to whom any
| fees are to be paid; providing for
| the refund or waiver of any fee
| payable under this Act in respect
| of an approval that authorises a
| person to issue warrants of fitness
| or certificates of fitness, in
| whole or in part, in any specified
| case or class of cases; and
| exempting specified motor vehicles
| or classes of motor vehicles from
| the provisions of the
| regulations:''.
| By omitting from section 77 (1) (za) (as
| added by section 3 (1) of the Transport
| Amendment Act 1976) the expression
| ``paragraphs (a) to (fb) of''.
| By omitting from section 77 (3) (b) (as added
| by section 35 (2) of the Transport
| Amendment Act 1992) the words ``offices of
| the Ministry'', and substituting the words
| ``the head office of the Authority''.
| By inserting in section 79 (as substituted by
| section 20 (1) of the Transport Amendment
| Act 1989), after subsection (2), the
| following subsection:
| ``(2A) A person exercising powers
| pursuant to a delegation under subsection
| (2) of this section shall exercise such
| powers in accordance with such conditions
| and restrictions as the Director may
| specify.''
| By omitting from section 79 (3) (as so
| substituted), the words ``officer of the
| Department'', and substituting the word
| ``person''.
| By inserting in section 79 (as so
| substituted), after subsection (4), the
| following subsection:
| ``(4A) Notwithstanding subsection (1) of
| this section, where the Director is
| satisfied that a vehicle meets the
| requirements of an alternative
| certification system (being a system
| designed to provide a level of safety
| equivalent to the prescribed level of
| safety and being a system provided for in
| ordinary rules made under Part II of the
| Land Transport Act 1993), the Director may
| issue in respect of that vehicle a label
| stating that the vehicle does not require a
| certificate of fitness; and, for the
| purposes of subsection (1) of this section,
| such a label shall have the same effect as
| a certificate of fitness.''
| By omitting from section 82 (1) the words
| ``may, if he thinks fit,'', and
| substituting the words ``or the Authority
| may, if the Minister or the Authority, as
| the case may be, thinks fit,''.
| By inserting in section 82 (3), after the
| word ``Minister'', the words ``or the
| Authority, as the case may require,''.
| By inserting in section 82 (3), after the
| word ``his'', the words ``or her or its''.
| By inserting in section 82 (6), after the
| word ``Minister'', the words ``or the
| Authority''.
| By adding to section 199B (1) (as inserted by
| section 34 of the Transport Amendment Act
| (No. 2) 1992) the words ``, and the
| Director may in like manner transfer to the
| Commissioner all or any of the functions or
| powers of the Director under this Act or
| that Act, or under any such regulations''.
| By inserting in subsections (2), (4), (5),
| and (6) of section 199B (as so inserted),
| after the word ``Secretary'' wherever it
| occurs, the words ``or the Director, as the
| case may be,''.
| By omitting from Part V of the Second
| Schedule the expression ``41B (5)'' (as
| inserted by section 39 (1) of the Transport
| Amendment Act (No. 3) 1992), and
| substituting the expression ``41B (7)''.
| By omitting from Part IX of the Second
| Schedule (as substituted by section 23 (1)
| of the Transport Amendment Act 1989) the
| expression ``50'' where it occurs in
| relation to offences against bylaws, and
| substituting the expression ``500''.
1974, No. 66---The Local | By repealing section 594ZS (as inserted by
Government Act 1974 | section 2 of the Local Government Amendment
(R.S. Vol. 25, p. 1) | Act (No. 4) 1989), and substituting the
| following section:
| ``594ZS. Directors of passenger transport
| companies, etc.---Notwithstanding the
| provisions of section 594R (2) of this Act,
| the articles of association of every
| passenger transport company shall
| provide---
| ``(a) That there shall be not fewer than
| 3 directors of the company; and
| ``(b) That, where there are fewer than 6
| directors, not more than one of
| them shall be a member or employee
| of a local authority; and
| ``(c) That, where there are 6 or more
| directors, not more than 2 of them
| shall be members or employees of a
| local authority.''
| By omitting from section 200C (1) (as
| inserted by section 2 of the Local
| Government Amendment Act (No. 2) 1992) the
| word ``section'', and substituting the
| words ``Part of this Act''.
1975, No. 9---The | By inserting in Part II of the First
Ombudsmen Act 1975 | Schedule, in its appropriate alphabetical
(R.S. Vol. 21, p. 657) | order, the following item:
| ``The Land Transport Safety Authority of
| New Zealand.''
1977, No. 124---The Road | By adding to section 8 (as substituted by
User Charges Act 1977 | section 5 of the Road User Charges
(R.S. Vol. 21, p. 759) | Amendment Act 1992) the following
| subsection:
| ``(3) In every application under this
| section for a distance licence for a motor
| vehicle, the minimum reading to be
| specified in the licence shall not be
| greater than the maximum reading specified
| in the last properly issued licence for
| that vehicle. Where an application for a
| distance licence is made in contravention
| of this subsection, the amount arrived at
| by multiplying the distance in kilometres
| by which the minimum reading was overstated
| by the road user charge per kilometre for
| that licence shall, until paid in full to,
| or remitted by, the chief executive,
| constitute a debt to the Crown by the
| applicant for the licence, and may be
| recovered accordingly in any Court of
| competent jurisdiction.''
| By repealing subparagraphs (ii) and (iii) of
| section 17 (1) (c).
| By inserting in section 19 (3) (a) (as added
| by section 10 of the Road User Charges
| Amendment Act 1992), after the words ``copy
| of the licence'', the words ``in the
| prescribed form''.
| By inserting, after section 23C (as inserted
| by section 13 of the Road User Charges
| Amendment Act 1992), the following section:
|
| ``23D. Delegation of chief executive's
| functions or powers to persons outside
| Ministry---(1) Subject to subsection (2) of
| this section, the chief executive may from
| time to time, either generally or
| particularly, delegate to such persons (not
| being employees of the Ministry) as he or
| she specifies any of his or her functions
| or powers under this Act.
| ``(2) The chief executive shall not
| delegate any function or power to any
| person or any class of persons not employed
| in the State services (within the meaning
| of the State Sector Act 1988), except with
| the consent in writing of the Minister.
| ``(3) Subject to any general or special
| directions given or conditions imposed by
| the chief executive, any person to whom any
| functions or powers are delegated under
| this section may perform those functions
| and exercise those powers in the same
| manner and with the same effect as if they
| had been conferred or imposed upon the
| person directly and not by delegation.
| ``(4) The chief executive may delegate
| any power or function under this section to
| a specified person or class of persons or
| to the holder or holders of a specified
| office or class of office for the time
| being.
| ``(5) Every delegation under this section
| shall be given for a specific or indefinite
| period but in either case shall be
| revocable at will and no such delegation
| shall prevent the exercise of any power or
| the performance of any function by the
| chief executive.
| ``(6) Every delegation under this section
| shall, until revoked, continue in force
| according to its tenor, notwithstanding the
| fact that the chief executive by whom it
| was made may cease to hold office, and
| shall continue to have effect as if it were
| made by the person for the time being
| holding office as chief executive.
| ``(7) Every person purporting to act
| under any delegation under this section
| shall when reasonably requested produce
| evidence of his or her authority to do
| so.''
1986, No. 6---The | By inserting in section 2 (1), in their
Transport (Vehicle and | appropriate alphabetical order, the
Driver Registration | following definitions:
and Licensing) Act | `` `Authority' means the Land Transport
1986 | Safety Authority of New Zealand established
| by section 15 of the Land Transport Act
| 1993:
| `` `Director' means the Director of Land
| Transport Safety appointed under
| section 24 of the Land Transport Act
| 1993:
| `` `Officer of the Authority' includes an
| employee of the Authority:''.
| By inserting in section 10 (2), before the
| words ``fees payable'', the words
| ``prescribed''.
| By omitting from section 30 (3) the words
| ``fee (if any) for the time being
| prescribed in the Second Schedule to this
| Act'', and substituting the words
| ``prescribed fee (if any)''.
| By omitting the word ``Secretary'' from
| sections 42, 43, 44 (1), 45 (2) and (3),
| 45A, 46 (3), 47, and 48 wherever it occurs,
| and substituting in each case the word
| ``Director''.
| By omitting from section 39 the word
| ``Secretary'', and substituting the word
| ``Authority''.
| By omitting from section 39 the words
| ``Ministry of Transport'', and substituting
| the word ``Authority''.
| By omitting from section 42 (1) the word
| ``Minister'', and substituting in each case
| the word ``Authority''.
| By omitting from section 45 (1) the word
| ``Secretary'' in the first place where it
| occurs, and substituting the word
| ``Authority''.
| By omitting from section 45 (1) the word
| ``Secretary'' in the second and third
| places where it occurs, and substituting in
| each case the word ``Director''.
| By omitting the word ``Minister'' from
| section 48 (1) (a) and (g) wherever it
| occurs, and substituting in each case the
| word ``Director''.
| By omitting from section 48A (2) (e) (as
| inserted by section 9 (1) of the Transport
| (Vehicle and Driver Registration and
| Licensing) Amendment Act 1987) the word
| ``Department'', and substituting the word
| ``Authority''.
| By inserting, after section 51, the following
| section:
| ``51A. Delegation of Secretary's
| functions and powers to persons outside
| Ministry---(1) Subject to subsection (2) of
| this section, the Secretary may from time
| to time, either generally or particularly,
| delegate to such persons (not being
| employees of the Ministry) as he or she
| specifies any of his or her functions or
| powers under this Act.
| ``(2) The Secretary shall not delegate
| any function or power to any person or any
| class of persons not employed in the State
| services (within the meaning of the State
| Sector Act 1988), except with the consent
| in writing of the Minister.
| ``(3) Subject to any general or special
| directions given or conditions imposed by
| the Secretary, any person to whom any
| functions or powers are delegated under
| this section may perform those functions
| and exercise those powers in the same
| manner and with the same effect as if they
| had been conferred or imposed upon the
| person directly and not by delegation.
| ``(4) The Secretary may delegate any
| power or function under this section to a
| specified person or class of persons or to
| the holder or holders of a specified office
| or class of office for the time being.
| ``(5) Every delegation under this section
| shall be given for a specific or indefinite
| period but in either case shall be
| revocable at will and no such delegation
| shall prevent the exercise of any power or
| the performance of any function by the
| Secretary.
| ``(6) Every delegation under this section
| shall, until revoked, continue in force
| according to its tenor, notwithstanding the
| fact that the Secretary by whom it was made
| may cease to hold office, and shall
| continue to have effect as if it were made
| by the person for the time being holding
| office as Secretary.
| ``(7) Every person purporting to act
| under any delegation under this section
| shall when reasonably requested produce
| evidence of his or her authority to do
| so.''
1989, No. 44---The | By inserting in the Fourth, Fifth, and Sixth
Public Finance Act | Schedules (as added by section 41 of the
1989 | Public Finance Amendment Act 1992), in
| its appropriate alphabetical order, the
| following item:
| ``Land Transport Safety Authority of New
| Zealand.''
1989, No. 74---The | By inserting in section 2 (1), in their
Transport Services | appropriate alphabetical order, the
Licensing Act 1989 | following definitions:
| `` `Authority' means the Land Transport
| Safety Authority of New Zealand
| established by section 15 of the Land
| Transport Act 1993:
| `` `Director' means the Director of Land
| Transport Safety appointed under
| section 24 of the Land Transport Act
| 1993:''.
| By repealing the definitions of the terms
| ``Ministry'' and ``Secretary'' in section 2
| (1).
| By omitting from the definition of the term
| ``enforcement officer'' in section 2 (1)
| the word ``Ministry'', and substituting the
| word ``Authority''.
| By omitting the words ``Secretary'' and
| ``Secretary for Transport'' wherever either
| term occurs in the Act (except in section
| 29 (1)), and substituting in each case the
| word ``Director''.
| By omitting the word ``Secretary'' in section
| 29 (1), and substituting the word
| ``Authority''.
| By omitting from section 31 (3) the words
| ``an officer of the Ministry of Transport''
| and ``an officer'', and substituting,
| respectively, in each case the words ``a
| person''.
| By repealing subsection (1) of section 39F
| (as inserted by section 21 of the Transport
| Services Licensing Amendment Act (No. 3)
| 1992), and substituting the following
| subsection:
| ``(1) A rail service operator shall, at
| such times as are specified in the relevant
| approved safety system, arrange for an
| audit of that rail service operator's
| safety system.''
| By omitting from section 39H (1) (a) (as so
| inserted) the words ``the Secretary'', and
| substituting the words ``a rail service
| operator''.
| By omitting from section 39N (1) (as so
| inserted) the word ``the'' where it
| secondly occurs, and substituting the word
| ``an''.
| By omitting from section 63 the word
| ``Ministry'' wherever it occurs, and
| substituting in each case the word
| ``Authority''.
| By omitting from section 65 the words ``and
| payable to the Crown shall be paid or
| credited to the Ministry's Departmental
| Bank Account'', and substituting the words
| ``shall be paid or credited to the
| Authority''.
| By omitting from the Second Schedule the item
| relating to section 18A (4) where it occurs
| in relation to the Road User Charges Act
| 1977 (as inserted by section 28 of the
| Transport Services Licensing Amendment Act
| (No. 3) 1992).
| By inserting in the Second Schedule, in its
| appropriate numerical order and in the
| appropriate columns relating to the
| Transport Services Licensing Act 1989, the
| following item:
| ``18A (1) Driving without
| and (2) appropriate area
| knowledge certi-
| ficate, etc...........25 25''.
| By omitting from clause 5 (1) (d) of Part I
| of the Third Schedule the words ``Ministry
| of Transport or the Passenger Complaints
| Board'', and substituting the word
| ``Authority''.
| By omitting from the Note at the end of the
| Annex to Part III of the Third Schedule the
| words ``Ministry of Transport'', and
| substituting the word ``Authority''.
1989, No. 75---The | By inserting in section 2 (1), in their
Transit New Zealand | appropriate alphabetical order, the
Act 1989 .. .. | following definitions:
| `` `Director of Land Transport Safety'
| means the person appointed as such
| under section 24 of the Land
| Transport Act 1993:
| `` `Land Transport Authority' means the
| Land Transport Safety Authority of
| New Zealand established by section 15
| of the Land Transport Act 1993:''.
| By omitting from section 4 (1) the
| expressions ``7'' and ``10'', and
| substituting, respectively, the expressions
| ``6'' and ``8''.
| By repealing paragraphs (h) to (o) of section
| 6 (1), and substituting the following
| paragraphs:
| ``(h) To provide the Minister with such
| information and advice as the
| Minister may from time to time
| require:
| ``(i) To carry out such other land
| transport functions and such
| duties, as the Minister may from
| time to time prescribe by notice in
| the Gazette.''
| By repealing subsection (3) of section 8, and
| substituting the following subsection:
| ``(3) Notwithstanding anything in
| subsection (1) of this section, there shall
| be paid out of the Crown Bank Account and
| debited to the Fund---
| ``(a) Such amount as is agreed between
| the Secretary and the collecting
| body as being the expenses
| incidental to the collection of the
| revenues of the Fund; and
| ``(b) The expenses incurred in the
| administration and enforce- ment of
| the Road User Charges Act 1977.''
| By omitting from section 10 (b) (as
| substituted by section 3 of the Transit New
| Zealand Amendment Act 1992) the words
| ``Ministry of Transport'', and substituting
| the words ``Land Transport Authority''.
| By omitting from section 10 (b) (ii) (as so
| substituted) the word ``Ministry'', and
| substituting the words ``Land Transport
| Authority''.
| By omitting from section 18 (1) the words
| ``each year''.
| By inserting in section 25 (2) (as
| substituted by section 6 (1) of the Transit
| New Zealand Amendment Act 1992), after
| paragraph (a), the following paragraph:
| ``(aa) Safety (administration):''.
| By omitting from paragraphs (b), (c), (e),
| and (g) of section 26 (3) (as substituted
| by section 6 (1) of the Transit New Zealand
| Amendment Act 1992) the word ``Secretary''
| wherever it occurs, and substituting in
| each case the words ``Land Transport
| Authority''.
| By omitting from section 26 (5) (a) (as so
| substituted) the word ``Secretary'', and
| substituting the words ``Land Transport
| Authority''.
| By repealing paragraph (e) of section 27A (2)
| (as inserted by section 7 (1) of the
| Transit New Zealand Amendment Act 1992),
| and substituting the following paragraph:
| ``(e) The Land Transport Authority:''.
| By repealing section 28, and substituting the
| following section:
| ``28. Safety (administration)
| programme---(1) The Land Transport
| Authority shall prepare a safety
| (administration) programme for the
| Secretary that shall---
| ``(a) List, in order of priority, the
| projects the Land Transport
| Authority recommends, the estimated
| cost of each project, and the total
| budgeted cost of all safety
| (administration) outputs for that
| year, together with an estimate of
| the revenue to be received by the
| Land Transport Authority, and the
| Police, respectively, from other
| sources applicable to those
| projects; and
| ``(b) State the object or objects to be
| achieved by each project, the
| options considered as being
| available to achieve the object or
| objects, and such evaluation of
| each project and each option as is
| required by the approved national
| land transport programme for the
| time being; and
| ``(c) State the measure by which the
| performance of each project should
| be judged; and
| ``(d) Include a statement of intent
| setting out---
| ``(i) The basis upon which the
| Land Transport Authority will
| evaluate individual projects for
| inclusion in thenet safety
| (administration) pro- gramme; and
| ``(ii) The objectives of the Land
| Transport Authority in respect of
| safety (administra- tion) for the
| next 5 years; and
| ``(iii) The Land Transport
| Authority's assessment of the
| safety (administration) needs and
| the safety (administration) issues
| that are likely to arise during the
| next 5 years and the proposed
| response thereto; and
| ``(iv) The measures by which the
| performance of the Land Transport
| Authority in relation to safety
| (administration) should be judged;
| and
| ``(v) Such other matters as the
| Minister may from time to time
| require; and
| ``(e) Be in such form and contain such
| details as may be prescribed by the
| Minister from time to time.
| ``(2) The Land Transport Authority---
| ``(a) Shall consult the Commissioner
| before including in a safety
| (administration) programme any
| matter under subsection (1) of this
| section; and
| ``(b) Shall have regard to any relevant
| regional land transport strategy
| when recommending any project under
| that subsection; and
| ``(c) Shall, where the Land Transport
| Authority decides not to recommend
| any project,---
| ``(i) So advise in writing the
| regional council or territorial
| authority concerned; and
| ``(ii) Give reasons for its
| decision.
| ``(3) Each year, by a date set by the
| Minister after consultation with the
| Authority and the Commissioner, the
| Secretary shall submit to the Minister and
| copy to the Authority, the Land Transport
| Authority, and the Commissioner---
| ``(a) The safety (administration)
| programme prepared under subsection
| (1) of this section; and
| ``(b) The Secretary's recommendations
| concerning the safety
| (administration) programme for that
| year; and
| ``(c) The Secretary's evaluation of
| safety (administration) needs and
| safety (administration) issues that
| are likely to arise during the next
| 5 years.''
| By inserting in section 29 (6) (as added by
| section 9 (2) of the Transit New Zealand
| Amendment Act 1992), after the word
| ``Secretary'', the words ``, the Land
| Transport Authority,''.
| By repealing paragraph (d) of section 31 (1)
| (as substituted by section 10 of the
| Transit New Zealand Amendment Act 1992),
| and substituting the following paragraph:
| ``(d) The Land Transport Authority;
| and''.
| By omitting from section 31 (4) (as so
| substituted) the word ``Secretary'', and
| substituting the words ``Land Transport
| Authority''.
| By inserting in section 32, after the words
| ``the Commissioner,'' (as inserted by
| section 11 of the Transit New Zealand
| Amendment Act 1992), the words ``the Land
| Transport Authority,''.
| By omitting from section 33 (1) the
| expression ``subsection (2)'', and
| substituting the expression ``subsections
| (1A) and (2)''.
| By inserting in section 33, after subsection
| (1), the following subsection:
| ``(1A) In approving national land
| transport programmes under this section,
| the Minister shall facilitate a rolling
| 3-year planning arrangement by ensuring
| that the total expenditure approved under
| section 29 of this Act for the second year
| in any 3-year cycle is not less than 97
| percent of the total expenditure approved
| under that section for the first year in
| that cycle and total expenditure approved
| under that section for the third year of
| that cycle is not less than 95 percent of
| the total expenditure approved under that
| section for the first year in that cycle.''
|
| By inserting in section 34 (3), before the
| words ``make such amendments'', the words
| ``request the Land Transport Authority
| to''.
| By inserting in section 34 (3), after the
| words ``the Minister and'', the words ``the
| Secretary shall''.
| By inserting in section 34 (3A) (as inserted
| by section 12 of the Transit New Zealand
| Amendment Act 1992), after the word
| ``Commissioner'', the words ``and the Land
| Transport Authority''.
| By repealing subsection (2) of section 37,
| and substituting the following subsection:
| ``(2) Every supplementary safety
| (administration) programme shall, with the
| necessary modifications, be prepared as if
| it were a safety (administration) programme
| under section 28 of this Act, and be in
| such form and contain such details as may
| be prescribed for such a programme by the
| Minister under that section.''
| By omitting from section 39 (1) the word
| ``Secretary'', and substituting the words
| ``Land Transport Authority''.
| By inserting in section 42A (2) (as
| substituted by section 16 of the Transit
| New Zealand Amendment Act 1992), after the
| word ``Secretary'', the words ``, the Land
| Transport Authority,''.
| By inserting in section 42A (3) (as so
| substituted), after the words ``the
| Secretary'', the words ``, the Land
| Transport Authority,''.
| By omitting from section 48 (5) the word
| ``Ministry'', and substituting the words
| ``Land Transport Authority''.
| By omitting from section 50 (4) the word
| ``Ministry'', and substituting the words
| ``Land Transport Authority''.
| By omitting from section 53 (2) the word
| ``Secretary'', and substituting the words
| ``Director of Land Transport Safety''.
| By repealing the definitions of the terms
| ``commercial vessel'', ``exempted
| vehicle'', and ``licensed vehicle'' in
| section 99.
| By repealing sections 100 and 101, and
| substituting the following sections:
| ``100. Apportionment of excise duty---Of
| the money paid into the Crown Bank Account
| as excise duty, after deducting any
| relevant refunds or drawbacks of duties
| under the Customs Act 1966, there shall be
| credited to the Land Transport Fund such
| amounts as may be prescribed for the
| purpose by regulations made under section
| 110 of this Act.
| ``101. Refunds of excise duty---(1)
| Persons using any motor spirits, compressed
| natural gas, or liquefied petroleum gas
| shall be entitled to a refund in respect of
| excise duty and goods and services tax
| charged on the consideration for the supply
| of motor spirits, compressed natural gas,
| or liquefied petroleum gas, to the extent
| that the amount of the excise duty that is
| refunded forms part of the consideration
| for that supply and to the extent specified
| in regulations made under section 110 of
| this Act.
| ``(2) Nothing in this section shall apply
| to any motor spirits, compressed natural
| gas, or liquefied petroleum gas used for
| any purpose declared by regulations made
| under section 110 of this Act to be exempt
| from the provisions of this section.
| ``(3) All refunds of excise duty and
| goods and services tax under regulations
| made under section 110 of this Act shall be
| paid out of the Land Transport Fund to the
| extent specified in such regulations
| without further appropriation than this
| section.
| ``(4) No such refund of excise duty or
| goods and services tax shall be allowed
| unless application is made for that refund
| in accordance with section 102 of this Act.
| ``(5) Where the amount of any refund of
| excise duty and goods and services tax
| provided for in regulations made under
| section 110 of this Act is increased,
| reduced, or varied by any Act or by such
| regulations, refunds of duty or tax paid,
| whether before or after the coming into
| force of that increase, reduction, or
| variation, in satisfaction of a liability
| for such duty or tax incurred before that
| date may be applied for and made as if the
| increase, reduction, or variation was not
| in force.''
| By repealing section 103.
| By repealing the Second Schedule.
1990, No. 99---The | By inserting in section 2, in its appropriate
Transport Accident | alphabetical order, the following
Investigation | definition:
Commission Act 1990 |
| `` `Land Transport Authority' means the
| Land Transport Safety Authority of
| New Zealand established by section 15
| of the Land Transport Act 1993:''.
| By repealing paragraph (f) of section 8 (2),
| and substituting the following paragraph:
| ``(f) Where---
| ``(i) A notification under
| section 27 of the Civil Aviation
| Act 1990; or
| ``(ii) A notification under
| section 39C of the Transport
| Services Licensing Act 1989---
| has not been received, to request from the
| Authority or the Land Transport Authority,
| as the case may be, such further
| information as it considers appropriate
| regarding any accident that the Commission
| believes is required to be investigated
| under section 13 (1) of this Act:''.
| By omitting from section 9 (1) the words ``or
| the Secretary'' (as inserted by section 6
| (1) of the Transport Accident Investigation
| Commission Amendment Act 1992), and
| substituting the words ``or the Land
| Transport Authority''.
| By adding to section 9 the following
| subsection:
| ``(3) The Commission shall make available
| to the Secretary any preliminary report or
| recommendation that has major consequences
| for transport safety.''
| By omitting from section 10 the words ``or
| the Secretary, as the case may require,''
| (as inserted by section 7 of the Transport
| Accident Investigation Commission Amendment
| Act 1992), and substituting the words ``or
| the Land Transport Authority, as the case
| may require,''.
| By omitting from section 13 (5) (as
| substituted by section 9 (1) of the
| Transport Accident Investigation Commission
| Amendment Act 1992) the word ``Secretary'',
| and substituting the words ``Land Transport
| Authority''.
| By omitting from section 14 (3) the words
| ``and the Secretary'' (as inserted by
| section 10 (b) of the Transport Accident
| Investigation Commission Amendment Act
| 1992), and substituting the words ``and the
| Land Transport Authority''.
1992, No. 108---The | By repealing section 25 (2).
Transport Amendment |
Act (No. 3) 1992 |
1992, No. 110---The | By omitting from section 1 (2) the word
Transport (Vehicle and | ``sections'', and substituting the word
Driver Registration | ``provisions''.
and Licensing) |
Amendment Act 1992 |
1992, No. 111---The | By inserting in section 2, after the words
Railway Safety and | ``In this Act,'', the words ``unless the
Corridor Management | context otherwise requires,''.
Act 1992 |
1992, No. 112---The | By repealing section 6 (1).
Transport Accident | By repealing section 7.
Investigation |
Amendment Act 1992 |
1993, No. 28---The | By omitting from the Fifth Schedule the word
Privacy Act 1993 | ``Transport'' wherever it occurs in the
| third column of that Schedule, and
| substituting in each case the words ``Land
| Transport Safety Authority of New
| Zealand''.
| By omitting from the Fifth Schedule the
| heading ``Ministry of Transport Records'',
| and substituting the heading ``Land
| Transport Safety Authority Records''.
| By omitting from the second column of the
| Fifth Schedule the words ``Ministry of
| Transport'' where they occur in the part
| relating to Ministry of Transport Records,
| and substituting the words ``Land Transport
| Safety Authority of New Zealand''.
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