PART II
RULES
4. Power of Minister to make ordinary rules---(1) The Minister may
from time to time make rules (in this Act called ordinary rules) for all
or any of the following purposes:
(a) Safety and licensing, including technical requirements and
standards, for the land transport sector:
(b) Any matter related or reasonably incidental to any of the
following:
(i) The Authority's functions under section 17 of this Act:
(ii) The Director's functions under section 24 of this Act:
(c) Any other matter contemplated by any provision of this Act.
(2) Any ordinary rule may apply generally or with respect to different
classes of vehicle, or land transport related services, or with respect
to the same class of vehicle or land transport related service in
different circumstances.
(3) Any ordinary rule may apply generally throughout New Zealand or
within any specified part or parts of New Zealand.
(4) The commencement of any ordinary rule may be wholly suspended
until it is applied by the Minister by notice in the Gazette.
(5) No ordinary rule shall be invalid because it confers any
discretion upon or allows any matter to be determined or approved by the
Authority or Director or any other person, or allows the Authority or
Director or any other person to impose requirements as to the
performance of any activities.
(6) No breach of any ordinary rule shall constitute an offence against
this Act unless that offence is prescribed in regulations made under
this Act.
(7) Every ordinary rule is hereby deemed to be a regulation for the
purposes of the Regulations (Disallowance) Act 1989, but shall not be a
regulation or an instrument for the purposes of the Acts and Regulations
Publication Act 1989.
(8) So far as the bylaws of any local authority are inconsistent with
or repugnant to any ordinary rules made under this Act in force in the
same locality, the bylaws shall be construed subject to the rules.
(9) Notwithstanding section 28 of the State Sector Act 1988, the
Minister shall not delegate his or her power to make ordinary rules
under this Act.