269Regulations

1. The Governor-General may, by Order in Council, make regulations—

2. providing for—
   1. the licensing and registration of motor vehicles, including (but not limited to)—
      1. the requirements for eligibility:
      2. cancellation:
      3. correction of errors or inaccuracies:
      4. cases where particulars need not be recorded on the register:
   2. the provision (at the request of the Registrar or otherwise) of relevant information, documents, or evidence, including (but not limited to)—
      1. a statutory declaration by the person to be registered in respect of a motor vehicle that the person is the owner of the motor vehicle:
      2. evidence of a person's identity (such as a driver licence):
      3. the certificate of registration for a motor vehicle:
      4. a statutory declaration by an appropriate person explaining the circumstances in which a certificate, licence, or plate was lost, stolen, damaged, or destroyed:
      5. a statutory declaration by the person applying for supplementary plates that states the intended use of the supplementary plates:
      6. evidence, from a person authorised by the Registrar, that a vehicle subject to a registration application belongs to a particular class of vehicle and that it complies with the standards applicable to that class:
   3. the manufacture, issuing, cancellation, refusal to issue, or surrender of registration plates:
   4. the manufacture or production (including electronic production), issuing, cancellation, refusal to issue, or surrender of licences:
   5. the refusal to allocate numbers, letters, or combinations of numbers or letters for use on personalised plates:
3. exempting, or authorising the Registrar to exempt, a motor vehicle or person, or a specified category or class of motor vehicles or persons, from—
   1. any specified requirements of this Part or of regulations made under this Part:
   2. any prescribed fees:
4. imposing, or authorising the Registrar to impose, conditions in respect of—
   1. the use of licences or registration plates:
   2. the operation of a registered motor vehicle on a road:
   3. any matter provided for in regulations made under this Part:
5. making provision, or authorising the Registrar to make provision, for applications or notifications permitted or required by this Part (for example, about their form and content or the manner of their delivery):
6. prescribing the registration requirements and particulars that the seller and acquirer of a motor vehicle must meet and supply, and the functions of the Registrar if there is a change in the ownership of a registered motor vehicle:
7. permitting, or authorising the Registrar to permit, a change of registered person in a case where more than 1 person owns a motor vehicle and the joint owners wish to change which of them is the registered person:
8. prescribing, or authorising the Registrar to prescribe, the form of certificates of registration or other forms required for the purposes of this Part:
9. prescribing, or authorising the Registrar to prescribe, in relation to registration plates,—
   1. the form, colour, and material of registration plates; and
   2. the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on registration plates; and
   3. the means to make registration plates easily visible; and
   4. the number of registration plates to be displayed and the position and manner in which they are to be displayed; and
   5. the eligibility requirements for registration plates; and
   6. the duration of registration plates:
10. prescribing, or authorising the Registrar to prescribe, in relation to licences,—
    1. the form (including electronic form), colour, and material and design of licences; and
    2. the size, shape, and character of the numbers, letters, messages, symbols, distinguishing marks, or slogans to be shown on licences; and
    3. the means to make licences easily visible or electronically accessible; and
    4. the number of licences to be displayed and the position and manner (which may include electronic manner) in which licences are to be displayed; and
    5. the eligibility requirements for licences and licence labels; and
    6. the duration of licences:
11. specifying the circumstances and conditions in which personalised plates may be sold or otherwise transferred:
12. authorising the Registrar to enter the particulars of a change of ownership of a motor vehicle under section 247 or of personalised plates or of trade plates on the register, even if a party has failed to comply with the requirements of section 247 or any regulations made under this Part, and prescribing the circumstances in which such particulars may be entered:
13. specifying offences for the purposes of this Part:
14. specifying infringement offences for the purposes of this Part:
15. setting out defences to any offences specified under paragraph (k) or (l):
16. setting out the maximum penalty for each offence specified under paragraph (k), which,—
    1. in the case of an individual, may be a fine not exceeding $10,000; and
    2. in the case of a body corporate, may be a fine not exceeding $50,000:
17. setting the infringement fee for each offence specified under paragraph (l), which,—
    1. in the case of an individual, may not exceed $2,000; and
    2. in the case of a body corporate, may not exceed $10,000:
18. prescribing fees or charges payable in respect of—
    1. any application made, or other matter undertaken, under this Part:
    2. any transfer of personalised plates:
19. prescribing fees or charges to cover the costs of—
    1. providing information from, or administrative services related to, the register:
    2. producing and issuing licences and registration plates:
    3. replacement certificates, licences, or registration plates:
20. identifying those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003:
21. providing for unpaid fees and charges to be recoverable as a debt due to the Crown:
22. setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle:
23. providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.

24. Without limiting the generality of subsection (1), regulations may—

25. define a class of motor vehicles by reference to—
    1. the actual or intended motor vehicle usage:
    2. ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Registrar:
    3. loss of possession or control, whether because of theft or another specified reason:
26. provide that if a registered person applies for an exemption from the requirement in section 242(2) later than 60 days after the expiry of the latest licence issued for the relevant motor vehicle, the person is liable to pay the proportion of the annual licence fee for that motor vehicle for the period—
    1. commencing on the day after the date of expiry of the former licence; and
    2. ending on the close of the day immediately before the date when the application for an exemption is lodged:
27. authorise the Registrar to grant an exemption from any requirements or prescribed fees referred to in subsection (1)(b) if the Registrar is satisfied that for any reason the motor vehicle to which the application relates will not be operated on a road while the exemption has effect:
28. provide that exemptions referred to in subsection (1)(b) have effect, in each case, for the period that the Registrar thinks fit, unless any limitations are imposed by the regulations made under this Part:
29. provide that exemptions from the requirements in section 242(1) or (2) have no effect while a motor vehicle is being operated on a road, even if the exemption is conferred by or under the regulations made under this Part:
30. provide for the renewal or revocation of exemptions referred to in subsection (1)(b) that are granted by the Registrar:
31. prescribe specific types of numbers, letters, or distinguishing marks for specified classes of motor vehicles, or for motor vehicles operated by persons holding specified office or by persons, governments, or organisations with a specified status, immunity, or privilege:
32. prescribe higher fees, if the costs warrant, for the production and issuing of any kind of licence or registration plate.

33. Section 168 applies to regulations made under subsection (1)(p) or (q) of this section as it applies to regulations made under section 167(1)(j).

34. Without limiting the generality of subsection (3), the following are exempt from any fee or charge payable under this Part for the supply of information from the register of motor vehicles:

35. the New Zealand Police:
36. a statutory entity (within the meaning of the Crown Entities Act 2004):
37. a public service agency as defined in section 5 of the Public Service Act 2020.

38. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

39. If the regulations authorise the Registrar to exercise a power under subsection (1)(b), (c), (h), or (ha) (other than a power that relates only to 1 or more individually identified motor vehicles or named persons),—

40. the instrument by which the Registrar exercises the power is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
41. the regulations must contain a statement to that effect.

42. Any regulations that prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 in accordance with subsection (1)(r) must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

Compare

• s 35A

Notes

• Section 269: added, on 29 June 2009, by section 32(16) of the Land Transport Amendment Act 2009 (2009 No 17).
• Section 269(1)(a)(iii): replaced, on 11 August 2017, by section 101(1) of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 269(1)(a)(iiia): inserted, on 11 August 2017, by section 101(1) of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 269(1)(h): replaced, on 11 August 2017, by section 101(2) of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 269(1)(ha): inserted, on 11 August 2017, by section 101(2) of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 269(1)(sa): inserted, on 1 December 2009, by section 36 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
• Section 269(4)(c): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
• Section 269(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 269(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 269(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).