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Land Transport Act 1998

Transport services licensing - Fit and proper person test - Assessment criteria

30C: General safety criteria

You could also call this:

"What makes a transport service provider safe for the public?"

Illustration for Land Transport Act 1998

When the Director checks if you are a fit and proper person to provide a transport service, they think about things that affect public safety. They also think about things that might protect the public from serious or organised crime. The Director looks at your history to make this decision. The Director considers many things, including your criminal history and any transport-related offences. They also look at any complaints about your transport service and if you have paid your fines. The Director can think about any other matters they believe are important for public safety. If you have been convicted of a crime, the Director can consider this when deciding if you are fit and proper. They can also think about any charges against you that might affect public safety. The Director can look at any other information they think is relevant to their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434593.

Topics:
Transport and travel > Public transportCrime and justice > Police and safety
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"Braille ID information for transport services is no longer required"

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"Extra rules for some transport services"

Part 4ATransport services licensing
Fit and proper person test: Assessment criteria

30CGeneral safety criteria

  1. When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director must consider, in particular, any matter that the Director considers should be taken into account—

  2. in the interests of public safety; or
    1. to ensure that the public is protected from serious or organised criminal activity.

      1. For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider, and may give any relative weight that the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:

      2. the person's criminal history (if any):
        1. any offending by the person in respect of transport-related offences (including any infringement offences):
          1. any history of serious behavioural problems:
            1. any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
              1. any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
                1. any other matter that the Director considers it is appropriate in the public interest to take into account.

                  1. In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Director may consider—

                  2. any conviction for an offence, whether or not—
                    1. the conviction was in a New Zealand court; or
                      1. the offence was committed before the commencement of this Part or corresponding former enactment; or
                        1. the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
                        2. the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.

                          1. Despite subsection (3), the Director may take into account any other matters and evidence as the Director considers relevant.

                          Compare
                          Notes
                          • Section 30C: inserted, on (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
                          • Section 30C(1): amended, on , by section 40(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(2): amended, on , by section 40(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(2)(f): amended, on , by section 40(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(3): amended, on , by section 40(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 30C(4): amended, on , by section 40(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).