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Land Transport Act 1998

Transport services licensing - Adverse decisions

30V: Interpretation

You could also call this:

"What special words mean in the Land Transport Act"

Illustration for Land Transport Act 1998

When you read sections 30W to 30Y, you need to know what some words mean. An adverse decision is a decision made by the Director that you are not a fit and proper person, or they refuse to give you a transport service licence, or they give you a licence with conditions. The Director can also make an adverse decision to take away your transport service licence, or to stop you from using it for a while, or to add conditions to it. You are an affected licence holder if the Director makes an adverse decision about you, and you have a transport service licence or you are applying for one. The person directly affected by an adverse decision is the person who can appeal against it under section 106. The person on the basis of whose character the adverse decision arises is the person the Director thinks is not a fit and proper person. The Director makes decisions about transport service licences, and these decisions can affect you. If you are directly affected by an adverse decision, you have the right to appeal. The Director's decisions are based on whether they think you are a fit and proper person to have a transport service licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434616.

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Part 4ATransport services licensing
Adverse decisions

30VInterpretation

  1. In sections 30W to 30Y, unless the context otherwise requires,—

    adverse decision means any decision of the Director—

    1. that a person is not a fit and proper person under subpart 2; or
      1. to refuse to grant a transport service licence under section 30L; or
        1. to grant a licence on conditions under section 30M; or
          1. to revoke a transport service licence under section 30S; or
            1. to suspend or impose conditions on a transport service licence under section 30U; or
              1. to disqualify—
                1. a transport service driver under section 87A; or
                  1. a transport service licence holder or person in control of a transport service under section 87B

                  affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control, whether as a driver or otherwise

                    person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision

                      person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Director assesses as not being a fit and proper person.

                      Compare
                      Notes
                      • Section 30V: inserted, on , by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 30V adverse decision: replaced, on , by section 73(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 30V adverse decision: amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                      • Section 30V adverse decision paragraph (e): amended, on , by section 54 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                      • Section 30V affected licence holder: amended, on , by section 73(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 30V person on the basis of whose character the adverse decision arises: amended, on , by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).