Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Transport services licensing - Adverse decisions

30V: Interpretation

You could also call this:

“Explaining important words about transport service licences”

In sections 30W to 30Y, there are some important words you need to know about transport services licensing.

An ‘adverse decision’ is when the Director decides something that’s not good for you. This could be saying you’re not fit to do the job, not giving you a licence, giving you a licence with special rules, taking away your licence, stopping your licence for a while, or saying you can’t be a driver or run a transport service.

An ‘affected licence holder’ is someone who has or wants a transport service licence and is affected by an adverse decision.

A ‘person directly affected’ is someone who can appeal against an adverse decision.

The ‘person on the basis of whose character the adverse decision arises’ is someone the Director thinks isn’t fit to do the job, which leads to the adverse decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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

Previous

30U: Suspension of transport service licence or imposition of conditions, or

"Rules for changing or stopping your transport service licence"

Next

30W: Director to notify proposal to make adverse decision, or

"Director must tell you if they plan to make a decision that could affect you badly"

Part 4A Transport 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).