Land Transport Act 1998

Transport services licensing - Adverse decisions

30W: Director to notify proposal to make adverse decision

You could also call this:

"The Director must inform you in writing if they plan to make a decision that affects you."

Illustration for Land Transport Act 1998

If the Director wants to make a decision that affects you, they must tell you in writing. They must explain why they want to make this decision and give you time to respond. You have the right to appeal the decision under section 106 if the Director decides to go ahead with it. The Director must also tell you the date by which you can give them your thoughts on the decision. This date must be at least 21 days after they tell you about the decision. They may also tell you when the decision will take effect if they decide to go ahead with it. The Director may give a copy of the notice to other people, like someone whose character is the reason for the decision. They may also give a copy to a licence holder who will be affected by the decision. However, they cannot include certain information in the notice, unless it is about the person getting the notice or that person says it is okay to share. You can find more information about what the Director can and cannot do in section 30H. The Director must follow the rules when giving you notice of a decision that affects you. They must make sure you have enough time to respond and that you know your rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434617.

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Part 4ATransport services licensing
Adverse decisions

30WDirector to notify proposal to make adverse decision

  1. If the Director proposes to make an adverse decision under this Part in respect of any person, the Director must, by notice in writing,—

  2. notify the person directly affected of the proposed decision; and
    1. subject to subsection (3), inform that person of the grounds for the proposed decision; and
      1. specify a date by which submissions may be made to the Director in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and
        1. if appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and
          1. notify the person of the person's right of appeal under section 106, in the event of the Director proceeding with the proposed decision; and
            1. specify such other matters as in any particular case may be required by this Act or any other Act.
              1. If the Director gives a notice under subsection (1), the Director

              2. must also supply a copy of the notice to—
                1. any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:
                  1. any affected licence holder, if the Director considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:
                  2. may supply a copy of the notice to any other affected licence holder.
                    1. No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—

                    2. the notice or copy is supplied to the person to whom the information relates; or
                      1. that person consents to the supply of that information to any other person.
                        Compare
                        Notes
                        • Section 30W: inserted, on , by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 30W heading: amended, on , by section 55(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(1): amended, on , by section 55(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(1)(c): amended, on , by section 55(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(1)(d): amended, on , by section 55(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(1)(e): amended, on , by section 55(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(2): amended, on , by section 55(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 30W(2)(a)(ii): amended, on , by section 55(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).