Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Transport services licensing - Adverse decisions

30W: Director to notify proposal to make adverse decision

You could also call this:

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

If the Director thinks about making a decision that might be bad for you, they need to tell you about it in writing. They will explain why they’re thinking of making this decision and give you a chance to tell them what you think. They’ll tell you when you need to give them your thoughts, which will be at least 21 days after they tell you about their plan.

The Director will also tell you when the decision might start, which won’t be sooner than 28 days after they let you know. They’ll explain that you can appeal their decision if you don’t agree with it.

The Director might need to tell other people about their plan too. If the decision is based on someone else’s character, or if it might really affect another licence holder’s work, the Director will tell those people as well.

The Director can’t share certain private information when they tell you or others about their plan, unless the person the information is about says it’s okay.

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 It might be out of date or be missing some parts.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=DLM434617.

Previous

30V: Interpretation, or

"Explaining important words about transport service licences"

Next

30X: Procedure for consideration of information, or

"How to respond when you get a notice about a decision that might affect you"

Part 4A Transport 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).