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New Zealand law explained for everyone

Land Transport Act 1998

Enforcement of responsibilities - Dangerous goods

129: Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules

You could also call this:

“Officers can stop and check vehicles if they think dangerous goods rules are being broken”

If an enforcement officer or dangerous goods enforcement officer thinks you might be breaking rules about carrying dangerous goods in your vehicle, they can tell you to stop your vehicle or keep it stopped. They have special powers to do this.

The officer can tell you to keep your vehicle stopped or move it to a safe place until they are sure you have fixed the problem.

The officer can also give you instructions about loading or unloading your vehicle, or packing and unpacking things, to make sure you follow the rules and stay safe when transporting dangerous goods.

When an officer uses these powers, they must show you proof that they are an officer and who they are if you ask.

Sometimes, an officer might bring a person or an animal to help with the inspection. This helper has the same powers as the officer.

You don’t have to say anything that might get you in trouble. This is called the privilege against self-incrimination.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435132.

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128F: Powers of enforcement officers in relation to public transport service fares, or

"Officers can check if you paid for your bus or train ride"

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130: Power to inspect railway lines, or

"Officers can check trains and tracks to keep dangerous goods safe"

Part 9 Enforcement of responsibilities
Dangerous goods

129Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules

  1. An enforcement officer or dangerous goods enforcement officer who has good cause to suspect a breach of rules relating to the carriage of dangerous goods involving a vehicle—

  2. may direct the driver or person in charge of the vehicle to stop the vehicle or that the vehicle remain stopped; and
    1. for the purposes of this subsection, has the powers conferred by section 132.

      1. An enforcement officer or dangerous goods enforcement officer may also direct that—

      2. the vehicle be kept stopped; or
        1. the vehicle be moved to a place of safety approved by the officer and remain stopped at that place—
            1. until the officer is satisfied that the breach has been rectified.

          1. An enforcement officer or a dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of the vehicle or the packing or unpacking of any thing to ensure compliance with the rules or otherwise to ensure safety in relation to the transportation of dangerous goods.

          2. Every enforcement officer or dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—

          3. evidence of that person's appointment as an officer; and
            1. evidence of that person's identity.

              1. An enforcement officer or a dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director or the Commissioner, take a person or an animal to assist the officer with an inspection, and a person assisting the officer has the powers conferred on an officer by this section.

              2. Nothing in this section limits or affects the privilege against self incrimination.

              Compare
              Notes
              • Section 129(1): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
              • Section 129(2A): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2B): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2C): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2C): amended, on , by section 104 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).