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New Zealand law explained for everyone

Land Transport Act 1998

Enforcement of responsibilities - Dangerous goods

130: Power to inspect railway lines

You could also call this:

"Inspecting Railway Lines for Safety"

Illustration for Land Transport Act 1998

You can expect a dangerous goods enforcement officer to inspect railway lines. They can go onto any premises to check if the rules about dangerous goods are being followed. They have powers given to them by section 132. You might see an officer stop a rail vehicle if they think the rules have been broken. They can tell the driver to keep the vehicle stopped until the problem is fixed. But they cannot stop a moving vehicle. When an officer is doing their job, they must show you their identity and proof they are an officer. They can also bring someone to help them with the inspection. This person has the same powers as the officer. Nothing in this law stops you from staying quiet if you think answering a question might get you in trouble.

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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=DLM435134.

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

"Police can stop and check vehicles carrying dangerous goods to keep everyone safe"

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131: Power to inspect premises used for loading and unloading of dangerous goods, or

"Inspecting places that load and unload dangerous goods to keep everyone safe"

Part 9Enforcement of responsibilities
Dangerous goods

130Power to inspect railway lines

  1. A dangerous goods enforcement officer—

  2. may at any reasonable time go on, into, under, and over any premises for the purpose of inspection to determine whether or not the requirements of the rules relating to dangerous goods are being complied with in relation to a rail vehicle or a railway line; and
    1. for the purposes of this section, has the powers conferred by section 132.

      1. If a dangerous goods enforcement officer has good cause to suspect that, in respect of a rail vehicle or the driver of a rail vehicle, there has been a breach of the rules, the enforcement officer may, by direction given to the driver or person in charge of the vehicle, direct that—

      2. the vehicle not be moved; or
        1. the vehicle be moved to a place of safety approved by the enforcement officer in consultation with the rail operator and kept stopped at that place—
            1. until the enforcement officer is satisfied that the breach has been rectified.

          1. Nothing in subsection (2) authorises a dangerous goods enforcement officer to—

          2. stop a rail vehicle in motion; or
            1. direct that a vehicle not be moved if it would be unsafe or unnecessarily disruptive for the vehicle to remain in that place.

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

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

                  1. 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 animal onto the premises to assist the officer with an inspection, and a person assisting the officer has the powers conferred on a dangerous goods enforcement officer by this section.

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

                  Compare
                  Notes
                  • Section 130 heading: amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                  • Section 130(1)(a): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                  • Section 130(2): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                  • Section 130(2)(b): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                  • Section 130(3)(a): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                  • Section 130(5): amended, on , by section 105 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).