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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:

“Officers can check trains and tracks to keep dangerous goods safe”

You should know that a special officer called a dangerous goods enforcement officer can check railway lines and vehicles to make sure they’re following the rules about dangerous goods. They can do this at any reasonable time.

These officers have special powers to help them do their job. If they think a rail vehicle or its driver has broken the rules, they can tell the driver to stop the vehicle or move it to a safe place until the problem is fixed.

However, these officers can’t stop a moving train or tell someone not to move a vehicle if it would be unsafe or cause too much trouble to leave it where it is.

When these officers are doing their job, they must show proof that they are who they say they are. They can also bring other people or animals to help them if they have permission.

It’s important to know that you don’t have to say anything that might get you in trouble when these officers are checking things.

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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

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

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

"Officers can check places where dangerous goods are loaded or unloaded"

Part 9 Enforcement 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).