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Land Transport Act 1998

Enforcement of responsibilities - Dangerous goods

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

You could also call this:

“Officers can check places where dangerous goods are loaded or unloaded”

You have the right to know about the powers of dangerous goods enforcement officers. These officers can inspect places where dangerous goods are loaded or unloaded from vehicles or trains. They can do this to make sure everyone follows the rules and keeps dangerous goods safe during transport.

The officers can go into these places at any reasonable time. They can inspect areas where transport companies load or unload their vehicles or trains. They can also check places where other people load or unload goods if they think some of those goods might be dangerous.

These officers can tell people what to do to make sure the loading, unloading, packing, or unpacking of goods is done safely and follows the rules.

When an officer comes to inspect, they must show you proof that they are an officer and who they are if you ask.

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

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

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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=DLM435139.

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Part 9 Enforcement of responsibilities
Dangerous goods

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

  1. A dangerous goods enforcement officer—

  2. may, at any reasonable time, go into, under, and over—for the purpose of inspection to ensure that all persons involved in the transport of dangerous goods comply with the requirements of the rules and otherwise to ensure the safe transportation of dangerous goods; and
    1. any premises on or at or in which the operator of a transport service vehicle loads or unloads the vehicle or a rail operator loads or unloads a rail vehicle; or
      1. any premises on or at or in which goods are loaded onto or unloaded from a transport service vehicle or a rail vehicle, or are packed with a view to being loaded onto a transport service vehicle or a rail vehicle, by a person other than the operator of the vehicle, if the dangerous goods enforcement officer has reason to believe that any of those goods may be dangerous goods—
      2. for the purposes of this section, has the powers conferred by section 132.

        1. A dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of a vehicle or rail 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 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 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 131(1)(a)(i): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
            • Section 131(1)(a)(ii): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
            • Section 131(2): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
            • Section 131(4): amended, on , by section 106 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).