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Land Transport Act 1998

Proceedings enforcing responsibilities - Commencement of proceedings

135: Commencing proceedings, and jurisdiction, for offences

You could also call this:

“Starting and handling legal cases for breaking certain driving rules”

If you break a rule in Parts 6A or 6B of the Land Transport Act, the Director or an enforcement officer can start legal action against you. Unless someone can prove otherwise, it’s assumed that the person starting the legal action is allowed to do so.

The District Court, with two or more Justices of the Peace or one or more Community Magistrates, can handle cases for less serious offences under Parts 5 or 6 of the Act. This also applies to offences under rules made because of this Act, except for rules about big, heavy vehicles.

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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=DLM435149.

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134: Strict liability for offences involving insecure loads and loads falling from vehicles, or

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136: Time for instituting proceedings, or

"When the court can start legal action against you for breaking road rules"

Part 10 Proceedings enforcing responsibilities
Commencement of proceedings

135Commencing proceedings, and jurisdiction, for offences

  1. Repealed

  2. Proceedings for an offence against Part 6A or 6B must be commenced by the Director or an enforcement officer.

  3. In the absence of proof to the contrary, it is presumed that proceedings for an offence against Part 6A or 6B have been commenced by a person authorised to do so under subsection (1A).

  4. The District Court presided over by 2 or more Justices of the Peace or 1 or more Community Magistrates has jurisdiction in respect of any category 1 offence under Part 5 or Part 6, or under any regulations made under this Act (other than regulations relating to heavy motor vehicles).

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Notes
  • Section 135 heading: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 135(1): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 135(1A): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 135(1A): amended, on , by section 108 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 135(1B): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 135(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 135(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).