Land Transport Act 1998

Land transport secondary legislation

159: Rules concerning land transport documents

You could also call this:

"Rules for Getting and Using Land Transport Documents"

Illustration for Land Transport Act 1998

You must follow rules about land transport documents. The Director can make rules that say who needs these documents. This includes people who drive vehicles, import vehicles, or provide transport services. You need a land transport document to do certain jobs, like driving instruction. The Director must be satisfied you are a fit and proper person to hold this document. The rules say how to apply for and use these documents. The Director can issue, change, or cancel land transport documents. They can also decide how long a document is valid and what conditions apply. You can find more information about publication requirements in the Legislation Act 2019. The rules about land transport documents are part of the land transport system, but they do not apply to the rail transport system. The Director can make different rules for different types of documents and people. You can read about the rules in the Land Transport Act 1998, section 152, and section 172(1).

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Part 11Land transport secondary legislation

159Rules concerning land transport documents

  1. Without limiting the general power to make rules under section 152, ordinary rules may require that a land transport document be held by or in respect of all or any of the following:

  2. vehicles:
    1. vehicle importers (as defined in section 172(1)):
      1. road users:
        1. transport service operators:
          1. transport services:
            1. land transport education, training, testing, and licensing organisations:
              1. vehicle inspectors and inspecting organisations:
                1. vehicle design and construction organisations:
                  1. road controlling authorities:
                    1. any other person who provides services in the land transport system (other than the rail transport system), and any vehicles, land transport related services, facilities, and equipment operated in support of the land transport system (other than the rail transport system), or classes of such persons, vehicles, land transport related services, facilities, and equipment operated in support of the land transport system (other than the rail transport system).
                      1. The rules may set out the requirements, standards, and application procedure for each land transport document, and the maximum period for which each document may be issued or recognised (as the case may be).

                      2. The rules may require a person who applies for or holds a land transport document that is required for the provision of a service that involves contact with the public (such as driving instruction or driver testing) to satisfy the Director that the person is a fit and proper person to hold that document, and—

                      3. specify which of the criteria set out in subpart 2 of Part 4A are to be applied in determining whether a person is a fit and proper person:
                        1. set out different fit and proper person assessments for different classes of land transport documents, applicants, or holders.
                          1. The rules may provide for the issue, endorsement, alteration, replacement, renewal, surrender, expiry, suspension, and revocation of land transport documents.

                          2. Subject to the rules, a land transport document may be issued or a document may be recognised as a land transport document, as the case may be, by the Director for such period and subject to such conditions as the Director considers appropriate in each particular case.

                          3. Ordinary rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Compare
                          Notes
                          • Section 159(1)(aa): inserted, on , by section 7 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).
                          • Section 159(1)(i): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
                          • Section 159(3): amended, on , by section 115(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 159(3)(a): amended, on , by section 77 of the Land Transport Amendment Act 2005 (2005 No 77).
                          • Section 159(5): amended, on , by section 115(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                          • Section 159(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).