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Land Transport Act 1998

Land transport secondary legislation

160: Other provisions concerning ordinary rules

You could also call this:

“Rules for different transport situations and how they work”

Ordinary rules can be applied to different types of people, vehicles, or transport services. They can cover all of New Zealand or just parts of it. The Minister can decide when a rule starts to apply.

These rules can do many things. They can ask the Agency, the Director, or others to make decisions or approve things. They can give power to set requirements for activities. The rules can set standards and procedures, put limits on things, define terms, and create forms and documents.

Ordinary rules can use parts of other transport laws, with some changes if needed. If a local rule doesn’t match an ordinary rule, the ordinary rule is the one that counts.

The Minister is the only one who can make ordinary rules. They can’t give this job to anyone else.

When the Minister decides to start applying a rule that was on hold, they have to follow special steps to let people know about it.

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Part 11 Land transport secondary legislation

160Other provisions concerning ordinary rules

  1. An ordinary rule may apply generally or to different classes of person, vehicle, or land transport related service, or to the same class of person, vehicle, or land transport related service in different circumstances.

  2. An ordinary rule may apply generally throughout New Zealand or within a specified part or parts of New Zealand.

  3. The commencement of an ordinary rule may be wholly suspended until it is applied by the Minister, by notice (see subsection (9)).

  4. An ordinary rule may—

  5. require or provide for a matter to be determined, undertaken, or approved by the Agency, the Director, or any other person:
    1. empower the Agency, the Director, or any other person to impose requirements or conditions as to the performance of activities:
      1. specify standards, procedures, and requirements for the purposes of the rules:
        1. impose conditions, restrictions, and prohibitions:
          1. specify the definitions, abbreviations, and units of measurement to apply within the land transport system:
            1. prescribe, or provide for the approval of, forms, documents, and records for the purposes of the rules:
              1. make transitional and savings provisions for the purposes of implementing any rule; and for the purposes of determining the expiry date of licences under section 23(4).

                1. An ordinary rule may incorporate or apply, with any necessary modifications, a regulation or order or notice made or given under the Transport Act 1962 or Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17.

                2. Repealed

                3. If a bylaw of a local authority is inconsistent with or repugnant to any ordinary rules in force in the same locality, the rules override the bylaws.

                4. Despite clause 5 of Schedule 6 of the Public Service Act 2020, the Minister may not delegate his or her power to make ordinary rules under this Act.

                5. A notice under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 160(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 160(4)(a): replaced, on , by section 117 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 160(4)(aa): inserted, on , by section 117 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 160(5): amended, on , by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                • Section 160(6): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 160(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                • Section 160(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).