Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Land transport secondary legislation - Emergency rules

162: Agency may make emergency rules

You could also call this:

"The Agency can make special emergency rules to keep people safe."

Illustration for Land Transport Act 1998

The Agency can make emergency rules to stop people getting hurt or property getting damaged. You need to know the Agency can only make these rules if it is not practical for the Minister to make ordinary rules. The Minister can cancel any emergency rules made by the Agency. The Agency must follow certain rules when making emergency rules, as outlined in the Legislation Act 2019. If the Agency makes an emergency rule, it must tell the people it affects, if it is not safe to tell everyone at once. The rule only applies to the people who are told about it, and it starts as soon as they are told. The Agency can tell people about the emergency rule in any way they think is appropriate. This is so the Agency can keep people safe when they make emergency rules. You can find more information about how the Agency makes emergency rules in section 163.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM435197.

Topics:
Government and voting > Emergency managementCrime and justice > Police and safety
Previous

161: Procedure concerning ordinary rules, or

"How the Minister makes new rules about land transport"

Next

163: Procedure for making emergency rules, or

"How the government makes quick rules for transport emergencies"

Part 11Land transport secondary legislation
Emergency rules

162Agency may make emergency rules

  1. The Agency may from time to time, in accordance with section 163, make such emergency rules as may be necessary to alleviate or minimise any risk of the death of or a serious injury to a person, or of damage to property.

  2. The Agency may not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules, or recommend that ordinary rules be made, to effectively alleviate or minimise the risk concerned.

  3. The Minister may revoke any emergency rule made under subsection (1).

  4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

  5. emergency rules under subsection (1):
    1. a revocation under subsection (3).

      1. If, for reasons of safety, it is impracticable or inappropriate to publish immediately an emergency rule or revocation under that Act, the Agency must serve a copy of it on the persons (if any) whom the Agency considers appropriate.

      2. An emergency rule or revocation to which subsection (5) applies—

      3. has effect only in relation to a person on whom it is served under subsection (5); and
        1. comes into force in relation to that person immediately after it is served on the person (even if it is not yet published).

          1. Service under subsection (5) may be effected in any way the Agency considers appropriate.

          Notes
          • Section 162 heading: amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 162(1): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 162(2): amended, on , by section 84 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 162(2): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
          • Section 162(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 162(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 162(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 162(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 162(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).