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Land Transport Act 1998

Land transport secondary legislation - Emergency rules

162: Agency may make emergency rules

You could also call this:

“Transport Agency can make quick rules to keep people safe in emergencies”

The Agency can make emergency rules to prevent people from dying or getting badly hurt, or to stop property from being damaged. They can only do this when it’s not possible for the Minister to make regular rules quickly enough to deal with the danger.

The Minister can cancel any emergency rules the Agency makes. These emergency rules and any cancellations are considered secondary legislation, which means they have to follow certain rules about how they’re published.

Sometimes, for safety reasons, it might not be safe or appropriate to publish these emergency rules right away. In these cases, the Agency will give the rules directly to the people they think need to know about them. These rules only apply to the people who receive them, and they start working as soon as the person gets them, even if they haven’t been published yet.

The Agency can choose how they want to give these rules to people. They can do it in any way they think is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435197.

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Part 11 Land 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).