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Land Transport Act 1998

Land transport secondary legislation - General provisions concerning making of rules

164: Matters to have regard to when making or recommending rules

You could also call this:

“Things to think about when making rules for safe travel on roads”

When the Minister or the Agency makes rules about land transport, they need to think about several important things. They consider how risky each activity or service might be for land transport safety. They look at what kind of activity or service the rule is for. They also think about how safe land transport is in New Zealand overall.

The Minister and Agency want to make sure land transport is safe and secure. This includes keeping people safe. They also think about how to manage roads and other transport structures properly. This means looking at how vehicles affect these structures and whether using them costs more than the benefits they provide.

When making rules, they consider if the new rule will help the economy grow, make it easier for people to move around, keep people healthy, and protect the environment. They also think about how much it will cost to put the new rule into action.

The Minister and Agency also look at New Zealand’s promises to other countries about land transport safety. They consider what’s happening in other countries regarding land transport safety. Finally, they can think about any other things they believe are important when making these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435400.

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Part 11 Land transport secondary legislation
General provisions concerning making of rules

164Matters to have regard to when making or recommending rules

  1. Repealed

  2. The Minister in making or recommending a rule, or the Agency in making a rule, must have regard to, and give such weight as the Minister or the Agency (as the case may be) considers appropriate in each case to, the following:

  3. the level of risk existing to land transport safety in each proposed activity or service:
    1. the nature of the particular activity or service for which the rule is being established:
      1. the level of risk existing to land transport safety in New Zealand in general:
        1. the need to maintain and improve land transport safety and security, including (but not limited to) personal security:
          1. the appropriate management of infrastructure, including (but not limited to)—
            1. the impact of vehicles on infrastructure; and
              1. whether the costs of the use of the infrastructure are greater than the economic value generated by its use:
              2. whether the proposed rule—
                1. assists economic development:
                  1. improves access and mobility:
                    1. protects and promotes public health:
                      1. ensures environmental sustainability:
                      2. the costs of implementing measures for which the rule is being proposed:
                        1. New Zealand's international obligations concerning land transport safety:
                          1. the international circumstances in respect of land transport safety:
                            1. such other matters as the Minister (in the case of ordinary rules) or the Agency (in the case of emergency rules) considers appropriate in the circumstances.

                              Notes
                              • Section 164 heading: amended, on , by section 85(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 164(1): repealed, on , by section 85(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 164(2): amended, on , by section 85(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 164(2)(d): substituted, on , by section 5 of the Land Transport Amendment Act 2004 (2004 No 96).
                              • Section 164(2)(da): inserted, on , by section 58 of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 164(2)(e): substituted, on , by section 5 of the Land Transport Amendment Act 2004 (2004 No 96).
                              • Section 164(2)(ea): inserted, on , by section 5 of the Land Transport Amendment Act 2004 (2004 No 96).
                              • Section 164(2)(eb): inserted, on , by section 85(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                              • Section 164(2)(g): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).