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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 Consider When Making Road Rules"

Illustration for Land Transport Act 1998

When making or recommending rules, you must think about some important things. You need to consider the level of risk to land transport safety in each activity or service. You also need to think about the type of activity or service and how it affects land transport safety in New Zealand. You must consider the need to keep people safe and secure when using land transport. This includes thinking about how to manage roads and other infrastructure, like the impact of vehicles on roads. You also need to think about whether the costs of using the infrastructure are more than the benefits it provides. You need to consider whether a new rule will help the economy, improve access to places, keep people healthy, and protect the environment. You must also think about the costs of implementing a new rule and New Zealand's international obligations regarding land transport safety. You should consider what is happening internationally with land transport safety and any other important matters.

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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 11Land 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 Repealed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).