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Land Transport Act 1998

Miscellaneous provisions

208: Appointment of enforcement officers and dangerous goods enforcement officers

You could also call this:

“Police and transport agency can choose special officers to enforce transport laws”

The Commissioner can appoint people who are not police officers to be enforcement officers or dangerous goods enforcement officers. These officers can enforce different laws like the Land Transport Act, parts of the Land Transport Management Act, and the Road User Charges Act.

The Commissioner can also make police officers dangerous goods enforcement officers.

The Agency can appoint its employees to be enforcement officers for specific parts of transport laws, or to be dangerous goods enforcement officers.

Only people who are qualified by knowledge or experience can be appointed as officers.

The Commissioner or Agency will give each officer a warrant that says what they can do.

When appointing an officer, the Commissioner or Agency can specify which powers the officer can use and put conditions on how they use those powers.

The Commissioner or Agency can cancel an appointment they made at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435637.

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Part 15 Miscellaneous provisions

208Appointment of enforcement officers and dangerous goods enforcement officers

  1. The Commissioner may, by warrant, appoint a person who is not a constable to be—

  2. an enforcement officer for the purposes of—
    1. this Act:
      1. Part 2 of the Land Transport Management Act 2003:
        1. Part 5 of the Land Transport Management Act 2003; or
          1. the Road User Charges Act 2012; or
          2. a dangerous goods enforcement officer.

            1. The Commissioner may, by warrant, appoint any constable to be a dangerous goods enforcement officer.

            2. The Agency may, by warrant, appoint an employee of the Agency to be—

            3. an enforcement officer for the purposes of—
              1. any of Parts 4A, 4B, 6A, 6B, and 13, including any rules or regulations made in relation to transport services, or sections 22B, 22C, 36B, 113(2)(f), 113A, 115, 118(6), 124, 128A, 128B, 135(1A), 138, and 139:
                1. subpart 3 of Part 2 of the Land Transport Management Act 2003:
                  1. Part 5 of the Land Transport Management Act 2003:
                    1. any provision in the Land Transport Management Act 2003 relating to tolls; or
                    2. a dangerous goods enforcement officer.

                      1. Only persons who, in the opinion of the Commissioner or the Agency (as the case may be), are qualified by knowledge or experience to undertake enforcement of the functions specified in the warrant of appointment may be appointed under this section.

                      2. Each enforcement officer or dangerous goods enforcement officer appointed under this section is to be supplied by the Commissioner or the Agency (as the case may be) with a warrant which specifies the functions that the officer is entitled or required to undertake.

                      3. In specifying the functions of an enforcement officer or dangerous goods enforcement officer under this section, the Commissioner or the Agency (as the case may be) may specify which powers are or are not exercisable by the officer and impose conditions on the exercise of powers.

                      4. The Commissioner or the Agency (as the case may be) may at any time revoke an appointment made by the Commissioner or the Agency under this section.

                      Compare
                      Notes
                      • Section 208(1): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                      • Section 208(1)(a): substituted, on , by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
                      • Section 208(1)(a)(iii): replaced, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
                      • Section 208(1)(a)(iv): inserted, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
                      • Section 208(2): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                      • Section 208(3): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                      • Section 208(3)(a): substituted, on , by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
                      • Section 208(3)(a)(i): amended, on , by section 11 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).
                      • Section 208(3)(a)(ia): inserted, on , by section 8(2) of the Land Transport Management (Regional Fuel Tax) Amendment Act 2018 (2018 No 15).
                      • Section 208(3)(a)(ii): replaced, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
                      • Section 208(3)(a)(iii): inserted, on , by section 72 of the Land Transport Management Amendment Act 2013 (2013 No 35).
                      • Section 208(4): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                      • Section 208(5): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                      • Section 208(6): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                      • Section 208(7): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).