Land Transport Act 1998

Repeals, amendments to other enactments, and transitional and savings provisions

218: Regulations and other enactments having effect under this Act

You could also call this:

“Rules about vehicles and traffic continue under the new transport law”

This section explains how certain regulations and notices continue to work under the Land Transport Act 1998.

You should know that some old regulations are now treated as if they were made under this new Act. These include rules about goods service vehicles, road closures, heavy motor vehicles, and traffic.

Some notices about breath tests, vehicle surveillance equipment, and weight measurement are also treated as if they were made under this Act.

These old regulations and notices can be changed using the new Act, even if the exact power to do so isn’t mentioned in the new Act.

Any rules about fees and charges that were in place under old transport laws will keep working. These can be changed or replaced using section 167 of the new Act.

This helps make sure that important rules about transport continue to work, even though the laws have changed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435661.


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"When a rule about old section 216 was removed from the law"


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219: Expiry of section 218, or

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Part 16 Repeals, amendments to other enactments, and transitional and savings provisions

218Regulations and other enactments having effect under this Act

  1. The following regulations are to be treated as regulations made under this Act:

  2. the Goods Service Vehicle (Constructional) Regulations 1936 (Reprinted SR 1961/94):
    1. the Transport (Vehicular Traffic Road Closure) Regulations 1965 (SR 1965/63):
      1. the Heavy Motor Vehicle Regulations 1974 (SR 1974/218):
        1. the Traffic Regulations 1976 (SR 1976/227).
                      1. The following notices are to be treated as notices under section 2 or section 115 (as the case may be):

                        1. the Transport (Breath Tests) Notice (No 2) 1989 (SR 1989/389):
                              1. the Transport (Approved Vehicle Surveillance Equipment) Notice 1994 (SR 1994/202):
                                  1. the Transport (Measurement of Weight) Notice 1997 (SR 1997/375).
                                    1. The enactments specified in subsection (1) or subsection (2), which were made under the Transport Act 1962 or the Transport (Vehicle and Driver Registration and Licensing) Act 1986, may be amended from time to time under the corresponding empowering provision (if any) in this Act or (if there is no corresponding empowering provision in this Act) as if this section contained the relevant empowering provision (as it read immediately before the commencement of section 214).

                                    2. Every regulation prescribing or providing for the fixing of fees and charges under the Transport Act 1962, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Transport Services Licensing Act 1989, or the Government Roading Powers Act 1989, and is in force immediately before the commencement of this section, continues to have effect and may be amended, revoked, or replaced under section 167.

                                    Notes
                                    • Section 218(1)(e): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(1)(f): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(1)(g): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(1)(h): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(1)(i): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(1)(j): repealed, on , by section 30(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(2)(a): repealed, on , by section 30(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(2)(c): repealed, on , by section 30(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(2)(d): repealed, on , by section 30(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(2)(f): repealed, on , by section 30(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                                    • Section 218(4): amended, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
                                    • Section 218(4): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).