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Land Transport Act 1998

Fees and charges

Schedule 1: Transitional, savings, and related provisions

You could also call this:

“Rules for changing from old laws to new laws in the Land Transport Act”

This schedule outlines transitional, savings, and related provisions for various amendments to the Land Transport Act 1998. Here are the key points:

  1. It covers provisions related to several amendment acts, including those on alcohol interlock sentences, drug driving, clean vehicles, and road safety.

  2. For alcohol interlock sentences, it specifies how pre-existing orders and licences are handled after the amendments.

  3. For drug driving, it requires a review of the amendments 3-4 years after they come into force, looking at their impact, reliability of tests, and potential disproportionate effects on Māori and Pasifika people.

  4. For clean vehicles, it includes transitional arrangements for vehicle imports and carbon dioxide credits.

  5. For the Clean Vehicle Discount Scheme, it allows for processing of rebate applications received before the end of 2023 under the old rules.

  6. For road safety, it clarifies that increased penalties for second offences only apply if the first offence was committed after the amendment came into force.

These provisions help ensure a smooth transition between different versions of the law and provide for review of new measures.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7417424.

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Schedule 1: Provisions concerning Land Transport Safety Authority of New Zealand, or

"Rules about the group that used to look after road safety in New Zealand"

1Transitional, savings, and related provisions Empowered by s 2A

1Provisions relating to Land Transport Amendment Act 2017

1Interpretation

  1. In this Part, amendment Act means the Land Transport Amendment Act 2017.

Alcohol interlock sentences

2Pre-existing alcohol interlock orders, licences, and applications for alcohol interlock licences unaffected by subpart 1 of Part 1 of amendment Act

  1. Except as provided in clauses 3 and 4, subpart 1 of Part 1 of the amendment Act does not affect an alcohol interlock order made under section 65A(2) before that subpart came into force, and does not affect—

  2. the existing licensed status of a person who was issued with an alcohol interlock licence before that subpart came into force; or
    1. any application for an alcohol interlock licence made before that subpart came into force, and the application must be processed as if that subpart had not come into force; or
      1. the period of disqualification required by section 65A(2)(a); or
        1. the requirement in section 65A(4) that a person who is subject to an order under section 65A(2) and who does not apply for an interlock licence is to be treated as a person with a licence of no effect.

          Notes
          • Schedule 1 clause 2: inserted, on , by section 109(2) of the Land Transport Amendment Act 2017 (2017 No 34).

          3Pre-existing alcohol interlock order

          1. A person subject to an alcohol interlock order made under section 65A(2) before subpart 1 of Part 1 of the amendment Act came into force may apply for the order to be cancelled under section 100B as if the order were an alcohol interlock sentence ordered under that subpart.

          Notes
          • Schedule 1 clause 3: inserted, on , by section 109(2) of the Land Transport Amendment Act 2017 (2017 No 34).

          4Effect of subsequent offence on pre-existing alcohol interlock licence

          1. This clause applies to a person who has an alcohol interlock licence that was issued before subpart 1 of Part 1 of the amendment Act came into force and who commits a subsequent offence after that subpart came into force.

          2. Sections 65AJ and 65AK apply to the person as if the person had an alcohol interlock licence issued under section 65AC.

          Notes
          • Schedule 1 clause 4: inserted, on , by section 109(2) of the Land Transport Amendment Act 2017 (2017 No 34).

          5Existing zero alcohol licences and applications for zero alcohol licences unaffected by subpart 1 of Part 1 of amendment Act

          1. Subpart 1 of Part 1 of the amendment Act does not affect a zero alcohol licence order that was made under section 65B(2) before that subpart came into force, and does not affect—

          2. the existing licensed status of a person who was issued with a zero alcohol licence before that subpart came into force; or
            1. any application for a zero alcohol licence made before that subpart came into force, and the application must be processed as if that subpart had not come into force.

              Notes
              • Schedule 1 clause 5: inserted, on , by section 109(2) of the Land Transport Amendment Act 2017 (2017 No 34).

              Heavy vehicles

              6Existing notices given under section 16A to have continuing effect

              1. Notices given under section 16A before subpart 4 of Part 1 of the amendment Act comes into force continue to have effect as if that subpart had not come into force.

              2. Subclause (1) applies until the close of the day that is 12 months after subpart 4 of Part 1 of the amendment Act comes into force.

              Small passenger services

              7Transitional arrangement for small passenger service operator

              1. Before the close of the 28th day after the commencement of this clause,—

              2. section 30J(d) does not apply to a small passenger service operator who is facilitating a small passenger service; and
                1. section 30U(1)(c) does not apply to a small passenger service operator.

                  1. A small passenger service operator who does not comply with section 30J(d) at the commencement of this clause must, before the close of the 28th day after the commencement of this clause, have a small passenger service licence.

                  2. A small passenger service operator whose licence may be suspended under section 30U(1)(c) must, before the close of the 28th day after the commencement of this clause,—

                  3. ensure that—
                    1. a person with control of the service in New Zealand lives in New Zealand; or
                      1. the operator has a representative who lives in New Zealand; and
                      2. in the manner required by the Agency, notify the Agency—
                        1. that the operator meets the requirements of paragraph (a); and
                          1. of any address information required under the rules in relation to that person or representative.

                          Notes
                          • Schedule 1 clause 7: inserted, on , by section 109(3) of the Land Transport Amendment Act 2017 (2017 No 34).

                          8Transitional arrangement for driver using vehicle in small passenger service

                          1. Before the close of the 28th day after the commencement of this clause, sections 30P(c) and 79AB(1)(c) do not apply to a driver using a vehicle in a small passenger service who has been facilitated to connect with passengers by a facilitator.

                          2. Before the close of the 28th day after the commencement of this clause, a driver using a vehicle in a small passenger service must—

                          3. have a small passenger service licence; or
                            1. drive on behalf of the holder of a small passenger service licence; or
                              1. have been facilitated to connect with passengers by a facilitator who holds a small passenger service licence.

                                Notes
                                • Schedule 1 clause 8: inserted, on , by section 109(3) of the Land Transport Amendment Act 2017 (2017 No 34).

                                9Transitional arrangement for taxi stands and transit lanes

                                1. Taxi stands, shuttle stands, and transit lanes that may be used by any type of small passenger service vehicle before the commencement of this clause may be used by all small passenger service vehicles until the relevant road controlling authority changes the rules about the vehicles that may use the stands or lanes.

                                Notes
                                • Schedule 1 clause 9: inserted, on , by section 109(3) of the Land Transport Amendment Act 2017 (2017 No 34).

                                10Existing passenger service licences and applications unaffected by subpart 5 of Part 1 of amendment Act

                                1. A person who has an existing passenger service licence when subpart 5 of Part 1 of the amendment Act comes into force is deemed to have—

                                2. a small passenger service licence (as defined in section 2 as amended by subpart 5 of Part 1 of the amendment Act); and
                                  1. a large passenger service licence (as defined in section 2 as amended by subpart 5 of Part 1 of the amendment Act).

                                    1. Except as required by clauses 7 and 8, subpart 5 of Part 1 of the amendment Act does not affect—

                                    2. the existing licensed status of a person who was granted a passenger service licence before that subpart came into force; or
                                      1. any application for a passenger service licence made before that subpart came into force, and the application must be processed as if that subpart had not come into force.

                                        Notes
                                        • Schedule 1 clause 10: inserted, on , by section 109(3) of the Land Transport Amendment Act 2017 (2017 No 34).

                                        2Provisions relating to Land Transport (NZTA) Legislation Amendment Act 2020

                                        11Interpretation

                                        1. In this Part,—

                                          amendment Act means the Land Transport (NZTA) Legislation Amendment Act 2020

                                            Director function means any function, duty, or power of the Agency under this Act (or any secondary legislation made under this Act) that becomes a function, duty, or power of the Director—

                                            1. on and from the transfer date; and
                                              1. by operation of the amendment Act

                                                transfer date means the date determined under section 2(2) of the amendment Act.

                                                Notes
                                                • Schedule 1 clause 11: inserted, on , by section 128 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

                                                12Matters, documents, decisions, etc, not affected by transfer of Director functions

                                                1. If the Agency commences a matter or process relating to a Director function, but does not complete it before the transfer date, the Director must complete the matter or process after the transfer date in place of the Agency.

                                                2. Any land transport document, notice, or similar document given by the Agency is deemed to be a document given by the Director if—

                                                3. it relates to a Director function; and
                                                  1. it is in force immediately before the transfer date.

                                                    1. The transfer of a Director function to the Director does not, of itself, affect—

                                                    2. any decision made, or anything done or omitted to be done, by the Agency in relation to the Director function before the transfer date; or
                                                      1. any other matter or thing arising out of the Agency performing the Director function before the transfer date.

                                                        Notes
                                                        • Schedule 1 clause 12: inserted, on , by section 128 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

                                                        13Personal information

                                                        1. If the Agency collected personal information when performing a Director function before the transfer date, the Director’s use of the information on and from the transfer date is not an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

                                                        Notes
                                                        • Schedule 1 clause 13: inserted, on , by section 128 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                                        • Schedule 1 clause 13: amended, on , by section 21(1) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                        14References to Agency in documents

                                                        1. On and from the transfer date, a reference to the Agency in a land transport document, notice, or similar document written or prepared by or on behalf of the Agency must be read as a reference to the Director if—

                                                        2. the reference relates to a Director function; and
                                                          1. the document was written or prepared before the transfer date; and
                                                            1. such a reading is consistent with this Act.

                                                              Notes
                                                              • Schedule 1 clause 14: inserted, on , by section 128 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

                                                              3Provisions relating to Regulatory Systems (Transport) Amendment Act 2021

                                                              1Pre-existing exemptions

                                                              15Interpretation

                                                              1. In this subpart, amendment Act means the Regulatory Systems (Transport) Amendment Act 2021.

                                                              Notes
                                                              • Schedule 1 clause 15: inserted, on , by section 21(2)(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                              16Pre-existing exemptions from requirements in rules made under Part 11

                                                              1. Any exemption granted under section 166 or 166A before section 9 of the amendment Act comes into force continues to have effect as if that section had not come into force.

                                                              Notes
                                                              • Schedule 1 clause 16: inserted, on , by section 21(2)(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                              2Provisions relating to Legislation Act 2019

                                                              17Application of subpart

                                                              1. This subpart applies until the main commencement date (as defined in clause 2 of Schedule 1 of the Legislation Act 2019).

                                                              Notes
                                                              • Schedule 1 clause 17: inserted, on , by section 21(2)(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                              18Exemptions granted under section 168D

                                                              1. A class exemption is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                              2. As soon as practicable after granting a class exemption, the Director must—

                                                              3. notify the exemption in the Gazette (and include the text of the exemption); and
                                                                1. publish the exemption on the Agency’s Internet site.

                                                                  1. The reference in section 168E(3) to the date on which the exemption is published under the Legislation Act 2019 is to be read as a reference to the date on which the exemption is notified under subclause (2)(a).

                                                                  2. An exemption granted under section 168D(1)(a) is not a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

                                                                  Notes
                                                                  • Schedule 1 clause 18: inserted, on , by section 21(2)(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                                  19Transport instruments

                                                                  1. A transport instrument is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

                                                                  2. The Agency, the Director, or the Secretary (as the case may be) must, as soon as practicable after making, amending, or revoking a transport instrument,—

                                                                  3. notify the instrument, amendment, or revocation in the Gazette (but need not incorporate the text of the instrument, amendment, or revocation); and
                                                                    1. ensure that a copy of the instrument, amendment, or revocation is—
                                                                      1. published on the Agency’s Internet site; and
                                                                        1. available for purchase in hard copy at a reasonable charge.

                                                                        Notes
                                                                        • Schedule 1 clause 19: inserted, on , by section 21(2)(a) of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).

                                                                        4Provisions relating to Land Transport (Clean Vehicles) Amendment Act 2022

                                                                        20Interpretation

                                                                        1. In this Part, amendment Act means the Land Transport (Clean Vehicles) Amendment Act 2022.

                                                                        Notes
                                                                        • Schedule 1 clause 20: inserted, on , by section 15(a) of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).

                                                                        21Transitional provision concerning regulations relating to motor vehicle labelling

                                                                        1. For the purposes set out in subclause (2), the Minister may, before the commencement of section 24 of the amendment Act,—

                                                                        2. publicly notify a proposal to make regulations under section 36(1)(ba) of the Energy Efficiency and Conservation Act 2000 as soon as practicable after the commencement of section 24 of the amendment Act; and
                                                                          1. consult any persons as the Minister considers appropriate.

                                                                            1. The purposes are to ensure that interested persons are given reasonable time to make submissions on the proposed regulations and to enable the Minister to consult any persons as the Minister considers appropriate before the regulations are made.

                                                                            2. If any action referred to in subclause (1) is taken by or on behalf of the Minister before the commencement of section 24 of the amendment Act, the action is deemed to have been validly taken by the Minister under section 36(2) of the Energy Efficiency and Conservation Act 2000 for the purposes of making the regulations under section 36(1)(ba) of that Act and bringing those regulations into force.

                                                                            Notes
                                                                            • Schedule 1 clause 21: inserted, on , by section 15(a) of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).

                                                                            5Provisions relating to Land Transport (Clean Vehicles) Amendment Act (No 2) 2022

                                                                            22Transitional provision applying to vehicles imported before 1 June 2023 by category 2 light vehicle importers

                                                                            1. This clause applies if the carbon dioxide emissions of a vehicle that is imported in the period starting on 1 January 2023 and ending on 31 May 2023 by a category 2 light vehicle importer exceed the importer’s target that applies in respect of that vehicle.

                                                                            2. For the purpose of paying any charge under section 182, the vehicle is deemed to be imported on 1 June 2023.

                                                                            3. To avoid doubt, subclause (2) only affects the date on which a charge is payable, and does not affect any other obligations under this Act, including the information to be recorded in the vehicle importer’s carbon dioxide account.

                                                                            Notes
                                                                            • Schedule 1 clause 22: inserted, on , by section 8 of the Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 (2022 No 64).

                                                                            23Deferred date for transfer of credits under section 184

                                                                            1. Despite sections 180(1) and (2) and 184(1) and (2), a light vehicle importer may not transfer carbon dioxide credits in their carbon dioxide account to the carbon dioxide account of another light vehicle importer before 1 June 2023.

                                                                            Notes
                                                                            • Schedule 1 clause 23: inserted, on , by section 8 of the Land Transport (Clean Vehicles) Amendment Act (No 2) 2022 (2022 No 64).

                                                                            6Provision relating to Land Transport (Drug Driving) Amendment Act 2022

                                                                            24Review of amendments made by Land Transport (Drug Driving) Amendment Act 2022

                                                                            1. The Minister must appoint a reviewer to undertake a review of the amendments made by the Land Transport (Drug Driving) Amendment Act 2022—

                                                                            2. no earlier than 3 years after the commencement of that Act; and
                                                                              1. no later than 4 years after the commencement of that Act.

                                                                                1. The Minister must ensure that the reviewer appointed under subclause (1) is independent of the—

                                                                                2. New Zealand Police; and
                                                                                  1. Ministry of Transport.

                                                                                    1. The review undertaken under subclause (1) must, subject to clause 25, consider—

                                                                                    2. the impact of the amendments; and
                                                                                      1. the reliability of oral fluid tests and blood tests in assessing a person’s impairment; and
                                                                                        1. whether appropriate thresholds and impairment levels have been set for different drugs; and
                                                                                          1. whether the amendments have been appropriately implemented by the New Zealand Police and other relevant entities; and
                                                                                            1. whether the amendments have had a disproportionate impact on Māori and Pasifika people; and
                                                                                              1. the extent to which, if it can be assessed, the number of people driving while impaired by drugs has changed since the amendments came into force; and
                                                                                                1. whether—
                                                                                                  1. further amendments should be considered:
                                                                                                    1. any of the amendments should be repealed; and
                                                                                                    2. any other matter that the Minister requests the reviewer examine; and
                                                                                                      1. any other matter that the reviewer considers relevant.

                                                                                                        1. The reviewer must provide the review to the Minister within 12 months of the date of the reviewer’s appointment under subclause (1).

                                                                                                        2. The Minister must, within 60 working days of the day the review is provided to the Minister under subclause (4), present to the House of Representatives—

                                                                                                        3. the review; and
                                                                                                          1. a response to the review.

                                                                                                            25Order for review to not consider matters

                                                                                                            1. The Governor-General may, by Order in Council, on the advice of the Minister, require that the review undertaken under clause 24 not consider 1 or more of the matters identified in clause 24(3).

                                                                                                            2. Before advising the Governor-General to make an Order in Council under subclause (1), the Minister must present a paper to the House of Representatives explaining the reasons why, in the Minister’s view, the review should not consider the matters identified in the Order in Council.

                                                                                                            3. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                                                            Notes

                                                                                                              7Provisions relating to Land Transport (Clean Vehicle Discount Scheme Repeal) Amendment Act 2023

                                                                                                              26Interpretation

                                                                                                              1. In this Part, amendment Act means the Land Transport (Clean Vehicle Discount Scheme Repeal) Amendment Act 2023.

                                                                                                              Notes
                                                                                                              • Schedule 1 clause 26: inserted, on , by section 9(a) of the Land Transport (Clean Vehicle Discount Scheme Repeal) Amendment Act 2023 (2023 No 66).

                                                                                                              27Transitional provision for rebate applications received before close of 31 December 2023

                                                                                                              1. This Act continues to apply, as if it had not been amended by sections 4 and 7 of the amendment Act, for the purposes of processing any application for a rebate received before the close of  31 December 2023.

                                                                                                              Notes
                                                                                                              • Schedule 1 clause 27: inserted, on , by section 9(a) of the Land Transport (Clean Vehicle Discount Scheme Repeal) Amendment Act 2023 (2023 No 66).

                                                                                                              8Provision relating to Land Transport (Road Safety) Amendment Act 2023

                                                                                                              28Increased penalty for second offence under section 52A

                                                                                                              1. Section 52A(4), as amended by the Land Transport (Road Safety) Amendment Act 2023, applies only if the relevant first offence is committed on or after the day on which that Act comes into force.

                                                                                                              Notes
                                                                                                              • Schedule 1 clause 28: inserted, on , by section 38(a) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).