Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Land transport secondary legislation - Director may grant exemptions from rules and regulations

168D: Director may grant exemptions

You could also call this:

“The Director can let some people or things not follow certain transport rules”

The Director can allow certain people, vehicles, or things to not follow some rules or regulations. This is called granting an exemption. The Director can do this for specific individuals or groups, or for entire classes of people or things.

However, the Director can’t give exemptions for rules that say no exemptions are allowed. For regulations, the Director can only give exemptions if the regulations say it’s okay.

Before giving an exemption, the Director has to make sure it’s not too broad and that it’s appropriate. The Director needs to think about things like keeping transport safe and helping in emergencies.

The Director must tell everyone about individual exemptions in the Gazette (a special government newsletter) every three months or less.

If the Director gives an exemption to a whole class of people or things, it becomes a special kind of law.

This doesn’t change any other exemption powers that exist in transport laws.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS481851.

Previous

168C: Piloting fees, or

"Paying for police to watch over very big vehicles on the road"

Next

168E: General provisions relating to exemptions, or

"Rules for making exceptions to transport laws"

Part 11 Land transport secondary legislation
Director may grant exemptions from rules and regulations

168DDirector may grant exemptions

  1. The Director may, if the Director thinks it appropriate,—

  2. exempt 1 or more named or specified persons, vehicles, vehicle components, rail vehicles, land transport-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Part; or
    1. exempt any class of person, vehicle, vehicle component, rail vehicle, land transport-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Part.

      1. The power under subsection (1)—

      2. must not be used to provide an exemption from a requirement of a rule if the relevant rule specifically provides that no exemptions from the requirement may be granted; and
        1. may be used to allow an exemption from the requirement of a regulation only if the regulations specify under section 167(1)(mba) that this section and section 168E apply to that requirement.

          1. The Director must not grant an exemption unless satisfied that—

          2. the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
            1. it is appropriate to grant the exemption considering—
              1. the Agency’s objective in section 94 of the Land Transport Management Act 2003; and
                1. the need to maintain or improve land transport safety; and
                  1. whether the exemption supports the response to an emergency or other event; and
                    1. any other matter that the Director considers appropriate in the circumstances.

                    2. This section does not limit or affect any other power of exemption conferred on any person under this Act or any other land transport Act.

                    3. The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette at intervals not longer than 3 months.

                    4. A class exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 168D: inserted, on , by section 12 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).