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Land Transport Act 1998

Land transport secondary legislation - Transport instruments

168F: Regulations or rules may provide for transport instruments

You could also call this:

“Transport instruments can be used to add details to land transport rules”

You can use transport instruments to handle some details of land transport regulations or rules. These instruments are official documents that can cover specific matters instead of including them directly in the regulations or rules.

When a regulation or rule allows for a transport instrument, someone needs to decide if it’s the right way to handle the subject. For regulations made by the Governor-General, the Minister makes this decision. For rules made by the Minister or the Agency, they make the decision themselves.

The regulation or rule must say who can create the transport instrument - it could be the Agency, the Director, or the Secretary.

Transport instruments can be updated or replaced over time. They can also be created for future use, even if they don’t exist yet. The regulation or rule might set out specific requirements for making these instruments.

It’s important to know that a transport instrument is officially part of the regulation or rule it’s connected to. This means that if you don’t follow what’s in a transport instrument, it’s the same as not following the regulation or rule itself.

Transport instruments only have power when a land transport regulation or rule refers to them. They are considered ‘secondary legislation’, which means they have to follow certain rules about how they’re published and shared with the public.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS481881.

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Part 11 Land transport secondary legislation
Transport instruments

168FRegulations or rules may provide for transport instruments

  1. A regulation or rule made under a land transport Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument.

  2. A regulation or rule providing under subsection (1) for a matter to be dealt with in a transport instrument may be made only if,—

  3. in the case of a regulation or rule to be made by the Governor-General, the Minister recommends it after being satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
    1. in the case of a rule to be made by the Minister, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
      1. in the case of a rule to be made by the Agency, the Agency is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.

        1. A regulation or rule that provides for a transport instrument must specify who may make the instrument (the Agency, the Director, or the Secretary).

        2. A regulation or rule that provides for a transport instrument may—

        3. provide for a particular transport instrument as amended or replaced from time to time:
          1. provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
            1. provide for any requirements in relation to the instrument or its creation.

              1. A transport instrument provided for in a regulation or rule is part of that regulation or rule.

              2. To avoid doubt,—

              3. a transport instrument has effect only to the extent that a regulation or rule made under a land transport Act refers to it; and
                1. a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.

                  1. If a regulation or rule provides for a transport instrument,—

                  2. a transport instrument made under the regulation or rule is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                    1. the regulation or rule must contain a statement to that effect.

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