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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:

"Rules can be made about transport in regulations, which might include special transport instruments."

Illustration for Land Transport Act 1998

You can have rules about transport instruments in regulations or rules made under a land transport Act. These rules can say that some matters are dealt with in a transport instrument instead of in the regulation or rule itself. The person making the regulation or rule must be satisfied that the subject matter is suitable for a transport instrument. You need to say who can make the transport instrument, such as the Agency, the Director, or the Secretary. The regulation or rule can also provide for a particular transport instrument or any requirements related to it. A transport instrument is part of the regulation or rule that provides for it. If a regulation or rule provides for a transport instrument, it is considered secondary legislation, as explained in Part 3 of the Legislation Act 2019. The regulation or rule must say that the transport instrument is secondary legislation. A transport instrument only has effect if a regulation or rule made under a land transport Act refers to it, and breaking a transport instrument is the same as breaking the regulation or rule that provides for it.

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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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"Rules for making exceptions to transport laws"

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Part 11Land 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).