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Land Transport Act 1998

Clean vehicle standard - Information gathering and enforcement powers

197B: Director may require person to supply information, produce documents, or give evidence

You could also call this:

“Director can ask for information and documents to do their job”

The Director can ask you for information if they need it to do their job under this part of the law. They can send you a notice asking you to:

  1. Give them information within a certain time and in a specific way.

  2. Show them documents, or give documents to someone they choose, within a certain time and in a specific way.

  3. Help them understand information stored in documents by putting it into a usable form.

  4. Come to a specific place at a set time to talk to someone and bring certain documents with you.

If you’re asked to give information in writing, you need to sign it in the way the notice tells you to.

When you show documents to the Director or the person they choose, they can look at the documents, make notes about them, and make copies or take parts of them.

The Director can choose someone else to receive documents or listen to what you have to say. This person could be someone who works for the Agency or someone else the Director thinks is qualified for the job.

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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=LMS649456.

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197A: Offence in relation to production of records or other information, or

"Refusing to show vehicle records when asked is against the law"

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197C: Offence in relation to requirement to supply information, produce documents, or give evidence, or

"Breaking the rules about giving honest information on clean vehicles"

Part 13 Clean vehicle standard
Information gathering and enforcement powers

197BDirector may require person to supply information, produce documents, or give evidence

  1. If the Director considers it necessary or desirable for the purposes of performing or exercising the Director’s functions, powers, or duties under this Part, the Director may, by notice in writing, require a person—

  2. to supply to the Director, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
    1. to produce to the Director, or to a person specified in the notice acting on the Director’s behalf in accordance with the notice, any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
      1. if necessary, to reproduce, or assist in reproducing, in usable form, information recorded or stored in any document or class of documents specified in the notice (within the time and in the manner specified in the notice); or
        1. to appear before a specified person, at a time and place specified in the notice, to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.

          1. Information supplied in response to a notice under subsection (1)(a) must be—

          2. given in writing; and
            1. signed in the manner specified in the notice.

              1. If a document is produced in response to a notice under subsection (1), the Director, or the person to whom the document is produced, may—

              2. inspect and make records of that document; and
                1. take copies of the document or extracts from the document.

                  1. In this section, specified person means—

                  2. an employee of the Agency:
                    1. another person to whom the Director has delegated the power to receive the relevant document or class of documents or to receive evidence and the relevant document or class of documents (being a person that the Director is satisfied is suitably qualified or trained, or is a member of a class of persons who are suitably qualified or trained, to exercise the power).

                      Notes
                      • Section 197B: inserted, on , by section 10 of the Land Transport (Clean Vehicles) Amendment Act 2022 (2022 No 2).