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Land Transport Act 1998

Clean vehicle standard - Information gathering and enforcement powers

197F: Effect of proceedings

You could also call this:

“What happens when you challenge powers in court”

If you start a court case about the powers given in section 197B, the powers can still be used while the court makes a decision. You still have to follow the rules in that section even if you’ve started a court case.

But the court can make a temporary order to stop this if:

  1. You can show that using the power might be against the law.
  2. You would be badly affected if the power is used.
  3. If the power is used before the court makes a final decision, nothing the court could do later would fix the problem.
  4. The order doesn’t make it too hard for the Director to do their job under this law.

If the court doesn’t make this temporary order, there are other ways you might be able to fix problems later. These include:

  1. The court could make a statement about the situation when it makes its final decision.
  2. You might be able to ask for money to make up for problems caused.
  3. If you end up in court because of this, you might be able to argue that some evidence shouldn’t be used because it was collected unfairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS649460.

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197E: Confidentiality of information and documents, or

"Keeping clean vehicle information private"

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197G: Effect of final decision that exercise of powers under section 197B unlawful, or

"What happens if a court says powers were used illegally"

Part 13 Clean vehicle standard
Information gathering and enforcement powers

197FEffect of proceedings

  1. If a person commences a proceeding in any court in respect of the exercise of any powers conferred by section 197B, until a final decision in relation to the proceeding is given,—

  2. the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
    1. no person is excused from fulfilling the person’s obligations under that section by reason of the proceeding.

      1. However, the court may make an interim order overriding subsection (1), but only if the court is satisfied that—

      2. the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
        1. the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
          1. if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
            1. the terms of the order do not unduly hinder or restrict the Director in performing or exercising the Director’s functions, powers, or duties under this Act.

              1. The remedies are as follows:

              2. any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
                1. any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
                  1. any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation.

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