There shall be the following classes of transport service:

• (a) Goods service:

• (b) Passenger service:

• (c) Rental service:

• (d) Vehicle recovery service:

• (e) [Repealed]

(1) Every transport service shall be licensed.

(2) Every person commits an offence who carries on any transport service otherwise than under the authority of the appropriate licence.

(3) Every person commits an offence who does any act in any capacity as an agent for any transport service if, at the time the person did the act, the appropriate licence was not in force in respect of the service and the person knew or ought to have known that the appropriate licence was not in force.

(4) If any body corporate commits an offence against this section, every director and every other person concerned in the management of the body corporate may be convicted of the offence if it is proved that the act or omission that constituted the offence occurred with that person's authority, permission, or consent.

(5) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $10,000.

(6) A person who is convicted of a second or subsequent offence against this section is liable on summary conviction to a fine not exceeding $25,000 and, unless in the circumstances of the case the court considers there are special reasons relating to either offence why it should not do so, the court must order every vehicle used under the transport service to be surrendered to the Director and held by the Director, at the expense of the convicted person, for a period specified by the court that does not exceed 90 days.

Every application for a transport service licence shall be made to the Director on the form provided by the Director, or one to similar effect, and shall contain such information as is required by the Director and be accompanied by the prescribed fee.

(1) Every applicant for a passenger service licence or a vehicle recovery service licence shall, unless exempted under subsection (4) of this section, cause a notice of the application, in a form approved for the purpose by the Director, to be published twice at an interval of not more than 7 days in a newspaper or newspapers approved for the purpose by the Director.

(2) The notice shall specify the name of the applicant, the nature of the service, and the names of the natural persons who are to have control of the transport service.

(3) Where an applicant is required to publish a notice under this section, no application for a transport service licence shall be granted by the Director under section 8 of this Act until at least 14 days has elapsed following the date of the first publication of the notice.

(4) The Director may, where the Director considers it appropriate having regard to the limited nature or infrequency of the proposed service or such other matters as the Director considers relevant, exempt any applicant or class of applicant from the requirements of this section.

(1) After considering any application for a transport service licence, the Director shall grant to the applicant the licence sought if the Director is satisfied that—

• (a) The applicant is a fit and proper person to operate the appropriate transport service; and

• (b) Any person who is to have, or is likely to have, control of the transport service is a fit and proper person to have such control; and

• (c) The applicant or some person who is to have control of the service is the holder of the appropriate certificate (if any) required by section 18 of this Act; and

• (d) [Repealed]

(2) In determining whether or not a person is a fit and proper person to operate or control a transport service, the Director shall have regard to the matters specified in section 24 of this Act.

(3) Notwithstanding subsections (1) and (2) of this section, where the applicant applies for a goods service licence and the Director—

• (a) Is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but

• (b) Is satisfied that—

  • (i) The applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and

  • (ii) The grant of such a licence is not contrary to the public interest,—

the Director may grant the licence on such conditions as the Director may specify on the licence or in writing to the holder.

(4) Every holder of a goods service licence commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who fails to comply with or contravenes any condition imposed in respect of the holder's licence under subsection (3) of this section.

(1) Every person who, immediately before the 1st day of November 1989, was the holder of a licence issued under Part 7 of the Transport Act 1962 shall be deemed to have been granted, on the 1st day of November 1989, the equivalent transport service licence under this Act as follows:

• (a) Holders of goods-service licences, and holders of any passenger-service licence to which is attached a condition entitling the licence holder to carry goods, shall be deemed to have been granted a goods service licence:

• (b) Holders of taxicab-service licences and passenger-service licences shall be deemed to have been granted a passenger service licence:

• (c) Holders of rental-service licences shall be deemed to have been granted a rental service licence.

(2) Any person who, at any time during the period commencing on the 1st day of November 1988 and ending on the 31st day of October 1989 (both dates inclusive), carried on a transport service that was not required to be licensed under Part 7 of the Transport Act 1962 but is required to be licensed under this Act shall, subject to subsection (3) of this section, be deemed for a transitional period to be the holder of the appropriate transport service licence granted under this Act as follows:

• (a) Persons carrying on a passenger service shall be deemed to hold a passenger service licence, and persons carrying on a vehicle recovery service shall be deemed to hold a vehicle recovery service licence, during the period commencing on the 1st day of November 1989 and ending on the 31st day of March 1990 (both dates inclusive):

• (b) Persons carrying on a goods service shall be deemed to hold a goods service licence, and persons carrying on a rental service shall be deemed to hold a rental service licence, during the period commencing on the 1st day of November 1989 and ending on the 31st day of May 1990 (both dates inclusive).

(3) Any licence deemed by subsection (1) or subsection (2) of this section to have been granted under this Act may at any time on or after the 1st day of November 1989 be revoked or suspended or otherwise dealt with in accordance with the provisions of this Act.

(4) For the avoidance of doubt it is hereby declared that, for the purposes of subsection (2) of this section, every local authority constituted by an Order in Council giving effect to a final reorganisation scheme prepared under section 15B of the Local Government Act 1974 is the same local authority as each former authority from which any transport service is transferred to that authority.

(1) The Director shall refuse to grant a transport service licence where—

• (a) The Director is not satisfied that—

  • (i) The applicant is a fit and proper person to be the holder of a transport service licence; or

  • (ii) Any person who is, or is likely, to have control of or any involvement in the operation of the service, is a fit and proper person to be in control of or involved in the operation of the service; or

• (b) Neither the applicant nor any person who is to have control of the service holds the certificate appropriate to the proposed service required by section 18 of this Act; or

• (c) [Repealed]

(2) Where the Director proposes to refuse to grant a licence under this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the applicant and, if appropriate, any person referred to in subsection (1)(a)(ii) of this section, of the Director's intention not to grant the licence; and

• (b) Specify the grounds for the proposed refusal; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the applicant of the right of appeal under section 42 of this Act.

(1) Where the Director is satisfied that—

• (a) The holder of a transport service licence is not a fit and proper person to be the holder of a transport service licence; or

• (b) Any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service,—

the Director may revoke the transport service licence.

(2) Before revoking a transport service licence under this section the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the licence holder, and, if appropriate, any person referred to in subsection (1)(b) of this section, of the Director's intention to revoke the licence; and

• (b) Specify the grounds for the proposed revocation; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the licence holder of the right of appeal under section 42 of this Act.

(3) Where the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—

• (a) The notice required to be given to the licence holder by section 25 of this Act shall specify the steps that the Director will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and

• (b) The licence shall not be revoked where the licence holder complies with any such requirements of the Director.

(1) Every person convicted of an offence specified in Schedule 2 to this Act shall incur—

• (a) The number of operator demerit points specified in the fourth column of that Schedule in relation to the offence; and

• (b) The number of driver demerit points specified in the fifth column of that Schedule in relation to the offence.

(2) No person shall incur demerit points under subsection (1) of this section—

• (a) In respect of any offence committed before the 1st day of November 1989; or

• (b) Where the offence related to the use by the person of a motor vehicle of less than 3,500 kilograms gross laden weight for purposes unconnected with a transport service.

(3) Demerit points shall be deemed to have been incurred on the date on which the offence to which they relate was committed.

(4) Where a person is convicted of 2 or more offences arising out of the same set of circumstances, demerit points shall be recorded in relation to one such offence only, being, in any case where the same number of demerit points does not apply to both or all those offences, the offence to which the greatest number of demerit points applies.

(5) Where any person appeals against a conviction for an offence to which subsection (1) of this section applies,—

• (a) No demerit points shall be recorded in relation to the offence pending the determination of the appeal; and

• (b) Any recording of demerit points made in relation to the offence before the filing of the notice of the appeal, and any disqualification imposed as a result thereof, shall be deemed to be cancelled; and

• (c) If on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or dismissed for want of prosecution, demerit points shall be recorded in relation to the offence.

(6) When 2 years has elapsed since the date of the commission of an offence for which demerit points have been recorded in respect of any person, the points in respect of that offence shall cease to have effect except in relation to other offences of which that person is convicted that were committed within 2 years before or after the commission of that offence. Nothing in this subsection shall cause any period of disqualification under section 14 of this Act to cease.

(1) Where, in relation to offences committed within any 2-year period, 100 or more demerit points have been recorded under this Act in respect of any holder of a transport service licence, person having control of a transport service, or transport service driver, the Director shall where reasonably practicable cause a notice in writing to be given to the person—

• (a) Warning the person of the consequences under section 14 of this Act of further demerit points being recorded against the person; and

• (b) Informing the person of the number of demerit points already so recorded; and

• (c) The offences in respect of which the points were recorded.

(2) Without limiting subsection (1) of this section, the Director shall not be obliged to give any such notice where on any one occasion, or on any 2 or more occasions occurring within such a period that it would not be reasonably practicable for the Director to give such notice, the person is convicted of one or more offences carrying 100 or more demerit points in total.

(3) The failure to give notice under subsection (1) of this section shall not affect any person's liability to disqualification under section 14 of this Act.

(1) Where any holder of a transport service licence or person having control of a transport service has, in respect of offences committed within any 2-year period, incurred 200 or more operator demerit points, the Director shall, unless for special reasons relating to any of the offences for which the demerit points were incurred the Director determines otherwise, disqualify that person from—

• (a) Holding any transport service licence; and

• (b) Having control of any transport service,—

for a period of 5 years commencing on the date on which the disqualification takes effect pursuant to this section.

(2) Where any transport service driver has, in respect of offences committed within any 2-year period, incurred 200 or more demerit points, the Director shall, unless for special reasons relating to any of the offences for which the demerit points were incurred the Director determines otherwise, disqualify that person from driving any vehicle being used in a transport service, other than a rental service, for a period of 5 years commencing on the date on which the disqualification takes effect pursuant to this section.

(3) Where the Director determines to disqualify a person under this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the person of the proposed disqualification; and

• (b) Specify the grounds for the proposed disqualification, and notify the person of—

  • (i) The number of operator or driver demerit points incurred by the person; and

  • (ii) The offences in respect of which the points were incurred; and

  • (iii) The dates on which the offences were committed; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the person of the right of appeal under section 42 of this Act.

(4) Where the person liable to disqualification is a person who does not hold a transport service licence, any copy of the notice that the Director supplies to the licence holder under section 25 of this Act shall not include the matters referred to in subparagraphs (ii) and (iii) of subsection (3)(b) of this section.

(5) Where the Director determines to disqualify a person under this section,—

• (a) The period of disqualification shall commence as soon as practicable, once the requirements of section 25 of this Act have been fulfilled; but

• (b) The Director may defer the commencement of any period of disqualification for such period not exceeding 3 months as the Director considers appropriate if the Director is satisfied that immediate commencement of the period of disqualification would cause undue hardship for any person other than the person disqualified.

(6) The effect of any disqualification under this section shall be as follows:

• (a) Where the person is the holder of a transport service licence, that licence is deemed to be revoked from the date of disqualification:

• (b) Where the person is a person having control of a transport service but is not the holder of the transport service licence, the person shall be deemed not to be a fit and proper person to have control of the service and the Director may, unless satisfied that all practicable steps have been taken to remove the person from control of the service, proceed to revoke the transport service licence in accordance with the requirements of sections 11 and 25 of this Act:

• (c) Where the person is a transport service driver the provisions of section 17 of this Act shall apply in relation to that person.

(7) Nothing in this section shall derogate from or affect any power under this or any other Act to revoke or suspend or otherwise deal with any transport service licence or driver's licence or to disqualify any person from control of or involvement in any transport service.

(8) Every person commits an offence who—

• (a) Being a person disqualified under subsection (1) of this section, applies for a transport service licence or is in control of any transport service during the period of disqualification; or

• (b) Engages or employs any person in a position in which that person has control of a transport service, knowing that person to be disqualified from such a position,—

and is liable on summary conviction to a fine not exceeding $10,000.

(1) Where the Director is satisfied that a transport service driver is not a fit and proper person to drive any vehicle being used in a transport service, the Director may disqualify that person from driving any vehicle being used in a transport service (other than a rental service) for such period not exceeding 10 years as the Director thinks fit.

(2) Before disqualifying a person under this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the person of the proposed disqualification; and

• (b) Specify the grounds for the proposed disqualification; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the person of the right of appeal under section 42 of this Act.

(1) Where, in relation to a person who is a transport service driver,—

• (a) The Director considers that the person is not a fit and proper person to drive any vehicle being used in a transport service and that the interests of public safety, or the need to ensure that the public is protected from serious or organised criminal activity, would seem to require immediate suspension of the person as a transport service driver; or

• (b) The person has been charged with any offence that is of such a nature that the interests of public safety, or the need to protect the public against serious or organised criminal activity, would require that a person convicted of committing such an offence not be a transport service driver,—

the Director may, by notice in writing to the person, and notwithstanding anything in any other provision of this Act, suspend that person from driving any vehicle being used in a transport service, either immediately or with effect from such date as the Director may specify.

(2) Where the Director suspends a person's driver's licence under this section,—

• (a) Any notice to be given under subsection (1) of this section shall—

  • (i) Inform the person of the grounds of the suspension; and

  • (ii) Inform the person that the person may make submissions on the matter to the Director; and

  • (iii) Notify the person of the right of appeal under section 42 of this Act; and

• (b) The Director shall as soon as practicable consider any submissions made on the matter by the person and notify the person of the result of any such consideration.

(3) The Director may at any time withdraw a suspension imposed under this section.

(4) Where any suspension has been imposed in respect of a person to whom subsection (1)(b) of this section applies, the suspension shall cease immediately the charge is withdrawn or the person is found not guilty of the offence charged.

(5) Nothing in this section shall derogate from or affect any power under this or any other Act to revoke, suspend, or otherwise deal with any licence or person involved in any transport service.

(1) Where the Director disqualifies or suspends any person from driving a vehicle being used in a transport service under section 14 or section 15 or section 16 of this Act, the Director may, for the period of the disqualification or suspension,—

• (a) Revoke or suspend any driver's licence held by the person, not being a licence of a class that relates principally to the use of private motor vehicles, and disqualify the person from holding or obtaining any such licence; and

• (b) Prohibit the person from driving any vehicle being used in a transport service (other than a rental service), notwithstanding that the person may obtain or continue to hold a driver's licence of a class that, although it relates principally to the use of private motor vehicles, also entitles the person to drive a vehicle that may be used in a transport service.

(2) Nothing in this section or in sections 14 to 16 derogates from or affects any power of the Director under the Land Transport Act 1998, or under rules made under that Act, to revoke, suspend, or otherwise deal with any driver licence.

(3) Every person commits an offence who, having been prohibited pursuant to subsection (1)(b) of this section from driving a vehicle being used in a transport service, drives during the currency of any such prohibition any vehicle being used in a transport service (other than a rental service).

(4) Any person who commits an offence against subsection (3) of this section is liable on conviction to a fine not exceeding $2,000 and to disqualification from holding or obtaining a driver's licence for such period (if any) as the Court thinks fit.

(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who applies for or obtains a driver's licence, other than a driver's licence that relates principally to the use of private motor vehicles, while the person is disqualified under subsection (1)(a) of this section from obtaining the licence.

(1) Subject to subsection (2) of this section, after the 31st day of December 1991, no person shall

• (a) [Repealed]

• (b) [Repealed]

be entitled to obtain a transport service licence or continue to hold any such licence unless that person or some person who has or is to have control of the service is the holder of a certificate issued by the Director or a person approved by the Director to the effect that the person concerned has an adequate knowledge of the laws and practices concerning the safe and proper operation of the transport service to which the licence relates.

(2) Nothing in subsection (1) of this section shall apply to require the holding of a certificate in respect of any transport service licence to the extent that—

• (a) Any exemption granted under the Land Transport Act 1998; or

• (ab) On the 31st day of December 1991 the holder of the licence was the holder of a relevant transport service licence; or

• (ac) [Repealed]

• (b) The Director, having regard to the limited or infrequent nature of the service or proposed service, or any other matter that the Director considers relevant, exempts the holder from that requirement.

(3) Any exemption granted by the Director under subsection (2)(b) of this section may be for such limited period or subject to such conditions as the Director thinks fit.

(4) If at any time neither the holder of a transport service licence nor any person who has control of the service is the holder of a certificate required by this section, the Director, after giving the holder of the licence not less than 28 days' notice of the Director's intention to do so, and a reasonable opportunity to make submissions on the matter, may suspend the licence until the holder of the licence or some person who has control of the service is the holder of such a certificate.

(5) Subject to subsection (4) of this section, any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Director accordingly.

(6) Any licence holder or person having control of a transport service who notifies the Director under subsection (5) of this section that the licence holder or any person having control of the service holds the appropriate certificate required by this section, knowing that that information is incorrect or being reckless as to whether or not it is correct, commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

(1) No person shall drive a taxi or cause or permit another person to drive a taxi unless the driver holds an area knowledge certificate issued by the Director, or by a person or organisation approved under subsection (4)(b) of this section, in respect of that person.

(2) No person driving a taxi shall accept a hire in any area unless the person holds an area knowledge certificate applicable to that area.

(3) Every approved taxi organisation shall notify the Director in writing of its operating area by reference to local authority boundaries.

(4) An area knowledge certificate—

• (a) Shall be in a form prescribed by the Director:

• (b) May be issued by a person or organisation approved by the Director:

• (c) Shall not be issued unless the applicant has passed a test prescribed by or under regulations made under section 66 of this Act, which test shall be conducted in English:

• (d) Shall relate specifically to the operating area (as notified to the appropriate regional council under Part 2 of this Act) of the approved taxi organisation for which the applicant will be driving.

(5) The Director may revoke any approval given under subsection (4)(b) of this section, if the Director considers that the holder of the approval has failed to maintain a standard of competency the Director considers appropriate.

(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who—

• (a) Drives a taxi without holding an area knowledge certificate under this section; or

• (b) Causes or permits to drive a taxi another person who does not hold an area knowledge certificate under this section; or

• (c) While driving a taxi, accepts a hire in any area without holding an area knowledge certificate under this section that is applicable to that area.

(1) Except in accordance with an exemption under subsection (2B) of this section, no person shall, on or after the 1st day of April 1990, drive a small passenger service vehicle or a vehicle recovery service vehicle being used in any transport service unless that person holds a current driver identification card.

(2) A driver identification card—

• (a) Shall be applied for in accordance with the Land Transport Act 1998 and rules made under that Act, and any such application—

  • (i) Shall contain such information as is required by the Land Transport Act 1998 and rules made under that Act; and

  • (ii) May be rejected unless the applicant consents to checks being made as to any criminal or other record or history of the applicant relevant to whether or not the applicant is a fit and proper person to drive a vehicle being used in the relevant transport service; and

  • (iii) Shall be accompanied by the prescribed fee:

• (b) Shall bear a recent photograph of the driver:

• (c) Shall display a unique driver identifier made up of any combination of characters or numbers, or both, approved by the Director as—

  • (i) Being sufficiently memorable to be easily recalled by users of the service provided by the driver; and

  • (ii) Appropriate to identify the driver from other drivers in any transport service:

• (d) Shall display such other information or material as may be required by the Land Transport Act 1998 and rules made under that Act:

• (e) Subject to subsection (2A) of this section, shall be current for such period not exceeding 5 years as may be specified on the card.

(2A) To enable the co-ordination of the documentation relating to the licence concerned, the Director may extend the currency of any driver identification card for any period (not exceeding 12 months) the Director thinks fit.

(2B) Having regard to the nature of the service operated, the Director may exempt any driver, or drivers of any class or description, from the requirements of this section, unconditionally, or subject to any conditions the Director thinks fit.

(3) Where, having regard to the matters specified in section 24 of this Act, the Director is not satisfied that an applicant for a driver identification card is a fit and proper person to drive a small passenger service vehicle or vehicle recovery service vehicle, the Director may—

• (a) Refuse to issue a driver identification card to the applicant; and

• (b) Revoke any licence held by the applicant that authorises the applicant to drive a small passenger service vehicle or a vehicle recovery service vehicle.

(4) Where the Director refuses to issue a driver identification card and revokes any licence under subsection (3) of this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the person concerned of the refusal; and

• (b) Specify the grounds for the refusal; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the person of the right of appeal under section 42 of this Act.

(5) Every person who drives a vehicle in contravention of subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being the driver of a small passenger service vehicle or a vehicle recovery service vehicle being used in a passenger service or a vehicle recovery service, fails to produce his or her driver identification card on being requested to do so by an enforcement officer.

(7) Nothing in this section shall derogate from or affect the power of the Director under any other provision of this or any other Act to revoke, suspend, or otherwise deal with any transport service licence or driver's licence.

(1) Any ambulance operator approved for the purpose by the Director may issue driver identification cards to ambulance drivers employed by the operator.

(2) A driver identification card under this section—

• (a) Shall contain such information as is required by the Director; and

• (b) Shall bear a photograph of the driver; and

• (c) Shall either—

  • (i) Display a unique driver identifier made up of any combinations of characters or numbers, or both, approved by the Director; or

  • (ii) Display the full name of the holder; and

• (d) Shall be current for such period not exceeding 5 years as may be specified on the card.

(3) Nothing in section 19 of this Act shall apply to any person who holds a current driver identification card under this section, so long as that person produces it on being requested to do so by an enforcement officer who is in uniform or produces evidence of identity as an enforcement officer.

(1) No holder of a passenger service licence shall operate under that licence any small passenger service vehicle (being a vehicle that is not exempt from the requirement to display the signs referred to in rule 3 of Part 1 of Schedule 3 to this Act) unless the licence holder is a member of an approved taxi organisation.

(2) Every person who contravenes subsection (1) of this section commits an offence and is liable on conviction to a fine not exceeding $5,000.

(3) Every person who is deemed by section 9(2)(a) of this Act to hold a passenger service licence during the period commencing on the 1st day of November 1989 and ending on the 31st day of March 1990, and who operates a small passenger service vehicle during that period, shall be deemed for the purposes of this section to be a member of an approved taxi organisation during that period.

(4) For the purposes of this section,—

• (a) Every approved taxi organisation that holds a passenger service licence; and

• (b) Every operator who holds a passenger service licence and operates under a contract with an approved taxi organisation—

shall be deemed to be a member of that taxi organisation.

(1) The Director may, on application by any—

• (a) Organisation representing operators of small passenger service vehicles; or

• (b) Person who holds or has made application for a passenger service licence,—

approve that organisation or person as an approved taxi organisation for the purposes of this Act.

(2) Any such application shall—

• (a) Be on the form provided by the Director for the purpose, or one to similar effect; and

• (b) Specify the responsible officer or officers of the proposed organisation; and

• (c) Contain such other information as is required by the Director; and

• (ca) Be accompanied by a copy of the applicant's proposed operating rules; and

• (d) Be accompanied by the prescribed fee; and

• (e) Be published in accordance with the provisions of section 7 of this Act as if it were an application for a transport service licence to which that section applies (and for the purposes of this section subsections (2) to (4) of that section shall also apply to any application made under this section).

(3) After considering any application for approval under this section, the Director shall approve the organisation or person as an approved taxi organisation if the Director is satisfied that—

• (a) The applicant is an organisation or person entitled to make application under subsection (1) of this section, and, in the case of a person who is also an applicant for a passenger service licence, that person has obtained or will obtain such a licence; and

• (b) All persons who will or are likely to have control of the proposed organisation are fit and proper persons to have such control, having regard to the provisions of section 24 of this Act; and

• (ba) The operating rules, rosters, and other internal operating procedures of the proposed organisation are likely to give it adequate control over its members and their drivers; and

• (bc) The members and drivers within the proposed organisation have the ability to meet the requirements of Part 1 of Schedule 3 to this Act; and

• (c) The proposed organisation is likely to be able to provide a 24 hour a day and 7 day a week service in the area it serves in accordance with the requirements of subsection (1)(a) of section 22 of this Act, or such lesser service as may be required pursuant to any exemption granted or likely to be granted under subsection (2) of that section.

(3A) The approval under this section of an organisation or person as an approved taxi organisation shall be deemed to include approval of the proposed operating rules of the organisation or person.

(4) Where the Director refuses to approve an organisation or a person under this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the applicant of that refusal; and

• (b) Specify the grounds for the refusal; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the applicant of the right of appeal under section 42 of this Act.

(5) Every taxi organisation approved by a Licensing Authority under Part 7 of the Transport Act 1962 shall be deemed to have been approved as an approved taxi organisation under this section.

(1) Every approved taxi organisation shall—

• (a) Ensure, through a telephone communications system on which bookings can be made, that the services of its members who operate small passenger service vehicles are available to the public 24 hours a day and 7 days a week, or for such lesser period or in such other manner as may be specified by a regional council as the condition of an exemption granted under subsection (2) of this section; and

• (b) Assign unique fleet numbers to member vehicles; and

• (c) Maintain a register of licence holders who are members of the organisation, their drivers, the unique fleet numbers assigned by the organisation, and the number of vehicles operated by each member; and

• (d) Maintain the register of complaints referred to in rule 11 of Part 1 of Schedule 3 to this Act, and comply with the provisions of that rule; and

• (e) Notify the Director of the granting, revocation, or modification of any exemption under this section, and the conditions of any such exemption, not later than 14 days after the exemption, revocation, or modification was notified to the organisation; and

• (f) Ensure that its members and their drivers hold appropriate current area knowledge certificates where required by section 18A of this Act, and an appropriate ability to communicate in the English language; and

• (g) Ensure that its members and their drivers maintain an adequate knowledge of the organisation's current operating area (as so notified); and

• (h) Notify the Director of any change in its responsible officers; and

• (i) Make the register of licence holders available at reasonable times during normal business hours for inspection by any enforcement officer.

(2) Any regional council in whose region an approved taxi organisation provides a service may, in respect of the service within that region, exempt the organisation from the requirements specified in subsection (1)(a) of this section if, in the opinion of the regional council, public demand does not require such a level of service.

(3) Any such exemption—

• (a) May be subject to such conditions as the regional council may specify:

• (b) May be granted, revoked, or modified by the regional council at any time, after giving such notice and such opportunity to make submissions on the matter as may be reasonable in all the circumstances to both—

  • (i) The approved taxi organisation concerned; and

  • (ii) Any other approved taxi organisation that may be affected by the proposed grant, revocation, or modification of the exemption.

(4) Any approved taxi organisation that fails to comply with—

• (a) Any requirement of subsection (1) of this section; or

• (b) Any condition of an exemption granted under subsection (2) of this section,—

commits an offence and is liable on conviction to a fine not exceeding $10,000.

(4A) Every organisation or person being an approved taxi organisation immediately before the commencement of this subsection shall, within 3 months after being so required by the Director, furnish the Director with a copy of the organisation's operating rules.

(4B) Every approved taxi organisation shall submit to the Director, for the Director's approval, a copy of every amendment to the organisation's approved operating rules.

(4C) The Director shall approve rules and alterations furnished or submitted under subsection (4A) or subsection (4B) of this section if satisfied that the rules or amended rules, as the case may be, are likely to give the organisation adequate control over its members and their drivers.

(4D) Every approved taxi organisation shall ensure that its members and their drivers comply with the organisation's approved operating rules.

(4E) Every approved taxi organisation that contravenes or fails to comply with any of subsections (4A) to (4D) of this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(5) Nothing in subsection (1)(a) of this section shall, before the 1st day of April 1990, apply to an organisation that is deemed by section 21(5) of this Act to be an approved taxi organisation to the extent that the organisation is providing a level of service that would not breach the terms of any approval given before the 1st day of November 1989 by the Licensing Authority under Part 7 of the Transport Act 1962 in respect of that organisation.

(1) The Director may revoke any approval of a taxi organisation given under section 21 of this Act where—

• (a) The organisation has been convicted 3 times or more of an offence against section 22(4) of this Act; or

• (b) The organisation is no longer an organisation or person that would qualify for approval as an approved taxi organisation under section 21(1) of this Act; or

• (c) The Director is satisfied that the organisation, or any person having control of the organisation, is not a fit and proper person to be, or have control of, an approved taxi organisation; or

• (d) The Director is satisfied that the organisation cannot adequately maintain proper control over the activities of its members and their drivers; or

• (e) The Director is satisfied that, by reason of the failure of operators and drivers within the organisation to maintain area knowledge or an appropriate ability to communicate in the English language, the organisation is not a fit and proper person to have control of a taxi organisation.

(2) Before revoking any approval under subsection (1) of this section, the Director shall, in accordance with section 25 of this Act,—

• (a) Notify the organisation of the proposed revocation; and

• (b) Specify the grounds for the proposed revocation; and

• (c) Afford a reasonable opportunity for submissions to be made on the matter; and

• (d) Notify the organisation of the right of appeal under section 42 of this Act.

(1) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act, the Director may have regard to, and may give such relative weight as the Director thinks fit having regard to the degree and nature of the person's involvement in any transport service to, the following matters:

• (a) The person's criminal history (if any):

• (b) Any offending by the person in respect of transport-related offences (including any infringement offences):

• (c) Any history of mental health or serious behavioural problems:

• (d) Any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:

• (e) Any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:

• (f) Any other matter that the Director considers it is appropriate in the public interest to take into account.

(2) Without in any way limiting the matters that the Director may have regard to under subsection (1) of this section,—

• (a) When assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Director shall have particular regard to—

  • (i) Any history of mental health or behavioural problems:

  • (ii) Any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:

  • (iii) Any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

  • (iv) Any persistent offending of any kind:

  • (v) Any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature:

• (b) When assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Director shall have particular regard to—

  • (i) Any history of mental health or behavioural problems that indicate a propensity for violence:

  • (ii) Any offending in respect of offences of violence or sexual offences:

  • (iii) Any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

• (c) When assessing whether or not a person is a fit and proper person in relation to any goods service, the Director shall have particular regard to—

  • (i) Any criminal activity conducted in the course of any transport service or transport-related business or employment:

  • (ii) Any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:

• (d) When assessing whether or not a person is a fit and proper person in relation to any transport service, the Director shall have particular regard to any matter that the Director considers should be taken into account in the interests of public safety or to ensure that the public is protected from serious or organised criminal activity.

(3) In determining whether or not a person is a fit and proper person for any of the purposes of this Act, the Director may have regard to—

• (a) Any conviction for any offence whatsoever, whether or not—

  • (i) The conviction was in a New Zealand Court; or

  • (ii) The offence was committed before the commencement of this Act; or

  • (iii) The person incurred demerit points under this Act in respect of the conviction; and

• (b) The fact that the person has been charged with any offence,—

but shall not be confined to consideration of such matters only, and may take into account such other matters and evidence as the Director considers relevant.

(4) The Director may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—

• (a) Seek and receive such information as the Director thinks fit; and

• (b) Consider information obtained from any source.

(5) If the Director proposes to take into account any information that is or may be prejudicial to the person, the Director shall, subject to subsection (6) of this section and to section 25(4) of this Act, disclose that information to the person and, in accordance with section 25 of this Act, give the person a reasonable opportunity to refute or comment on it.

(6) Nothing in subsection (5) of this section shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(7) Where the Director determines not to disclose any information in reliance on subsection (6) of this section,—

• (a) The Director shall inform the person—

  • (i) Of the fact of non-disclosure; and

  • (ii) That the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and

• (b) The provisions of that Act shall apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

(1) In this section, unless the context otherwise requires,—

(2) Where the Director proposes to make an adverse decision under this Act in respect of any person, other than a decision to suspend a transport service driver under section 16 of this Act, the Director shall, by notice in writing,—

• (a) Notify the person directly affected of the proposed decision; and

• (b) Subject to subsection (4) of this section, inform that person of the grounds for the proposed decision; and

• (c) Specify a date by which submissions may be made to the Director in respect of the proposed decision (which date shall not be less than 21 days after the date on which the notice is given); and

• (d) Where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and

• (e) Notify the person of the person's right of appeal under section 42 of this Act, in the event of the Director proceeding with the proposed decision; and

• (f) Specify such other matters as in any particular case may be required by any provision of this or any other Act.

(3) Where the Director gives a notice under subsection (2) of this section, the Director—

• (a) Shall also supply a copy of the notice to—

  • (i) Any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:

  • (ii) Any affected licence holder, where the Director considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:

• (b) May supply a copy of the notice to any other affected licence holder.

(4) No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 24(5) of this Act except to the extent that—

• (a) The notice or copy is supplied to the person to whom the information relates; or

• (b) That person consents to the supply of that information to any other person.

(5) Where any notice or copy of a notice is given to any person under this section,—

• (a) It shall be the responsibility of the person to ensure that all information that the person wishes to have considered by the Director in relation to the proposed adverse decision is received by the Director within the period specified in the notice pursuant to subsection (2)(c) of this section, or within such further period as the Director may allow in any case:

• (b) The Director may, but shall not be obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a) of this subsection, other than information requested by the Director and supplied by the person within such reasonable time as the Director may specify:

• (c) The Director shall consider any submissions made in accordance with paragraph (a) of this subsection, and any information supplied pursuant to a request referred to in paragraph (b) of this subsection, but shall not be obliged to hear any person on the matter.

(6) After considering the matters referred to in subsection (5)(c) of this section, the Director shall—

• (a) Finally determine whether or not to make the proposed adverse decision; and

• (b) As soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a) of this section, of—

  • (i) The Director's decision; and

  • (ii) Where appropriate, the date on which the decision will take effect; and

  • (iii) Where appropriate, the right of appeal under section 42 of this Act.

(1) No transport service licence may be transferred, leased, or assigned to any person.

(2) Nothing in subsection (1) of this section shall prevent the carrying on of a transport service under a transport service licence that was previously held by a deceased person, for a period not exceeding 6 months following the death of the person,—

• (a) By the personal representative of the deceased person; or

• (b) By any other person pursuant to an arrangement with the personal representative.

(3) Nothing in subsection (1) of this section shall apply in respect of any passenger service licence that was formerly a taxicab-service licence where the lease was granted in accordance with Part 7 of the Transport Act 1962 before the 1st day of November 1989.

(4) Every term or condition in any such lease that is imposed by a Licensing Authority or implied by section 145 of the Transport Act 1962 shall cease to be of effect on and after the 1st day of November 1989.

(1) Every transport service licence shall take effect on the day it is granted and shall continue in force until it is surrendered or revoked under this Act.

(2) Where no vehicle has been operated pursuant to a licence for a period of 2 years, the licence shall be deemed to have been surrendered and shall be revoked by the Director.

The holder of any licence may at any time surrender the licence to the Director.

(1) The Authority shall keep a register of licences granted, suspended, surrendered, and revoked under this Act.

(2) The register shall be available for public inspection at any reasonable time on payment of the prescribed fee (if any).

(1) Every holder of a transport service licence shall—

• (a) Notify the Director of any change in the business or residential address of the holder of the licence:

• (b) Notify the Director of any change in the person or persons having control of the service or the business or residential address of any such person:

• (c) If the licensee or any of the persons referred to in paragraph (a) of this subsection is a body corporate, notify the Director of any change in the person or persons (not being bodies corporate) who in fact have control of that body corporate and any change in the residential address of any such person.

(2) The notification required to be given under subsection (1) of this section shall be given either before the change occurs or within 14 days after it has occurred, and shall include such other identification information as the Director may require.

(3) Nothing in paragraph (b) or paragraph (c) of subsection (1) of this section shall require the notification of any change in the person or persons having control of the service or business, or any change in the residential address of a person to the extent that—

• (a) The person having control—

  • (i) Is an elected member of any local authority, and has control of the service or business in that capacity only; or

  • (ii) Is an officer of the State services or of any Crown agency or local authority, and has control of the service or business by reason only of any position held ex officio in relation to that service or business, unless the Director by notice in writing to the holder of the licence requires any such change or changes to be notified under this section; or

• (b) The Director—

  • (i) By notice in the Gazette in respect of any class of transport service or person; or

  • (ii) By notice to the licence holder concerned, in any particular case,—

  exempts services or persons of that class, or the licence holder, from the requirements of this section.

(3A) References in this section to a person or persons having control of a service or business or body corporate shall, in relation to any holder of a transport service licence, be read as including a person or persons holding a principal management position in the employ of the licence holder, but shall not be read as including persons employed in lower positions.

(4) Every holder of a transport service licence who fails to comply with this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) Every holder of a transport service licence shall ensure that—

• (a) Every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act or regulation made for this purpose are met:

• (b) No vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid.

(2) The holder of any transport service licence shall, whenever required to do so by the Director, present for inspection any vehicle that is used in the service.

(3) No person shall use any vehicle in a transport service if that vehicle has suffered serious damage until the vehicle has been inspected by a person authorised by the Director, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.

(1) Where the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by the Director or an enforcement officer, shall supply forthwith in writing the full name and address of the driver.

(2) Every holder of a licence who in contravention of this section fails to supply the name and address of any driver commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

No certificate of fitness shall be issued on or after the 1st day of June 1990 in respect of any transport service vehicle unless the person issuing the certificate of fitness has been notified of the licence under which the vehicle is being operated.

(1) Where any vehicle is used under a transport service licence but its use under that licence has not been notified under section 33 of this Act, the owner of the vehicle shall obtain from the person using the vehicle under the licence (if that person is not the owner) a certificate of responsibility, in a form prescribed by the Director, indicating that the vehicle is being used in the service, and that in respect of that vehicle the person operating the service may be liable to be prosecuted, and may incur any demerit points, in the case of any offence being committed in relation to the use of the vehicle in that service.

(2) A certificate of responsibility shall be obtained before the vehicle is used in the relevant service unless in the circumstances it is unreasonable to do so.

(3) Every person who obtains a certificate of responsibility in respect of any vehicle registered in his or her name shall retain that certificate for a period of not less than 12 months after the last date to which it relates, and shall produce the certificate on demand by an enforcement officer.

(4) Every person who fails to comply with any of the provisions of subsections (1) to (3) of this section commits an offence and is liable on summary conviction to a fine not exceeding $500.

(5) In any proceedings for an offence against this section it shall be for the holder of the licence under which the vehicle was operated to satisfy the Court that in the circumstances it was unreasonable for a certificate of responsibility to be obtained before the vehicle concerned was used in the transport service.

(1) On and after the 1st day of November 1989 every holder of a goods service licence shall ensure that there is clearly displayed on the outside of both forward doors of every vehicle (not being a trailer) used under the licence the name and business location of the holder of the licence.

(1A) In the case of a goods service vehicle,—

• (a) It shall be sufficient compliance with subsection (1) of this section if the name and business location of the holder is displayed in positions (other than on the outside of both forward doors) approved by the Director:

• (b) The Director may exempt the vehicle from the requirements of subsection (1) of this section if it is a vintage or classic vehicle.

(1B) The Director may give an approval under subsection (1A)(b) of this section only if compliance with subsection (1) of this section would detract from the appearance of the vehicle.

(2) Nothing in subsection (1) of this section shall apply where the vehicle is operated under a certificate of responsibility and the name and business location of the owner of the vehicle is clearly displayed on the outside of the vehicle.

(3) Every holder of a goods service licence who fails to comply with subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) On and after the 1st day of November 1989 every holder of a passenger service licence shall ensure that there is clearly displayed on the outside of every large passenger service vehicle used under the licence the name and business location of the holder of the licence.

(2) The Director may exempt any licence holder from the requirements of subsection (1) of this section for such period and subject to such conditions as the Director may determine.

(3) Nothing in subsection (1) of this section shall apply where the vehicle is operated under a certificate of responsibility and the name and business location of the owner of the vehicle is clearly displayed on the outside of the vehicle.

(4) Every holder of a passenger service licence under which any large passenger service vehicle is used shall ensure that there is maintained a single register of complaints received in respect of the operation of all such vehicles operated under the licence.

(5) The register shall be maintained, and available for inspection at any reasonable time by an enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer, for a period of not less than 2 years following the date of the latest entry in the register.

(6) Every holder of a passenger service licence who fails to comply with subsection (1) or subsection (4) or subsection (5) of this section commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) The rules set out in Part 1 of Schedule 3 to this Act shall apply in respect of every small passenger service vehicle operated under a passenger service licence.

(2) Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any small passenger service vehicle that is not in compliance with any such rule to cease making the vehicle available for hire and to remove the vehicle from any designated stand until such time as the vehicle is in compliance with the rules.

(3) Every holder of a passenger service licence and every driver of a small passenger service vehicle who acts in contravention of or fails to comply with any rule set out in Part 1 of Schedule 3 to this Act, or any direction given by an enforcement officer under subsection (2) of this section, commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) The rules set out in Part 2 of Schedule 3 to this Act shall apply in respect of every vehicle recovery service operated under a vehicle recovery service licence.

(2) Any enforcement officer who is in uniform or who produces evidence of identity as an enforcement officer may direct the driver of any vehicle recovery service vehicle that is not in compliance with any such rule to cease making the vehicle available for towing or carrying until such time as the vehicle is in compliance with the rules.

(3) Every holder of a vehicle recovery service licence and every driver of a vehicle being used in a vehicle recovery service who acts in contravention of or fails to comply with any rule set out in Part 2 of Schedule 3 to this Act, or any direction given by an enforcement officer under subsection (2) of this section, commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) The rules set out in Part 3 of Schedule 3 to this Act shall apply in respect of every rental service operated under a rental licence.

(2) Every holder of a rental service licence who acts in contravention of or fails to comply with any such rule commits an offence and is liable on summary conviction to a fine not exceeding $2,000.

(1) Any person who is dissatisfied with any decision relating to that person and made by the Director under any of sections 6D, 6E, 6F, 10, 11, 14, 15, 16, 19, 21, 23, 39D, 39E, and 39K of this Act may appeal to a District Court against that decision.

(2) It is hereby declared that the exercise of any power conferred on the Director by any provision referred to in subsection (1) of this section is a decision within the meaning of that subsection.

(1) Every appeal under section 42 of this Act shall be brought, by way of originating application, not later than 28 days after the date on which the appellant was notified pursuant to section 25(6) of this Act (or section 16(2)(b) of this Act, in the case of a suspension under that section) of the decision appealed against, or within such further period as the District Court may allow.

(2) In dealing with an appeal under section 42 of this Act,—

• (a) A District Court may hear all evidence tendered and representations made by or on behalf of any party to the appeal that the Court considers relevant to the appeal, whether or not that evidence would be otherwise admissible in that Court; and

• (b) The Court may—

  • (i) Confirm, reverse, or modify the decision appealed against, and make such orders and give such directions to the Director as may be necessary to give effect to the Court's decision; or

  • (ii) Refer the matter back to the Director with directions to reconsider the whole or any specified part of the matter; and

• (c) Subject to this section, every such appeal shall be made and determined in accordance with the District Courts Act 1947 and the rules of Court made under that Act.

(3) Subject to section 45 of this Act, the decision of the District Court on any appeal under section 42 of this Act shall be final.

(1) Every decision of the Director appealed against under section 42 of this Act shall continue in force pending the determination of the appeal, and no person shall be excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

(2) Notwithstanding that any appeal under section 42 of this Act may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with in accordance with the provisions of this Act any licence, driver identification card, approval, or person to which or to whom the appeal related, or any licence, driver identification card, or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

(1) Any party to an appeal under section 42 of this Act who is dissatisfied with the decision of the District Court as being erroneous in point of law may appeal to the High Court on that question of law.

(2) Every appeal under this section shall be heard and determined in accordance with the rules of Court.

(1) Any party to an appeal under section 45 of this Act who is dissatisfied with the decision of the High Court in respect of the appeal as being erroneous in law may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

(2) On any appeal under subsection (1) of this section the Court of Appeal may make such order or determination as it thinks fit.

(3) The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal, shall be final.

(4) Subject to the foregoing provisions of this section, the procedure in respect of any appeal under this section shall be in accordance with the ordinary rules of Court.

(1) In this Part of this Act, unless the context otherwise requires,—

(2) In addition to the matters described in paragraph (d) of the definition (in subsection (1) of this section) of the term regional passenger transport plan, such a plan—

• (a) May specify the conditions of the services the regional council or territorial authority concerned proposes to be provided in its region; and

• (b) Without limiting the generality of paragraph (a) of this subsection, may specify all or any of the following matters:

  • (i) Routes, capacity, frequency of service, and fare structure:

  • (ii) Any special provisions for users of a specified class or description of the services or any of them; and

• (c) May specify any other matters the regional council or territorial authority thinks fit.

(1) Except as provided in subsection (4) of this section, every person who proposes to operate a passenger service on or after the 1st day of July 1991 shall, not later than 21 days before the service is to be commenced, and earlier if possible, notify details of the service, including routes or areas of operation, timetables or operating hours, fares, and such other matters as may be required by the Director or the regional council, to every regional council in whose region the service is to operate.

(2) Except in the case of notices to which section 56(3A) of this Act applies, no notice under this section shall be given before the 1st day of December 1990.

(3) With the consent of the regional council concerned, any notice required by this section to be given by any person may—

• (a) Be given by an organisation on behalf of the person; and

• (b) Relate to any number of services.

(4) Nothing in this section or in section 50 of this Act shall apply in respect of—

• (a) Any region in which the service does not pick up or set down passengers; or

• (b) Any service that is not available to the public generally; or

• (c) Any charter of a large passenger service vehicle.

(5) Notwithstanding subsection (2) of this section, any notice under section 56 of this Act is a sufficient compliance with subsection (1) of this section in respect of the service to which the notice relates; but

• (a) Section 49(1) of this Act shall apply to such a notice given to the regional council concerned before the 1st day of October 1990 as if, for the words “within 21 days of receiving the notice”, there were substituted the words “not later than the 21st day of October 1990”; and

• (b) Nothing in section 54 or section 55 of this Act shall apply in respect of the service concerned if it is a small passenger service being operated under a passenger service licence and is not involved in a scheduled service over a specified route or between or through specified locations.

(1) Subject to section 54 of this Act, a regional council shall, unless it declines registration under subsection (2) of this section, register a passenger service notified to it under section 48 of this Act within 21 days of receiving the notice concerned.

(2) A regional council may decline to register a passenger service under this section where the service proposed—

• (a) Is likely to have a material adverse effect on the financial viability of any contracted service; or

• (b) Is likely to increase the net cost to the regional council of any contracted service; or

• (c) Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region.

(3) Where a regional council declines to accept registration of a passenger service under this section it shall—

• (a) Forthwith advise in writing the person seeking registration of—

  • (i) That decision, and the grounds for the decision; and

  • (ii) If applicable, any date on which the service will be able to be registered; and

• (b) As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the service will be able to be registered.

(1) Except as provided in this section, and subject to section 55 of this Act, the operator of a registered service who wishes to abandon or vary that service shall give not less than 21 days' prior notice in writing to the regional council with which the service is registered.

(2) The regional council may reduce or waive the period of notice required by subsection (1) of this section if it is satisfied that the public would not be unreasonably disadvantaged by the earlier abandonment of or variation to the service.

(3) Any notice required by this section to be given by the holder of a licence may, if the regional council consents, be given by any organisation acting on behalf of a group of holders of such licences and may relate to any number of licence holders.

(4) Subject to section 55 of this Act, the regional council with which the service is registered shall, unless it declines registration under subsection (5) of this section, withdraw registration of the service or, as the case may require, register the variation in the service, on the later of—

• (a) The 21st day after the date on which the notification of abandonment or variation was received by it, or such earlier date as may be appropriate having regard to any waiver of or reduction in the notice required under subsection (2) of this section; or

• (b) The date on which the operator has specified that the service is to be abandoned or varied.

(5) A regional council may decline to register a proposed variation in a service notified to it under this section where the service, as proposed to be varied,—

• (a) Is likely to have a material adverse effect on the financial viability of any contracted service; or

• (b) Is likely to increase the net cost to the regional council of any contracted service; or

• (c) Is contrary to sound traffic management or any other environmental factor identified by the regional council as being of importance to its region.

(6) Where a regional council declines to register any variation of a service under this section, it shall—

• (a) Forthwith advise in writing the person seeking the variation of—

  • (i) That decision, and the grounds for the decision; and

  • (ii) If applicable, any date on which the variation will be able to be registered; and

• (b) As soon as practicable, make publicly available its reasons for the decision and, if applicable, the date when the variation will be able to be registered.

Every person who, on or after the 1st day of July 1991,—

• (a) Operates within any region a passenger service that is not registered within that region; or

• (b) Being the operator of a registered service, without reasonable excuse abandons or varies that service without giving the notice required by section 50 of this Act or in contravention of section 55 of this Act,—

commits an offence and is liable on summary conviction to a fine not exceeding $20,000.

(1) Every regional council shall maintain and make available to the public a current register of all services registered by it under this Part of this Act.

(2) A regional council that fails to comply with the provisions of subsection (1) of this section commits an offence and is liable upon summary conviction to a fine not exceeding $2,000.

Every regional council that registers details of any service under this Part of this Act shall satisfy itself that the information is reasonably readily available to the public free of charge or at a reasonable price, and if it is not so satisfied shall ensure that the information is so available.

(1) Every regional council and every territorial authority that has the functions, powers, and duties of a regional council under this Act shall, in the course of performing its functions, powers, and duties under this Act, consider whether it could most efficiently and effectively perform those functions, powers, and duties by means of its own operations or by contracting out those operations to appropriate persons selected after an appropriate competitive process.

(2) Where a regional council or such a territorial authority considers that other persons can more efficiently and effectively perform any of its functions, powers, and duties under this Act, the council or authority—

• (a) Shall invite tenders for the performance of such functions; and

• (b) If a tender is successful, shall enter into an agreement setting out the terms on which those functions, powers, and duties are to be performed by the other person.

(3) Every regional council and every such territorial authority shall have and may exercise all such powers as are necessary or reasonably expedient to enable it to perform its duties under this section, and such powers and duties are in addition to, and not in substitution for, powers and duties conferred on regional councils and such territorial authorities by any other Act.

(4) Where a regional council or territorial authority invites tenders under subsection (2) of this section, any other regional council or territorial authority may submit a tender and, if successful, enter into an agreement under that subsection.

(5) Despite any other provision of this Act, any regional council referred to in subsection (1) may, in accordance with section 17 of the Local Government Act 2002, and without an appropriate competitive process under this section, transfer any of its functions, powers, and duties under this Act to a territorial authority that has no direct or indirect interest in any passenger service.

(1) Where a regional council has declined under this Part of this Act to register any passenger service or variation in a passenger service, or has refused its consent to the abandonment of a service under section 55 of this Act, the operator of the service may, by way of originating application, within 28 days after being notified of the decision appeal to the District Court against that decision.

(2) On the hearing of an appeal under subsection (1) of this section, the District Court may—

• (a) Confirm, vary, or reverse the decision appealed against, and make such orders and give such directions to the regional council as may be necessary to give effect to the Court's decision; or

• (b) Refer the matter back to the regional council with directions to reconsider the whole or any specified part of the matter.

(3) Subject to this section, every such appeal shall be made and determined in accordance with the District Courts Act 1947 and the rules of Court made under that Act.

(4) Subject to section 60 of this Act, the decision of the District Court on any appeal under this section shall be final.

(1) Any party to an appeal under section 59 of this Act who is dissatisfied with the decision of the District Court as being erroneous in point of law may appeal to the High Court on that question of law.

(2) Any party to any proceedings before the Transitional Licensing Authority who is dissatisfied with any decision of that Authority as being erroneous in point of law may appeal to the High Court on that question of law.

(3) Every appeal under this section shall be heard and determined in accordance with the rules of Court.

(1) Except as otherwise specified in this Act or in regulations made under this Act, where pursuant to this Act any notice or other document is to be given, served on, or furnished to any person, that notice or other document may be—

• (a) Given to the person personally; or

• (b) Sent by registered post to the person at the person's usual or last known place of business or abode; or

• (c) Given personally to any other person authorised to act on behalf of the person; or

• (d) Sent by registered post to that other person at that other person's usual or last known place of business or abode; or

• (e) Except in the case of any notice or document to be given or served in the course of or for the purpose of any court proceedings for an offence against this Act or any appeal under this Act, sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode.

(2) Any notice or other document so sent by post or registered post shall be deemed to have been given, served, or received 7 days after the date on which it was posted, unless the person to whom it was posted proves that, otherwise than through that person's fault, the notice or document was not received.

(1) Every information for an offence against Part 1 of this Act shall be laid by the Director or an enforcement officer.

(2) In the absence of proof to the contrary it shall be presumed that every information for an offence against Part 1 of this Act has been laid by a person authorised to do so under subsection (1) of this section.

In any proceedings for an offence against this Act—

• (a) If it is proved that passengers or goods were carried in or on any motor vehicle, the passengers or goods shall be deemed to have been carried in such a manner as to bring the motor vehicle under the requirements of this Act unless the defendant satisfies the Court to the contrary:

• (b) Any licence or other document issued under this Act or any regulations in force under this Act may be proved by the production of a copy of the licence or document certified to be correct and signed by the Director or by an officer of the Authority authorised in that behalf by the Director:

• (c) Evidence of the contents of the register maintained under section 29 of this Act may be given by a certificate signed by the Director or any officer of the Authority authorised in that behalf by the Director; and every such certificate shall be sufficient evidence of the matters stated in it, until the contrary is proved:

• (d) The production of a certificate signed by the Director or by an officer of the Authority authorised in that behalf by the Director to the effect that on a specified date a person was or was not the holder of any transport service licence or any specified type of transport service licence shall be sufficient evidence of the matter certified, until the contrary is proved:

• (e) Until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by an officer of the Authority authorised by the Director to certify documents or give certificates under this section.

(1) For the purpose of ascertaining whether the provisions of this Act have been or are being complied with by any person to whom this Act applies, any enforcement officer may require that person to produce for inspection any books or records in that person's possession or over which that person has control, including (but not limited to) logbooks, records associated with logbooks, financial records relating to expenditure on fuel, invoices, vehicle maintenance records, depreciation records for vehicles, time and wage records, and waybills.

(2) The enforcement officer may take extracts from or make copies of any books or records so produced.

The provisions of this Act are in addition to and shall not derogate from the provisions of any other Act relating to the licensing, control, or taxation of vehicles or persons using vehicles.

All fees and other money (not being fines, infringement fees, or other penalties) received or recovered for the purposes of this Act shall be paid or credited to the Authority.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

• (a) [Repealed]

• (b) Exempting any service or class or category of service from being a transport service for the purposes of this Act:

• (c) Exempting any vehicle or class or category of vehicle from being a transport service vehicle for the purposes of this Act:

• (ca) [Repealed]

• (cb) [Repealed]

• (cc) [Repealed]

• (cd) Empowering the Director to prescribe tests for the purpose of the issue of an area knowledge certificate under section 18A of this Act; and authorising the Director, in such circumstances as may be specified in the regulations, to require an applicant for or the holder of an area knowledge certificate to undergo such prescribed tests as the Director may specify in writing, including (but not limited to) a second or subsequent test:

• (d) Providing for the furnishing by any person in relation to any transport service carried on by the person of information relating to that service, and prescribing the nature of the information and the form, manner, and time in or at which it is to be furnished:

• (e) Prescribing the matters to be entered in any register of complaints required to be kept pursuant to section 36 of this Act or to any rule set out in Schedule 3 to this Act, and the manner in which such matters are to be entered:

• (f) Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

The Governor-General may from time to time, by Order in Council, amend Schedule 2—

• (a) By omitting any reference to a regulation that has been revoked, and, if appropriate, substituting a reference to the corresponding new regulation:

• (b) By amending any reference to a regulation for the purpose of updating that reference.

(1) Part 6 of the New Zealand Railways Corporation Act 1981 is hereby repealed.

(2) The New Zealand Railways Corporation Act 1981 is hereby amended by inserting, after section 119, the following section:

(1) Part 7 of the Transport Act 1962 is hereby repealed.

(2) The following enactments are hereby consequentially repealed:

• (a) Section 13 of the Transport Amendment Act 1972:

• (b) The Transport Amendment Act (No 3) 1982:

• (c) Sections 3, 4, 6, 7, and 19 to 22 of the Transport Amendment Act (No 2) 1983:

• (d) Sections 20 and 21 of the Transport Amendment Act (No 2) 1985:

• (e) Section 6 of the Transport Amendment Act (No 3) 1985:

• (f) The Transport Amendment Act (No 4) 1985:

• (g) So much of Schedule 2 to the Commerce Act 1986 as relates to the Transport Act 1962:

• (h) Section 53(4) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:

• (i) So much of Schedule 3 to the State-Owned Enterprises Act 1986 as relates to section 105(3) of the Transport Act 1962:

• (j) Sections 30 to 33 of the Transport Amendment Act 1987:

• (k) So much of Part A of Schedule 1 to the State-Owned Enterprises Amendment Act 1987 as relates to the Transport Act 1962.

(3) The following regulations are hereby revoked:

• (a) The Transport (Auckland Harbour Ferry Services) Order 1977 (SR 1977/251):

• (b) The Transport Licensing Regulations 1984 (SR 1984/119):

• (c) The Transport Licensing Regulations 1984, Amendment No 1 (SR 1985/84):

• (d) The Transport Licensing Regulations 1984, Amendment No 3 (SR 1986/85):

• (e) The Transport Licensing Regulations 1984, Amendment No 4 (SR 1987/315):

• (f) The Transport Licensing Regulations 1984, Amendment No 5 (SR 1988/169):

• (g) The Transport Licensing Regulations 1984, Amendment No 6 (SR 1988/245):

• (h) The Transport (School Bus Services) Notice 1988 (SR 1988/257).

(4) This section shall come into force on the 1st day of November 1989.

(1) The following bodies established under Part 7 of the Transport Act 1962 are hereby abolished:

• (a) The Licensing Appeal Authority:

• (b) The Charges Appeal Authority:

• (c) The Deputy Licensing Appeal Authority:

• (d) The Deputy Charges Appeal Authority:

• (e) Every Licensing Authority (including any Licensing Authority for a harbour-ferry service district).

(2) Every member of the bodies abolished by subsection (1) of this section shall vacate office on the commencement of this section, and shall not be entitled to any compensation in respect of such loss of office.

(3) Subject to subsections (4) and (5) of this section and section 71 of this Act, all proceedings that at the commencement of this section are before the bodies abolished by subsection (1) of this section shall lapse.

(4) Where any appeal before the Licensing Appeal Authority has not been determined before the 1st day of November 1989, that appeal shall stand referred to the District Court nearest to the place where the appeal was filed; and that Court and any other District Court to which the matter may be transferred shall have the same jurisdiction in the matter as the Licensing Appeal Authority would have had if it had not been abolished.

(5) Any proceedings under section 140 or section 141 of the Transport Act 1962 that have not been completed before the 1st day of November 1989 shall stand referred to and may be continued before the Transitional Licensing Authority as if that Authority were the Licensing Authority before which the proceedings were commenced.

(6) Nothing in subsection (4) or subsection (5) of this section shall derogate from or affect the power of the Director under this Act to revoke, suspend, or otherwise deal with in accordance with the provisions of this Act any licence that is the subject of proceedings referred to in those subsections.

(7) This section shall come into force on the 1st day of November 1989.

(1) Where a Licensing Authority has—

• (a) Revoked any licence under section 140(9)(a) or section 141(6)(a) of the Transport Act 1962; or

• (b) Suspended any licence under section 140(9)(b) or section 141(6)(b) of the Transport Act 1962,—

that decision shall continue to be of full force and effect, and the licensee shall not be entitled to apply for or to be granted any transport service licence under this Act, or to be named as a person to have control of any transport service to which this Act applies, during the period specified in the decision of the Licensing Authority as the period within which the person is not entitled to apply for a licence, or the period of suspension, as the case may be.

(2) Where a Licensing Authority has imposed any condition on a licence under section 140(9)(c) or section 141(6)(c) of the Transport Act 1962 that condition shall continue to be of full force and effect and shall apply to any licence granted or deemed to be granted to a person under this Act.

(3) Every person who operates any transport service in breach of any condition referred to in subsection (2) of this section commits an offence and is liable on summary conviction to a fine not exceeding $10,000.