(1) This Act may be cited as the Transport Services Licensing Act 1989.

(2) Except as otherwise provided in this Act, this Act shall come into force on the 1st day of October 1989.

2 Interpretation

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

Accident

[Repealed]

Accident: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Accident: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

Approved safety system

[Repealed]

Approved safety system: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Approved safety system: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Approved taxi organisation means a taxi organisation approved or deemed to be approved by the Agency under section 21 of this Act
Business location, in relation to any matter required by this Act to be displayed on any vehicle, means—
- (a) In the case of a licence holder, operator, or approved taxi organisation which has its base location in an urban area, the location of that base by reference to the town or city, and the suburb (if any), in which it is situated:
- (b) In any other case, any description of location by which the base location of the licence holder, operator, or organisation can be easily identified, whether by reference to any road and area, or by reference to the nearest urban area:
Control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)

Designated stand means an area designated by a territorial authority as an area in which small passenger service vehicles, being vehicles that are identified by signs as taxis and that are indicating their availability for hire, may wait for hires

Driver identification card means the driver identification card required by section 19 of this Act to be held by the driver of a small passenger service vehicle or a vehicle recovery service vehicle
enforcement officer—
- (a) means any constable or traffic officer; and
- (b) includes any officer of the Agency acting pursuant to a delegation from the Agency, and any person claiming or appearing to be acting pursuant to any such delegation is, in the absence of evidence to the contrary, presumed to be so acting
Goods service—
- (a) Means—
  - (i) The carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6,000 kilograms or more; and
  - (ii) The carriage of goods on any road for hire or reward by means of a motor vehicle whose gross laden weight is less than 6,000 kilograms:
- (b) Includes—
  - (i) The letting on hire of a motor vehicle whose gross laden weight is 6,000 kilograms or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; and
  - (ii) The carriage of goods by the owner of the goods using a vehicle whose gross laden weight is 6,000 kilograms or more:
- (c) Does not include—
  - (i) A vehicle recovery service; or
  - (ii) A service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
  - (iii) Any carriage of goods by a vehicle being used under a passenger service licence where the goods are in the possession of passengers in that vehicle; or
  - (iv) Any carriage of goods by a small passenger service vehicle being used under a passenger service licence where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
  - (v) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:
Goods service: this definition was amended, as from 1 April 1993, by section 2(2) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by substituting the expression “6,000” for the expression “3,500”.
Goods service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a goods service
Goods service vehicle—
- (a) Means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
- (b) Does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part:
Goods service vehicle: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
Gross laden weight has the same meaning as it has in section 2(1) of the Land Transport Act 1998

Gross laden weight: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

Incident

[Repealed]

Incident: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Incident: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Large passenger service vehicle means any passenger service vehicle other than a small passenger service vehicle

Light rail vehicle

[Repealed]

Light rail vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Light rail vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Ministry

[Repealed]

Ministry: this definition was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).

Motor vehicle has the same meaning as it has in section 2(1) of the Land Transport Act 1998

Motor vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Motor vehicle: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

Notify means to notify in writing; and notification has a corresponding meaning

Parking warden means a parking warden appointed or deemed to be appointed under section 7 of the Transport Act 1962
Passenger service means, subject to section 47 of this Act,—
- (a) The carriage of passengers on any road for hire or reward by means of a motor vehicle; and includes the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; and
- (b) The carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle;—
but does not include any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part
Passenger service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a passenger service

Passenger service vehicle means a vehicle used or available for use in a passenger service for the carriage of passengers; but does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part

Proposed safety system

[Repealed]

Proposed safety system: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Proposed safety system: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Railway line

[Repealed]

Railway line: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Railway line: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Rail service

[Repealed]

Rail service: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Rail service: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Rail service operator

[Repealed]

Rail service operator: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Rail service operator: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Rail service vehicle

[Repealed]

Rail service vehicle: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Rail service vehicle: this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
regional council—
- (a) means a regional council within the meaning of the Local Government Act 2002; and
- (b) includes—
  - (i) the Auckland Regional Transport Authority established by section 7 of the Local Government (Auckland) Amendment Act 2004; and
  - (ii) a territorial authority within the meaning of the Local Government Act 2002 that has under this Act the functions, duties, and powers of a regional council under this Act; but
- (c) does not include the Auckland Regional Council, and the Waikato Regional Council in relation to that part of its region within the district of the Franklin District Council
regional council: this definition was amended, as from 1 July 1992, by section 2(2) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by inserting the words “; and includes any territorial authority under this Act”.

regional council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

regional council: this definition was substituted, as from 1 December 2004, by section 46 Local Government (Auckland) Amendment Act 2004 (2004 No 57). See clause 2 Local Government (Auckland) Amendment Act Commencement Order 2004 (SR 2004/399).
Rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—
- (a) The letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
- (b) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:
Rental service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a rental service

Rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part

Secretary

[Repealed]

Secretary: this definition was repealed, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88).
Service includes—
- (a) An operation carried out on one occasion only:
- (b) An operation carried out solely for the benefit of the persons carrying it out:
Small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)

Taxi means a small passenger service vehicle that is being operated under a passenger service licence but is not for the time being exempt from the provisions of any of rules 3(1), 12(1), 16(1), and 19 of Part 1 of Schedule 3 to this Act

Taxi: this definition was inserted, as from 1 April 1993, by section 2 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Traffic officer means an enforcement officer under the Land Transport Act 1998

Traffic officer: this definition was substituted, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

Transit New Zealand

[Repealed]

Transit New Zealand: this definition was repealed, as from 13 November 2003, by section 90 Land Transport Management Act 2003 (2003 No 118).
Transport service—
- (a) Means any goods service, passenger service, rental service, or vehicle recovery service; but
- (b) Does not include any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:
Transport service: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Transport service: paragraph (a) of this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words “rail service,”. See sections 105 to 111 of that Act as to the transitional provisions.
Transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service, whether or not that person is licensed or required to hold a licence to drive such a vehicle

Transport service driver: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
Transport service licence means any of the following licences granted or deemed to be granted under section 8 or section 9 of this Act
- (a) A goods service licence:
- (b) A passenger service licence:
- (c) [Repealed]
- (d) A rental service licence:
- (e) A vehicle recovery service licence:
Transport service licence: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Transport service licence: paragraph (c) of this definition was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
Transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle

Transport service vehicle: this definition was substituted, as from 1 April 1993, by section 2(1) Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Transport service vehicle: this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words “rail service vehicle,”. See sections 105 to 111 of that Act as to the transitional provisions.

Unique identifier means the unique identifier required by section 19(2)(c) of this Act to be specified on a driver identification card
Vehicle recovery service means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but does not include—
- (a) The towing or carrying of any motorcycle or moped; or
- (b) The towing or carrying of one motor vehicle by another where—
  - (i) The towing or carrying is not carried out directly or indirectly for reward; and
  - (ii) The towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
- (c) The towing or carrying of a vehicle by a person who owns the vehicle; or
- (d) Any service where the Agency has in writing notified the operator that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
- (e) Any service specified as an exempt service in Part 1 of Schedule 1 to this Act or in regulations referred to in that Part:
Vehicle recovery service licence means a licence granted or deemed to be granted under section 8 or section 9 of this Act that authorises its holder to carry on a vehicle recovery service

Vehicle recovery service vehicle means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but does not include any vehicle specified as an exempt vehicle in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part.
(2) Terms defined in the Land Transport Act 1998 shall, unless the context otherwise requires, and to the extent that they are not inconsistent with the provisions of this section or any other provision of this Act, have the meaning so defined for the purposes of this Act.

(3) Where any service includes vehicles that are specified as exempt vehicles in Part 2 of Schedule 1 to this Act or in regulations referred to in that Part, the operation of those vehicles shall not be treated as part of the operation of the service.

Section 2 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Section 2(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) approved taxi organisation: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) enforcement officer: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Enforcement officer: this definition was amended, as from 1 July 1992, by section 2(1) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by substituting the word “constable” for the words “member of the Police”.

Enforcement officer: this definition was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority” for the word “Ministry”.

Section 2(1) Transit: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2(1) vehicle recovery service paragraph (d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subsection (2) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.

3 Act to bind the Crown

(1) Except as provided in subsection (2) of this section, this Act shall bind the Crown.
(2) No transport service licence in respect of any transport service operated by—
- (a) The Armed Forces; or
- (b) The Fire Services Commission; or
- (c) The Police; or
- (d) Any emergency service organisation approved by the Agency for the purposes of this section,—
shall be capable of being suspended or revoked for any reason.
Section 3 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the word “Secretary”.

Section 3(2)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

3A Application of Act to rail service operators

[Repealed]

Section 3A was inserted, as from 1 April 1993, by section 3 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 3A was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Part 1
Transport services licensing

4 Classes of transport service

[Repealed]

Section 4: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

5 Transport services to be licensed

[Repealed]

Section 5: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

6 Application for transport service licence

[Repealed]

Section 6: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

6A Application for rail service licence

[Repealed]

Section 6A was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6B Proposed safety system

[Repealed]

Section 6B was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6B was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6C Matters to be taken into account in considering proposed safety system

[Repealed]

Section 6C was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6C was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6D Approval of safety system

[Repealed]

Section 6D was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6D was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6E Application by operator to vary approved safety system

[Repealed]

Section 6E was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6E was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6F Variation of safety system by Director

[Repealed]

Section 6F was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6F was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6G Procedure for variation of safety systems

[Repealed]

Section 6G was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6G was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

6H Relationship between this Act and Health and Safety in Employment Act 1992

[Repealed]

Section 6H was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6H was repealed, as from 5 May 2003, by section 36 Health and Safety in Employment Amendment Act 2002 (2002 No 86).

6I Notice to be given to applicant

[Repealed]

Section 6I was inserted, as from 1 April 1993, by section 6 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 6I was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 6A to 6I were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

7 Public notice to be given of application for certain licences

[Repealed]

Section 7: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

8 Grant of licence

[Repealed]

Section 8: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

9 Rights of existing licence holders and operators

[Repealed]

Section 9: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

9A Rights of existing rail service operators

[Repealed]

Section 9A was inserted, as from 1 April 1993, by section 9 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 9A was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Section 9A was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

10 Refusal to grant transport service licence

[Repealed]

Section 10: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

11 Revocation of transport service licence

[Repealed]

Section 11: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

12 Demerit points system for operators and drivers

[Repealed]

Section 12: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

13 Director to give notice when 100 demerit points incurred

[Repealed]

Section 13: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

14 Disqualification of operator or driver where 200 demerit points incurred

[Repealed]

Section 14: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

15 Disqualification of transport service driver

[Repealed]

Section 15: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

16 Immediate suspension of driver in interests of public safety, etc

[Repealed]

Section 16: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

17 Effect of disqualification or suspension of transport service driver

[Repealed]

Section 17: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

18 Certificate of knowledge of law and practice required for transport service operations

[Repealed]

Section 18: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

18A Area knowledge certificate required by taxi drivers

[Repealed]

Section 18A: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

19 Drivers of small passenger vehicles and vehicle recovery service vehicles to hold photographic driver identification card

[Repealed]

Section 19: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

19A Ambulance drivers

[Repealed]

Section 19A: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

20 Operator of small passenger service vehicle to be member of approved taxi organisation

[Repealed]

Section 20: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

21 Approved taxi organisations

[Repealed]

Section 21: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

22 Requirements relating to approved taxi organisations

[Repealed]

Section 22: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

23 Revocation of approval of approved taxi organisation

[Repealed]

Section 23: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

24 Criteria for fit and proper person test

[Repealed]

Section 24: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

25 Rights of persons affected in relation to adverse decisions

[Repealed]

Section 25: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

26 Transfer of licence prohibited

[Repealed]

Section 26: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

27 Licence to continue in force until surrendered or revoked

[Repealed]

Section 27: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

28 Surrender of licences

[Repealed]

Section 28: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

29 Register of licences

[Repealed]

Section 29: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Duties of licence holders

[Repealed]

Heading: repealed, on 1 October 2007, pursuant to section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

30 Licence holder to notify changes to Director

[Repealed]

Section 30: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

31 Requirements as to vehicles

[Repealed]

Section 31: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

32 Licence holder to disclose name of driver of vehicle

[Repealed]

Section 32: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

33 Notification of vehicles used in transport service

[Repealed]

Section 33: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

34 Certificate of responsibility where person other than owner operates vehicle under licence

[Repealed]

Section 34: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

35 Goods service licence holder to display identification on vehicles

[Repealed]

Section 35: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

36 Licence holder to display identification on large passenger service vehicles, and maintain complaints register

[Repealed]

Section 36: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Transport service rules

[Repealed]

Heading: repealed, on 1 October 2007, pursuant to section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

37 Small passenger service rules

[Repealed]

Section 37: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

38 Vehicle recovery service rules

[Repealed]

Section 38: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

39 Rental service rules

[Repealed]

Section 39: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Requirements of rail service participants

[Repealed]

The heading “Requirements of rail service participants” was inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).
This heading was repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). It previously read “Requirements of rail service participants”

39A Operator's duty to report accidents and incidents

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39A was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39B Functions and duties of Director

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39B was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39C Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39C was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39D Power of Director to impose conditions or suspend rail service licence

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39D was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39E Power of Director to impose prohibition or conditions or to detain or immobilise rail service vehicles

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39E was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39F Regular audit of safety system

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Subsection (1) was substituted, as from 20 August 1993, by 35(1), Land Transport Act 1993.

Section 39F was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39G Appointment of safety auditors

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39G was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39H Functions and duties of safety auditors

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Subsection (1)(a) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “a rail service operator” for the words “the Secretary”.

Section 39H was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred, with the exception of subs (1)(a).

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39I Regular safety audit report

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39I was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39J Matters to be included in regular safety audit report

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39J was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39K Notification of requirement for improvements

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39K was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39L Supplementary audit of rail service

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39L was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39M Extension of time to effect improvements and repairs

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39M was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39N Special safety audits

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Subsection (1) was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “an” for the word “the” (where it secondly occurred).

Section 39N was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39O Special audit report

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39O was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

39P Power of entry of safety auditor carrying out special safety audit

[Repealed]

Sections 39A to 39P were inserted, as from 1 April 1993, by section 21 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Section 39P was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Sections 39A to 39P were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Passenger Complaints Board

[Repealed]

The heading “Passenger Complaints Board” was repealed, as from 10 April 1992, by section 2(2) Transport Services Licensing Amendment Act 1992 (1992 No 28).

40 Constitution of Passenger Complaints Board

[Repealed]

Sections 40 and 41 were repealed, as from 10 April 1992, by section 2(2) Transport Services Licensing Amendment Act 1992 (1992 No 28).

41 Functions of Passenger Complaints Board

[Repealed]

Sections 40 and 41 were repealed, as from 10 April 1992, by section 2(2) Transport Services Licensing Amendment Act 1992 (1992 No 28).

Appeals

[Repealed]

Heading: repealed, on 1 October 2007, pursuant to section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

42 Appeal to District Court

[Repealed]

Section 42: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

43 Procedure

[Repealed]

Section 43: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

44 Decision of Director to continue in force pending appeal, etc

[Repealed]

Section 44: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

45 Appeal to High Court on question of law

[Repealed]

Section 45: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

46 Further appeal to Court of Appeal

[Repealed]

Section 46: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Part 2
Registration of road, rail, and other passenger services

47 Interpretation

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

Contracted service, in respect of a passenger service, means a specified service in respect of which a regional council has contracted to pay for the supply of that service, and, to the extent that a regional council has contracted to pay for the supply of part only of a specified service, means that part
Passenger service,—
- (a) Subject to paragraph (b) of this definition, means—
  - (i) Any passenger service within the meaning of section 2(1) of this Act; and
  - (ii) Except in section 57 of this Act (other than to the extent specified in subsection (3) of that section), any harbour ferry service, passenger rail service, cable car, hovercraft, monorail, tramway, or other form of public transport (other than air transport) that is available to the public generally; but
- (b) Does not include an ambulance service:
Passenger service: substituted, as from 31 August 1990, by section 4(1) Transport Services Licensing Amendment Act 1990 (1990 No 123).
Regional passenger transport plan means a plan (identified as a regional passenger transport plan)—
- (a) Prepared by a regional council or a territorial authority that has the functions, powers, and duties of a regional council under this Act; and
- (b) Prepared in consultation with the public and the constituent authorities (if any) in the region concerned; and
- (c) Made available to the public; and
- (d) Specifying the passenger services the regional council or territorial authority proposes to be provided in its region or district, both generally and in respect of the transport disadvantaged:
Regional passenger transport plan: substituted, as from 31 August 1990, by section 4(1) Transport Services Licensing Amendment Act 1990 (1990 No 123).

Regional passenger transport plan: further substituted, as from 1 July 1992, by section 3(1) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).
Registered service means—
- (a) In respect of a passenger service, a passenger service registered under section 49 of this Act; and
- (b) In respect of a specified service, any part of the service that is so registered;—
and includes a contracted service
Specified service means a passenger service specified in a regional passenger transport plan.
(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.
Subsection (2) was inserted, as from 31 August 1990, by section 4(2) Transport Services Licensing Amendment Act 1990 (1990 No 123).

Subsection (2) was amended, as from 1 July 1992, by section 3(2) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by substituting the expression “paragraph (d)” for the expression “paragraph b”.

Subsection (2) was amended, as from 1 July 1992, by section 3(2) Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69) by inserting in two places the words “or territorial authority”.

48 Passenger services operated on or after 1 July 1991 to be notified to regional council

(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 Agency 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.
Section 48(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subsection (1) was amended, as from 31 August 1990, by section 5(1) Transport Services Licensing Amendment Act 1990 (1990 No 123) by substituting the word “person” for the words “holder of a passenger service licence”.

Subsections (2) and (3) were substituted, as from 31 August 1990, by section 5(2) Transport Services Licensing Amendment Act 1990 (1990 No 123).

Subsection (5) was inserted, as from 31 August 1990, by section 5(3) Transport Services Licensing Amendment Act 1990 (1990 No 123).

Section 48 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

49 Registration of notified service

(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.
Subsection (1) was amended, as from 31 August 1990, by section 6 Transport Service Licensing Amendment Act 1990 (1990 No 123) by substituting the words “notice concerned” for the word “notification”.

50 Abandonment or variation of registered service

(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.

51 Operation of unregistered service, etc

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.
Section 51 (that part before paragraph (a)) was amended, as from 1 April 1993, by section 23 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by substituting the word “person” for the words “holder of a passenger service licence”.

Paragraph (a) was amended, as from 1 April 1993, by section 23 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by inserting the word “passenger”.

52 Regional council to make register of services available to public

(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.

53 Regional council to ensure passenger transport information available

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.

53A Regional councils to consider contracting out functions under Act

(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.

Section 53A was inserted, as from 1 July 1992, by section 4 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

Subsection (5) was inserted, as from 29 July 1995, by section 2 Transport Services Licensing Amendment Act 1995 (1995 No 47).

Subsection (5) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

Restrictions on registration, etc, for period 1 February 1991 to 31 January 1992

The heading “Restrictions on registration, etc, for period 1 February 1991 to 31 January 1992” was repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

54 Restrictions on registration and variation of services between 1 February 1991 and 31 October 1991

[Repealed]

Sections 54 to 58 were repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

55 Abandonment or variation of service registered before 1 February 1991

[Repealed]

Sections 54 to 58 were repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

Requirements relating to taxi services and scheduled passenger services for period 1 November 1989 to 30 June 1991

The heading “Requirements relating to taxi services and scheduled passenger services for period 1 November 1989 to 30 June 1991” was repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

56 Small passenger vehicle services to be notified to regional council

[Repealed]

Sections 54 to 58 were repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

57 Restriction on scheduled passenger services for period 1 November 1989 to 30 June 1991

[Repealed]

Sections 54 to 58 were repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

58 Transitional Licensing Authority

[Repealed]

Sections 54 to 58 were repealed, as from 1 July 1992, by section 5 Transport Services Licensing Amendment Act (No 2) 1992 (1992 No 69).

Appeals

59 Appeal to District Court

(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.

60 Appeal to High Court from District Court or Transitional Licensing Authority on question of law

(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.

Part 3
Miscellaneous

61 Notices

(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.

62 Information for offences

(1) Every information for an offence against Part 1 of this Act shall be laid by the Agency 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.

Compare: 1962 No 135 s 170

Section 62 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Section 62(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

63 Evidence and proof

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 an officer of the Agency authorised in that behalf by the Agency:
- (c) Evidence of the contents of the register maintained under section 29 of this Act may be given by a certificate signed by an officer of the Agency authorised in that behalf by the Agency; 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 an officer of the Agency authorised in that behalf by the Agency 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 an officer of the Agency authorised by the Agency to certify documents or give certificates under this section.
Compare: 1962 No 135 s 171

Paragraph (a) was amended, as from 20 August 1993, by section 24 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109) by inserting in two places the words “or rail service vehicle”.

Paragraph (a) was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by omitting the words “or rail service vehicle” in both places where they appear. See sections 105 to 111 of that Act as to the transitional provisions.

Section 63 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority” for the word “Ministry” wherever it occurred, and by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Section 63(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 63(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 63(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 63(e): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

63A Power to inspect records

(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.

Section 63A was inserted, as from 1 April 1993, by section 25 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

64 Requirements of Act additional to other requirements

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.

Compare: 1962 No 135 s 175

65 Application of fees, etc

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 Agency.

Compare: 1962 No 135 s 177

Section 65: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 65 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the words “shall be paid or credited to the Authority” for the words “and payable to the Crown shall by paid or credited to the Ministry's Departmental Bank Account”.

Section 65 was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “for the purposes of this Act” for the words “under this Act”.

66 Regulations

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) [Repealed]
- (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) [Repealed]
- (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.
Paragraph (a) was repealed, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110).

Paragraphs (ca) to (cd) were inserted, as from 1 April 1993, by section 26 Transport Services Licensing Amendment Act (No 3) 1992 (1992 No 109).

Paragraphs (ca), (cb) and (cc) were repealed, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.

Section 66(cd): repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 66(e): repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 66 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

66A Schedules referring to offences may be amended by Order in Council

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.
Section 66A was inserted, as from 30 April 1997, by section 2 Transport Services Licensing Amendment Act 1997 (1997 No 5).

Amendments, repeals, revocations, and savings

67

[Repealed]

Section 67 was repealed, as from 10 April 1992, by section 2(2) Transport Services Licensing Amendment Act 1992 (1992 No 28).

68 Amending New Zealand Railways Corporation Act 1981

(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:
“119A Application of certain road transport Acts to Corporation

Notwithstanding section 4(1) of this Act, or any other enactment or rule of law, proceedings for any offence committed on or after the 1st day of November 1989 against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or the Transport Services Licensing Act 1989, or any regulations or bylaws made under any of those Acts, may be brought against the Corporation as if the Corporation were not an instrument of the Executive Government of New Zealand for the purposes of those Acts.”

69 Repeals and revocations

(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.

70 Bodies abolished under section 69 of this Act

(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 Agency 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.

Section 70 was amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by substituting the word “Director” for the words “Secretary” and “Secretary for Transport”, wherever either term occurred.

Section 70(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

71 Certain decisions of Licensing Authorities to continue to have effect

(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.

Section 2

[Repealed]

Schedule 1: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 12

[Repealed]

Schedule 2: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Sections 37, 38, and 39

[Repealed]

Schedule 3: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Section 58

[Repealed]

Schedule 4: repealed, on 1 October 2007, by section 95(3) of the Land Transport Amendment Act 2005 (2005 No 77).

Land Transport Amendment Act 2005

Public Act	2005 No 77
Date of assent	21 June 2005
Commencement	see section 2

1 Title

(1) This Act is the Land Transport Amendment Act 2005.

(2) In this Act, the Land Transport Act 1998 is called “the principal Act”.

2 Commencement

(1) Sections 11 to 16, 21, 24, 30(2), 31 to 34, 36, 43, 44, 46 to 50, 52 to 55, 65, 75, 81, 82(1), (3), (4), and (5), 84, 95(1), (2), and (9), 95(12), 98, and 99 come into force—
- (a) on 16 January 2006; or
- (b) on an earlier date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions.
(2) Sections 4(1), 4(3), 4(5) to (8), 4(13), 5, 18, 19, 29, 38 to 40, 42, 45, 51, 56, 61 to 63, 66 to 69, 71 to 73, 77, 78(2), 79, 82(2), 83, 85, 86, 91(2) to (6), 91(8), 91(9), 93, 94(1), 95(3) and (4), 95(6), 95(8), 95(11), 96, 97, and 100 come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions.

(3) The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.

Section 2(2): sections 4(1), 4(3), 4(5) to (8), 4(13), 5, 18, 19, 29, 38 to 40, 42, 45, 51, 56, 61 to 63, 66 to 69, 71 to 73, 77, 78(2), 79, 82(2), 83, 85, 86, 91(2) to (6), 91(8), 91(9), 93, 94(1), 95(3) and (4), 95(6), 95(8), 95(11), 96, 97, and 100 brought into force, on 1 October 2007, by clause 2 of the Land Transport Amendment Act 2005 Commencement Order 2007 (SR 2007/232).

Part 2
Amendments to principal Act

Subpart 2—Repeals, amendments, and transitional and savings provisions

Other consequential amendments

95 Repeals, revocations, and consequential amendments

(1) Amendment incorporated in the principal Act
(2) Despite the repeal of the Boilers, Lifts, and Cranes Act 1950 by subsection (1), the Engine Drivers' Examination Regulations 1952 (SR 1952/149 and SR 1968/170), Inspection of Boilers Order 1958 (SR 1959/116), and Tram-Drivers Regulations 1947 (SR 1947/22)—
- (a) continue in force as if that Act had not been repealed; and
- (b) may be amended or revoked in the same manner in which they could have been amended or revoked under that Act.
(3) Amendments incorporated in the principal Act
(4) Despite the repeal of those sections of the Transport Services Licensing Act 1989 by subsection (3), the Transport Services Licensing Regulations 1989 (SR 1989/313)—
- (a) continue in force as if those sections had not been repealed; and
- (b) may be amended or revoked in the same manner in which they could have been amended or revoked under that Act.
(5) Amendments incorporated in the principal Act

(6) Amendments incorporated in the principal Act

(7) Amendments incorporated in the principal Act

(8) Amendments incorporated in the principal Act

(9) Amendments incorporated in the principal Act

(10) Amendments incorporated in the principal Act

(11) Amendments incorporated in the principal Act

(12) Amendments incorporated in the principal Act

Public Transport Management Act 2008

Public Act	2008 No 87
Date of assent	25 September 2008
Commencement	see section 2

1 Title

This Act is the Public Transport Management Act 2008.

2 Commencement

This Act comes into force on 1 January 2009.

Part 2
Regulation of public transport

Subpart 3—Miscellaneous

Transitional and savings provisions

64 Transitional provision for existing registered services

(1) A passenger service (or any part of a passenger service) that, before the commencement of this Act, was not a contracted service under Part 2 of the Transport Services Licensing Act 1989 but was registered under section 49 of the Transport Services Licensing Act 1989 is to be treated as a registered commercial public transport service under this Act.
(2) Subsection (1) does not apply to the following services:
- (a) taxi services; and
- (b) shuttle services; and
- (c) private hire services.
(3) A passenger service that, before the commencement of this Act, was a contracted service under Part 2 of the Transport Services Licensing Act 1989, and a registered service under that Act, is to be treated as a contracted public transport service that is a registered service under this Act.

(4) For the purposes of this section, passenger service means a passenger service as defined in section 47 of the Transport Services Licensing Act 1989, as if that Act were still in force.

65 Transitional provision for notifications received but not processed before commencement of Act

A notification received under the Transport Services Licensing Act 1989 but not processed before the commencement of this Act is to be treated as a notification received under section 32, 36, or 46, as the case may require.

66 Transitional provision for existing regional passenger transport plans

(1) Except in the Auckland region, a regional council must adopt a regional public transport plan under section 9 at the same time or as soon as is reasonably practicable after the regional council has approved a regional land transport strategy for the first time after the commencement of this Act but in any case not later than 3 years after the commencement of this Act, if section 9(1) applies.

(2) In the Auckland region, ARTA must adopt a regional public transport plan under section 9 as soon as is reasonably practicable after the Auckland Regional Council has approved a regional land transport strategy for the first time after the commencement of this Act but in any case not later than 3 years after the commencement of this Act, if section 9(1) applies.

(3) A regional passenger transport plan prepared by a regional council under the Transport Services Licensing Act 1989 expires when the regional council adopts a regional public transport plan in accordance with subsection (1) or (2) or 3 years after the commencement of this Act, whichever is earlier.

(4) Subject to subsection (5) or (6), until a regional council’s regional passenger transport plan prepared under the Transport Services Licensing Act 1989 expires under subsection (3), that regional passenger transport plan remains in effect as if that Act (immediately before the commencement of this Act) was still in force.

(5) If a regional passenger transport plan remains in effect under subsection (4), a regional council may not vary the plan to include a control under section 13.
(6) Sections 14(a)(iii)(B), 18J(2)(c)(ii), 19B(b)(ii), 20(3)(c), 48(1)(c)(i), 58(1)(c), 65J(b)(iii), 82, 105(13) of the Land Transport Management Act 2003 apply as if section 77(h) of that Act were not repealed under section 63(2) if a regional passenger transport plan (other than a plan that relates to the Auckland region) continues in effect under subsection (4) and—
- (a) is or, immediately before the commencement of this Act, was contained in a regional land transport strategy that has been approved or continued in accordance with the Land Transport Management Act 2003; or
- (b) would have been required to be contained in a regional land transport strategy but for the repeal of section 77(h) of the Land Transport Management Act 2003.

67 Transitional provisions for register of services

(1) Subject to subsection (2), the register of services established under Part 2 of the Transport Services Licensing Act 1989 is to be treated as the register of services established under this Act.

(2) All entries in the register of services established under Part 2 of the Transport Services Licensing Act 1989 in relation to taxi services, shuttle services, and private hire services are to be treated as expunged and deleted.

68 Transitional provisions for regional councils and ARTA

(1) Except in the Auckland region, a regional council may adopt a regional public transport plan for the first time under this Act at the same time as it approves a regional land transport programme under the Land Transport Management Act 2003.

(2) ARTA may prepare and adopt a regional public transport plan for the first time under this Act at the same time as it prepares and approves a regional land transport programme under the Land Transport Management Act 2003.

1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)

Notes

1 General

This is an eprint of the Transport Services Licensing Act 1989. It incorporates all the amendments to the Act as at 1 January 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint

This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official” under “Status of legislation on this site” in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)

Public Transport Management Act 2008 (2008 No 87): section 63(1)

Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)

Land Transport Amendment Act 2005 (2005 No 77): section 95(3)

Transport Services Licensing Act 1989

Transport Services Licensing Act 1989

Transport Services Licensing Act 1989

Note

Contents

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

3A Application of Act to rail service operators

Part 1Transport services licensing

4 Classes of transport service

5 Transport services to be licensed

6 Application for transport service licence

6A Application for rail service licence

6B Proposed safety system

6C Matters to be taken into account in considering proposed safety system

6D Approval of safety system

6E Application by operator to vary approved safety system

6F Variation of safety system by Director

6G Procedure for variation of safety systems

6H Relationship between this Act and Health and Safety in Employment Act 1992

6I Notice to be given to applicant

7 Public notice to be given of application for certain licences

8 Grant of licence

9 Rights of existing licence holders and operators

9A Rights of existing rail service operators

10 Refusal to grant transport service licence

11 Revocation of transport service licence

12 Demerit points system for operators and drivers

13 Director to give notice when 100 demerit points incurred

14 Disqualification of operator or driver where 200 demerit points incurred

15 Disqualification of transport service driver

16 Immediate suspension of driver in interests of public safety, etc

17 Effect of disqualification or suspension of transport service driver

18 Certificate of knowledge of law and practice required for transport service operations

18A Area knowledge certificate required by taxi drivers

19 Drivers of small passenger vehicles and vehicle recovery service vehicles to hold photographic driver identification card

19A Ambulance drivers

20 Operator of small passenger service vehicle to be member of approved taxi organisation

21 Approved taxi organisations

22 Requirements relating to approved taxi organisations

23 Revocation of approval of approved taxi organisation

24 Criteria for fit and proper person test

25 Rights of persons affected in relation to adverse decisions

26 Transfer of licence prohibited

27 Licence to continue in force until surrendered or revoked

28 Surrender of licences

29 Register of licences

Duties of licence holders

30 Licence holder to notify changes to Director

31 Requirements as to vehicles

32 Licence holder to disclose name of driver of vehicle

33 Notification of vehicles used in transport service

34 Certificate of responsibility where person other than owner operates vehicle under licence

35 Goods service licence holder to display identification on vehicles

36 Licence holder to display identification on large passenger service vehicles, and maintain complaints register

Transport service rules

37 Small passenger service rules

38 Vehicle recovery service rules

39 Rental service rules

Requirements of rail service participants

39A Operator's duty to report accidents and incidents

39B Functions and duties of Director

39C Duty of Director to notify accidents and incidents to Transport Accident Investigation Commission

39D Power of Director to impose conditions or suspend rail service licence

39E Power of Director to impose prohibition or conditions or to detain or immobilise rail service vehicles

39F Regular audit of safety system

39G Appointment of safety auditors

39H Functions and duties of safety auditors

39I Regular safety audit report

39J Matters to be included in regular safety audit report

39K Notification of requirement for improvements

39L Supplementary audit of rail service

39M Extension of time to effect improvements and repairs

39N Special safety audits

39O Special audit report

39P Power of entry of safety auditor carrying out special safety audit

Passenger Complaints Board

40 Constitution of Passenger Complaints Board

41 Functions of Passenger Complaints Board

Part 1
Transport services licensing

Part 2
Registration of road, rail, and other passenger services

Part 3
Miscellaneous

Schedule 1
Exempt transport services and vehicles

Schedule 2
Demerit points

Schedule 3
Transport service rules

Schedule 4
Transitional Licensing Authority

Part 2
Amendments to principal Act

Part 2
Regulation of public transport