Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010
Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010: revoked, on 1 May 2011, by regulation 97(a) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (SR 2011/79).
Reprint
as at 1 May 2011
Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010
(SR 2010/87)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 12th day of April 2010
Present:
His Excellency the Governor-General in Council
Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010: revoked, on 1 May 2011, by regulation 97(a) of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (SR 2011/79).
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry of Transport.
Pursuant to sections 241(3) and (7)(b) and 269(1)(p)(i) and (t) and (3) of the Land Transport Act 1998, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
4 Application under section 241(3)(a) and (4)
5 Applicants who are individuals
6 Applicants wanting authorisation for business
7 Applicants that are representative bodies
9 Application processing fee under section 241(3)(b)
Regulations
1 Title
These regulations are the Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010.
2 Commencement
These regulations come into force on the 28th day after the date of their notification in the Gazette.
3 Interpretation
In these regulations,—
applicant means a person wanting an authorisation
authorisation means an authorisation under section 241(1) of the Land Transport Act 1998
disciplinary power means power to penalise a member of a representative body
questions means the questions in regulation 8
representative body means a body that represents the collective interests of the members belonging to it.
4 Application under section 241(3)(a) and (4)
-
(1) An applicant must send answers to the questions to the Secretary in writing or electronically.
(2) An applicant may send the Secretary, in writing or electronically, any other information that the applicant considers the Secretary may need to decide whether to approve the application.
(3) The Secretary may ask an applicant, in writing or electronically, for any other information that the Secretary considers he or she may need to decide whether to approve the application.
5 Applicants who are individuals
An applicant who is an individual wanting an authorisation for his or her own purposes must answer the questions on the basis that
“you”
and“your”
refer to himself or herself.
6 Applicants wanting authorisation for business
An applicant wanting an authorisation for the purposes of the applicant's business must answer the questions on the basis that
“you”
and“your”
refer to the business.
7 Applicants that are representative bodies
-
(1) An applicant that is a representative body that has disciplinary power may apply for 1 of the following:
(a) an authorisation in the name of the body, to be used by its members; or
(b) authorisations in the names of all its individual members, to be used by the individual members.
(2) An applicant that is a representative body that has no disciplinary power may apply for authorisations in the names of all its individual members, to be used by the individual members.
(3) The applicant must answer the questions on the basis that
“you”
and“your”
refer to—(a) the representative body; and
(b) each member of the representative body.
8 Questions
The questions are as follows:
(a) what is your full name?
(b) what is your physical address?
(c) what is your postal address?
(d) what is your email or other electronic address?
(e) do you currently use information from the register?
(f) if you do, what do you use it for?
(g) what do you intend to use it for?
-
(h) what are your reasons for not doing one of the following:
(i) collecting the information directly from the individual concerned:
(ii) collecting the information from a source other than the register:
(iii) seeking confirmation from the Registrar under section 236(1)(b) of the Land Transport Act 1998 that a specified person is registered in respect of a specified motor vehicle:
(iv) asking for the information under the Official Information Act 1982?
-
(i) what physical and computer security systems do you have in place to ensure that information from the register—
(i) is kept secure; and
(ii) is used only for the purpose or purposes specified in the authorisation?
-
(j) how do you propose to tell the persons whose information has come from the register about the following:
(i) the fact that the register was the source of the information; and
(ii) what you use the information for; and
(iii) the fact that the persons can notify the Registrar that they do not wish to have their names and addresses made available under an authorisation?
(k) have you ever been found to have breached any of the information privacy principles in the Privacy Act 1993?
(l) have you ever been found, in proceedings of any kind, to have breached any confidentiality obligation?
(m) do you have a credit rating and, if so, what is it?
(n) for how long, up to 5 years, do you want the authorisation to last?
-
(o) if you employ staff or engage agents,—
(i) how many of them are likely to have access to the information from the register?
(ii) what are the roles of those who are likely to have access?
(iii) what training will you give those who are likely to have access on the proper handling of the information from the register?
(iv) what controls do you have in place to ensure that those who are likely to have access handle the information from the register properly?
(v) what sanctions do you have available for those who do not handle the information from the register properly?
-
(p) if you are in business,—
(i) what is the nature of the business?
(ii) what locations does the business operate from?
(iii) how long has the business existed?
9 Application processing fee under section 241(3)(b)
-
(1) At the same time as an applicant sends the answers to the questions to the Secretary, the applicant must pay the Secretary the application processing fee specified for the applicant in the Schedule.
(2) The Secretary may remit or refund the whole or part of a fee paid under this regulation on any of the following grounds:
(a) that the application that the fee accompanied has been withdrawn:
(b) that the application that the fee accompanied required work and expense of such a degree or amount that payment of the fee, or the full fee, is not justified:
(c) that in all the circumstances of the case it would be inappropriate to require the fee, or the full fee, to be paid.
10 Notification under section 241(7)(b)
The Registrar may make available 1 or more of the following methods for persons to notify the Registrar that they do not wish to have their names and addresses made available under an authorisation:
(a) calling the Registrar's call centre:
(b) writing a letter to the Registrar:
(c) sending the Registrar an email or other electronic message:
(d) using the Registrar's internet site:
(e) completing the section provided for the purpose on a form made available by the Registrar.
Schedule |
| Applicant |
Fee ($) |
|
| Individual | 608 | |
| Business that is not a representative body or a member of a representative body | 836 | |
| Representative body with disciplinary power and 20 or fewer members | 1,140 | |
| Representative body with disciplinary power and 21 or more members | 1,292 | |
| Representative body with no disciplinary power and 20 or fewer members | 1,292 | |
| Representative body with no disciplinary power and 21 or more members | 1,368 | |
| Any other person | 1,140 |
Rebecca Kitteridge,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations allow persons to apply for an authorisation under section 241(1) of the Land Transport Act 1998 to have access to the names and addresses of persons registered in respect of motor vehicles in the motor vehicle register. The regulations also allow persons to notify the Registrar if they do not want others getting information about them from the register by means of an authorisation under section 241(1).
The regulations come into force 28 days after their notification in the Gazette.
Date of notification in Gazette: 15 April 2010.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
-
This is a reprint of the Land Transport (Motor Vehicle Register Authorised Access) Regulations 2010. The reprint incorporates all the amendments to the regulations as at 1 May 2011, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
-
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
-
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
5 List of amendments incorporated in this reprint (most recent first)
Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (SR 2011/79): regulation 97(a)