(1) Except as otherwise provided in this Act, no person shall use any motor vehicle on any road unless—

• (a) the motor vehicle is registered in accordance with this Part of this Act; and

• (b) the registration plates and a current licence issued for that vehicle are affixed and displayed on the vehicle in the manner prescribed in any notice made under section 14 of this Act; and

• (c) the full amount of the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 in respect of the period for which the licence is issued has been paid.

(1A) Once a motor vehicle is registered in accordance with this Part then, except as otherwise provided in this Act or in regulations made under section 35A(1)(a),—

• (a) the owner of the vehicle must keep the vehicle licensed at all times under this Part; and

• (b) the fees payable in respect of such licensing are payable as if the vehicle is at all times required to be licensed (whether or not it is actually licensed).

(2) Every person who uses any motor vehicle or permits any motor vehicle to be used in contravention of subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

(2A) Every person commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who sells an unlicensed motor vehicle that is required to be licensed under this Part of this Act.

(3) Where any person is charged with an offence of using or permitting a motor vehicle to be used in contravention of subsection (1)(b) of this section that relates to a licence, it shall be a defence if the defendant satisfies the Court that—

• (a) at the time of the alleged offence a licence for the motor vehicle that expired not more than 7 days previously was affixed and displayed in the prescribed manner; and

• (b) before the expiry of that licence an application for a licence for the motor vehicle for a period including the day of the alleged offence together with the appropriate fee and accident compensation levy had been forwarded to the Registrar; and

• (c) the licence had not been received from the Registrar.

(4) The fact that any motor vehicle is used on any road without having registration plates or a current licence issued for that vehicle, or both, affixed and displayed in the prescribed manner shall, in the absence of evidence to the contrary, be sufficient evidence that the vehicle is not registered or is not licensed, or both, as the case may be, in accordance with this Part of this Act.

(5) Every motor vehicle registered under the Transport Act 1962 or any corresponding former Act is hereby deemed to have been registered under this Act.

Any person who—

• (a) applies to register a motor vehicle; or

• (b) applies to relicence a motor vehicle; or

• (c) applies for the issue of replacement registration plates or personalised registration plates; or

• (d) gives to the Registrar any particulars required by this Act to be given in respect of the change of ownership of a motor vehicle—

shall, if so required by the Registrar, produce to the Registrar current evidence of vehicle inspection issued under the Land Transport Act 1998.

(1) Every application for registration of any motor vehicle shall be made by or on behalf of the owner to the Registrar, on a form provided by the Registrar, and shall specify—

• (a) the name of the person to be registered as the owner of the vehicle:

• (b) the address of the place of residence or place of business within New Zealand of the person to be registered as the owner of the vehicle:

• (c) the postal address within New Zealand of the person to be registered as the owner of the vehicle, if that address differs from the address given under paragraph (b) of this subsection:

• (d) where the person to be registered as the owner of the vehicle is a natural person, that person's date of birth:

• (e) such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.

(1A) No person shall be the registered owner of a motor vehicle, except—

• (a) a natural person of or over 15 years of age; or

• (b) a body corporate; or

• (c) an instrument of the Executive Government of New Zealand.

(2) The Registrar may require the person making the application for registration under subsection (1) of this section to produce all or any of the following as may be reasonable in the circumstances:

• (a) evidence of the identity of the person to be registered as the owner of the vehicle:

• (b) evidence of the origin or previous ownership of the vehicle:

• (ba) current evidence of vehicle inspection issued under the Land Transport Act 1998:

• (c) a statutory declaration by the person to be registered as the owner of the vehicle that the person is the owner of the vehicle:

• (d) other information or documents to satisfy the Registrar that the application is in order.

(2A) [Repealed]

(3) Every application under this section shall be accompanied by the appropriate prescribed registration fee.

(4) Every application for the registration of a motor vehicle shall be accompanied by or combined with an application for a licence for the motor vehicle.

(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who makes an application for the registration of a motor vehicle that has been registered under this Part of this Act or the corresponding provisions of any former Act if that person knows or could reasonably be expected to know that the registration is still in force.

(1) On receipt of an application for the registration of any motor vehicle under this Part of this Act, the Registrar, or a person authorised in that behalf under subsection (6), if satisfied that the application is in order, shall assign a number or distinguishing mark to be shown on the registration plate or plates to be affixed to the motor vehicle, and shall issue to the applicant a registration plate or plates for the motor vehicle and a certificate of registration of the motor vehicle.

(2) Unless the registration is cancelled in accordance with this Part of this Act, the registration of any motor vehicle shall continue in force without renewal, but a new number or distinguishing mark may be assigned to the motor vehicle whenever new registration plates are issued for it.

(3) A person to whom any registration plates issued under this section are delivered shall surrender to the Registrar any existing registration plates for that vehicle.

(4) The Registrar may require the surrender of any registration plate issued under this section if the Registrar is satisfied that—

• (a) it is not affixed to any vehicle; or

• (b) it is affixed to a vehicle other than the vehicle to which it may be lawfully affixed; or

• (c) it has been issued in error or is being used unlawfully.

(5) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who fails to surrender any registration plate when required to do so by this section or by the Registrar acting under this section.

(6) The Secretary may authorise any person (whether or not employed in the Ministry of Transport) to issue registration plates and certificates of registration under this section, and any such authorisation may—

• (a) include within the authorisation any employees or agents of the person principally authorised:

• (b) specify the manner in which the authority is to be exercised:

• (c) also be expressed to apply for the purposes of issuing substitute registration plates and duplicates of certificates of registration and duplicate personalised plates under section 15.

(1) A personalised registration plate is a registration plate that bears a combination of letters, numbers, or both, or any single letter or number, specially allocated by the Registrar for use on a personalised registration plate.

(2) The Registrar may enter into a contract with any person entitling that person to dispose of the right to receive personalised registration plates.

(3) The person who for the time being has an appropriate contract with the Registrar may dispose of the right to receive personalised registration plates—

• (a) on payment of an agreed price:

• (b) by auction or tender:

• (c) by any other means of sale or disposition.

(4) There shall not be more than one contract under this section in force at any one time.

(5) Where no contract is in force under this section, the Registrar shall be deemed to be the person for the time being entitled to dispose of the right to receive personalised registration plates.

Any person who wishes to obtain personalised registration plates (including any person who wishes to convert a vehicle's existing registration plates to personalised registration plates bearing the same combination of letters and numbers as the existing plates) may apply to the person who is for the time being entitled under section 9 of this Act to dispose of the right to receive personalised registration plates.

(1) Where a person who has bought or otherwise acquired personalised registration plates, or the right to receive them, wishes to transfer the plates or the right to receive them to another vehicle or person,—

• (a) that person and the transferee (if any) shall—

  • (i) each notify the Registrar, on the appropriate form or forms approved by the Registrar, of the details of the transfer, including where appropriate the registration plates that will be displayed on each vehicle concerned; and

  • (ii) pay to the Registrar the prescribed fee or fees, if any; and

• (b) the personalised registration plates shall be produced to the Registrar for inspection; and

• (c) if the personalised registration plates are not to be affixed immediately to a vehicle, they shall be surrendered to the Registrar (unless they are already held by the Registrar); and

• (d) where appropriate—

  • (i) the person transferring the plates shall apply for the issue of ordinary or other personalised registration plates for the vehicle from which the plates are to be transferred; and

  • (ii) any existing registration plates of the vehicle to which the personalised registration plates are to be affixed shall be surrendered to the Registrar.

(2) All forms required by this section, together with the personalised registration plates being transferred and any plates required to be surrendered, shall be submitted to the Registrar at the same time.

(1) A person who buys or otherwise acquires personalised registration plates, or the right to receive them, is not entitled to receive the plates until they are to be affixed to a motor vehicle that is registered and currently licensed under Part 1 of this Act.

(2) The Registrar shall, on payment of the prescribed fee (if any), hold the plates on the person's behalf for a period agreed with that person.

(3) The person may, notwithstanding that the plates are held by the Registrar, transfer the right to receive the plates to any other person in accordance with section 9B of this Act.

(4) Personalised registration plates shall not be required to be manufactured until required by the owner of the vehicle to which they are to be affixed.

(1) A person may at any time surrender the personalised registration plates of any vehicle owned by that person and, on payment of the fee for the issue of ordinary registration plates, will be entitled to receive ordinary registration plates for the vehicle.

(2) A person to whom any personalised registration plates for a vehicle are delivered shall surrender any existing registration plates for that vehicle to the Registrar.

(3) The Registrar may require the surrender of any personalised registration plate—

• (a) that the Registrar is satisfied is not affixed to any vehicle, or is affixed to a vehicle other than the vehicle to which it may lawfully be affixed; or

• (b) in respect of which the Registrar has received any complaint and which the Registrar considers likely to be offensive to any person.

(4) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who fails to surrender any registration plate when required to do so by this section or by the Registrar acting under this section.

(1) Except as provided in subsection (2) of this section, the Registrar shall not allocate for use on personalised registration plates any combination of letters, numbers, or both, or any single letter or number,—

• (a) consisting of more than—

  • (i) five numbers or letters in total in the case of a motorcycle, moped, tractor, or trailer:

  • (ii) six numbers or letters in total in any other case:

• (b) that may be required for allocation to a person, government, or organisation in accordance with a notice made pursuant to section 14 of this Act:

• (c) that has already been allocated to or is held on behalf of any other person:

• (d) that the Registrar considers likely to be offensive to any person or likely to cause confusion:

• (e) in respect of any plates that are to be used as trade plates.

(2) There may be displayed on a personalised registration plate any additional subsidiary characters, messages, symbols, or slogans if—

• (a) the subsidiary characters, messages, symbols, or slogans are approved by the Registrar; and

• (b) the subsidiary characters, messages, symbols or slogans do not obscure the other numbers or letters allocated for that plate.

(1) Every application for a licence for any motor vehicle shall be made by or on behalf of the owner to the Registrar, on a form provided by the Registrar, and shall specify—

• (a) the name of the person to be registered as the owner of the vehicle:

• (b) the address of the place of residence or place of business within New Zealand of the person to be registered as the owner of the vehicle:

• (c) the postal address within New Zealand of the person to be registered as the owner of the vehicle, if that address differs from the address given under paragraph (b) of this subsection:

• (d) such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.

(1A) [Repealed]

(2) Subject to subsection (2A) of this section, there shall be paid by the owner of the motor vehicle, on making application for a licence for the vehicle, the appropriate prescribed fee, any prescribed fees payable in respect of certificates of fitness inspections and transport licensing fees, and the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

(2A) If a person becomes the owner of a motor vehicle in respect of which the licence has expired,—

• (a) that person shall be liable to pay only that part of the fees and levies payable under subsection (2) of this section as the Registrar determines relate to the period commencing on the day after the date on which the person became the owner of the motor vehicle; and

• (b) any previous owner or owners of that motor vehicle shall be liable to pay that part of the fees and levies payable under subsection (2) of this section as the Registrar determines relate to the period in respect of which that person was the owner or those persons were the owners of the motor vehicle.

(3) In the case of a licence issued for a period less than a year, the fees referred to in subsection (2) of this section and the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 shall be reduced by one three hundred and sixty-fifth for each day by which the period of issue is less than 1 year.

(4) [Repealed]

(5) [Repealed]

(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who uses any motor vehicle for which a licence fee has been paid which is lower than the licence fee payable for motor vehicles of that class.

(1) Subject to this section, a licence in respect of a motor vehicle shall be issued and shall have effect (unless it is cancelled) for a period of 12 months commencing,—

• (a) if a licence has previously been issued in respect of the vehicle, and—

  • (i) that previous licence has not expired, on the day after the expiry of that previous licence; or

  • (ii) that previous licence has expired, but has been expired for 12 months or less, on the day after the day on which the previous licence expired; or

  • (iii) more than 12 months has elapsed since the expiry of that previous licence, on the day after the most recent anniversary of the expiry of that previous licence:

• (b) if a licence has not previously been issued in respect of the vehicle, on the day after the date of the issue of the licence.

(2) If the applicant for a licence in respect of a motor vehicle so requests, the period for which a licence is issued or deemed to be issued under subsection (1) of this section shall be reduced by 6 months.

(3) If the applicant for a licence in respect of a motor vehicle is a new owner of that motor vehicle, that applicant may, if the licence in respect of the motor vehicle expired before the applicant became the owner of that motor vehicle, elect to have the period for the new licence commence on the day after the date on which the applicant became the owner of the motor vehicle.

(4) The Registrar may, if the owner of any motor vehicle so requests, issue a licence for any motor vehicle for a period that—

• (a) ends on the expiry date of either—

  • (i) any current licence for any other motor vehicle owned by that person; or

  • (ii) any current warrant of fitness or certificate of fitness, or evidence of vehicle inspection under the Land Transport Act 1998, in respect of the vehicle in respect of which the request is made; or

• (b) is specified by that person, being not less than 3 months and not more than 12 months.

(1) Notwithstanding section 11(1) of this Act, the licence for any trailer that is not used for commercial purposes may, if the owner so requests, be issued for a period of 3 months on payment of the appropriate portions of the licence fee and accident compensation levy (if any), and an administrative surcharge of $2.

(2) This section shall come into force on a date to be fixed by the Governor-General by Order in Council.

(1) On receipt of an application for a licence for any motor vehicle, the prescribed fee (if any), and the accident compensation levy (if any) in respect of the vehicle, the Registrar, or a person authorised in that behalf under subsection (6), if satisfied that the application is in order, shall issue the appropriate licence for the motor vehicle, and shall ensure that the expiry date of the licence is shown on the copy of the application for the licence that is returned to the applicant.

(2) No licence shall be issued for any motor vehicle that is not for the time being registered under this Part of this Act.

(3) No licence shall be issued for any motor vehicle for which the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 in respect of the period for which the licence is to be in force has not been paid.

(4) A licence for a motor vehicle issued in accordance with this Part of this Act shall be affixed to the motor vehicle in the manner prescribed in a notice made under section 14 of this Act and may be affixed to the vehicle at any time within the month before the date on which it comes into force.

(5) Where any licence is affixed to a motor vehicle in the prescribed manner at any time within the month before the date on which it comes into force, and a current licence is in force in respect of the vehicle, the display of the new licence shall be sufficient evidence that the vehicle is licensed.

(6) The Secretary may authorise any person (whether or not employed in the Ministry of Transport) to issue licences for motor vehicles under this section, and any such authorisation may—

• (a) include within the authorisation any employees or agents of the person principally authorised:

• (b) specify the manner in which the authority is to be exercised:

• (c) also be expressed to apply for the purposes of issuing substitute licences under section 15.

(1) The Minister may from time to time, by notice in the Gazette,—

• (a) prescribe the form and colour of registration plates and licences, the size, shape, and character of the letters, numbers, or distinguishing marks to be shown on them, and the means to be adopted to make the plates and licences easily visible:

• (b) prescribe the number of registration plates to be displayed and the position or positions in which registration plates and licences are to be displayed.

(2) The Minister may, under subsection (1) of this section, prescribe specific types of or distinguishing marks for registration plates and licences to be issued for use on vehicles operated or regularly used by persons holding specified offices or persons, governments, or organisations having specified status, immunities, or privileges, and specific types of or distinguishing marks for plates and licences to be issued for use on vehicles of specified classes.

(3) The Minister may from time to time, by notice in the Gazette, prescribe various fees payable in respect of the issue of registration plates and licences to cover the cost of production and issue of the plates and licences; and may if the costs so warrant it, prescribe higher fees in respect of the production and issue of personalised registration plates.

(1) The registered owner of a vehicle whose certificate of registration or licence has been lost, stolen, damaged, or destroyed may apply in accordance with this section for the issue of a replacement certificate or licence.

(2) The owner of a vehicle may apply in accordance with this section for the issue of replacement registration plates or (where appropriate) duplicate personalised registration plates if—

• (a) the vehicle's plates have been lost, stolen, damaged, or destroyed; or

• (b) the owner wishes to replace the vehicle's existing plates with reflectorised plates.

(3) The Registrar, or any person appropriately authorised in that behalf under section 8(6)(c) or section 13(6)(c) or section 34(2)(c), shall, if satisfied that the relevant certificate, licence, or registration plate has been lost, stolen, damaged, or destroyed, or that subsection (2)(b) of this section applies, issue to the owner of the vehicle—

• (a) a duplicate certificate of registration; or

• (b) a substitute licence; or

• (c) a substitute registration plate; or

• (d) a duplicate personalised registration plate, where appropriate,—

as the case may require.

(3A) The Registrar may require the surrender of any damaged certificate of registration, licence, or registration plate, or the undamaged part of any set of plates, before issuing any replacement or duplicate certificate, licence, or plate under this section.

(4) Every application under this section shall be made by or on behalf of the owner to the Registrar, on a form provided by the Registrar, and shall specify—

• (a) the name of the owner:

• (b) the address of the owner's place of residence or place of business within New Zealand:

• (c) the owner's postal address within New Zealand, if that address differs from the address given under paragraph (b) of this subsection:

• (d) such particulars relating to the vehicle as may be required by the Registrar as indicated on the form—

and shall be accompanied by the fee prescribed under subsection (6) of this section for the issue of the duplicate certificate of registration or under section 14(3) of this Act for the issue of registration plates or a licence, as the case may require.

(4A) Section 7(2) of this Act shall apply with any necessary modifications to applications made under this section as if they were applications under that section.

(5) The Registrar may require the person making the application under subsection (4) of this section to produce a statutory declaration by the person claiming to be the owner of the vehicle that the person is the owner of the vehicle and a statutory declaration by an appropriate person explaining the circumstances in which the certificate, plate, or licence was lost, damaged or destroyed.

(6) The Minister may from time to time, by notice in the Gazette, prescribe a fee payable in respect of the issue of a duplicate certificate of registration to cover the cost of production and issue of the certificate.

(1) Where a motor vehicle is used for a purpose different from that indicated by the licence, the owner of the vehicle shall forthwith apply for an appropriate new licence.

(2) The Registrar may require production of the certificate of registration of the vehicle for amendment if necessary, and may require the surrender or destruction of the present licence before issuing a new licence.

(3) Where the motor vehicle was previously exempt from the payment of registration fees and that exemption does not apply to the purpose the motor vehicle is or will be used for, the owner shall pay the appropriate registration fee prescribed in Part 1 of Schedule 2 to this Act.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who—

• (a) uses any motor vehicle on which the appropriate registration plate or plates or licence is not displayed in the manner prescribed by the Minister under section 14 of this Act; or

• (b) uses any vehicle on which is displayed any object or design that is intended to cause, or reasonably likely to cause, any person to believe that there is displayed on the vehicle the appropriate registration plate or plates or licence prescribed by the Minister under section 14 of this Act; or

• (c) affixes or causes to be affixed to any motor vehicle any licence not being a current licence issued for the motor vehicle, or a licence issued for that vehicle that is to come into force within the next month; or

• (d) uses any motor vehicle while any registration plate or licence affixed to the motor vehicle in accordance with this Part of this Act is in any way obscured, or is rendered or allowed to become not easily distinguishable, whether by night or by day; or

• (e) uses any motor vehicle which has affixed to it any registration plate or licence which is not authorised by or under this Act to be affixed to that vehicle or any other item which in either case is likely to be mistaken for any authorised registration plate or licence; or

• (f) uses any motor vehicle which has affixed to it any licence not being a current licence issued for that motor vehicle or a licence issued for that vehicle that is to come into force within the next month.

(1) The Registrar shall keep a general register of all motor vehicles, registration plates, and licences for motor vehicles and such other registers as may be prescribed or as the Registrar considers necessary.

(2) Any of the contents of any such register may in any proceedings (whether under this Act or any other Act) be proved by the production of a certificate as to those contents purporting to be signed by the Registrar or any person purporting to act under any delegation from the Registrar and to be impressed with the person's official stamp.

(1) Any person shall, on making application to the Registrar and on payment of the appropriate prescribed fee (if any), be entitled to a certificate containing the particulars of all persons recorded in any register kept pursuant to section 18 of this Act as being or having been the registered owner of any specified motor vehicle.

(2) Subject to subsection (3) of this section, any person shall, on making application to the Registrar,—

• (a) be entitled to a certificate containing—

  • (i) the name and address of the person registered as the owner of a specified motor vehicle; and

  • (ii) the expiry date specified in a warrant of fitness or certificate of fitness, or evidence of vehicle inspection under the Land Transport Act 1998, issued in respect of a specified motor vehicle; and

  • (iii) information regarding any requirement made for a vehicle standards compliance audit; or

• (b) if the person so wishes, the person shall be entitled to that information given orally or by other means.

(3) No person shall be entitled to a certificate or to be given information under subsection (2) of this section unless the person has paid the appropriate prescribed fee (if any), or the Registrar is satisfied that adequate arrangements have been made for the later payment of that fee.

(4) The Registrar may decline to issue any certificate or give any information under this section for a period of 28 days in any case where the Registrar contemplates exercising the powers conferred by subsection (5) of this section.

(5) Where the Registrar certifies that the supply of any particulars under this section in respect of any specified motor vehicle would be likely to prejudice the security or defence of New Zealand, the international relations of the Government of New Zealand, the maintenance of the law, including the prevention, investigation, or detection of offences, the right to a fair trial, or the privacy or personal safety of any person, the particulars specified in subsections (1) and (2) of this section shall not be supplied to any person unless the Registrar approves the supplying of the particulars to that person, or that person is one of a class of persons to whom the Registrar has approved the supplying of the particulars.

(5A) Any person who is dissatisfied with a decision of the Registrar under subsection (5) of this section may appeal against that decision to the Attorney-General; and, in such a case, the Attorney-General shall confirm or reverse the decision appealed against.

(6) [Repealed]

Within 7 days after the sale or other disposition of any registered motor vehicle, the person selling or otherwise disposing of it shall, on a form provided by the Registrar, give to the Registrar or to a person authorised by the Secretary in that behalf—

• (a) notice of the fact and date of the sale or other disposition:

• (b) the name of the registered owner of the vehicle:

• (c) the name and address of the person selling or otherwise disposing of the vehicle:

• (d) the distance recorded on the distance recorder (if any) of the vehicle at the time of the sale or other disposition:

• (e) the name, occupation, addresses, and date of birth (if any) of the new owner as given under section 22 of this Act:

• (f) such other particulars relating to the vehicle as may be required by the Registrar as indicated on the form.

(1) For the purposes of section 20 of this Act, the following provisions shall apply:

• (a) where a motor vehicle which is subject to a hire purchase agreement is repossessed under the terms of that agreement, the vehicle shall by its repossession be deemed to have been sold or otherwise disposed of by the vendor under that agreement:

• (b) where a motor vehicle is sold or otherwise disposed of in enforcing any lien or charge or pursuant to any distress warrant or writ of execution, the vehicle shall by that sale or other disposition be deemed to have been sold or otherwise disposed of by the holder of the lien or charge or by the bailiff or sheriff, as the case may be:

• (c) where any change in the ownership of the motor vehicle takes place by operation of law, the vehicle shall by that change of ownership be deemed to have been sold or otherwise disposed of by the person so acquiring the ownership of that vehicle:

• (d) where a motor vehicle is sold under the provisions of section 356 of the Local Government Act 1974, the vehicle shall be deemed to have been sold by the local authority or, as the case may be, by the National Roads Board.

(2) In any case to which paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) of this section applies, the notice given pursuant to section 20 of this Act shall be accompanied by a statutory declaration by the person giving the notice setting out in a form provided or approved by the Registrar the circumstances of the change of ownership.

(1) Every person who acquires ownership of a motor vehicle shall give to the Registrar or to a person authorised by the Secretary in that behalf, on a form provided by the Registrar,—

• (a) the full name and occupation of the intended registered owner of the vehicle; and

• (b) the address of the place of residence or place of business within New Zealand of the intended registered owner of the vehicle; and

• (c) the postal address within New Zealand, if that address differs from the address given under paragraph (b) of this section, of the intended registered owner of the vehicle; and

• (d) where the intended registered owner is a natural person, that person's date of birth.

(2) Section 7(2) of this Act shall apply to applications made under this section as if they were applications under that section.

(3) No person shall be the registered owner of a motor vehicle, except—

• (a) a natural person of or over 15 years of age; or

• (b) a body corporate; or

• (c) an instrument of the Executive Government of New Zealand.

(1) The appropriate prescribed fee shall be payable for every endorsement of particulars under this Act, and the fee shall accompany the notice of change of ownership.

(2) [Repealed]

(1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who,—

• (a) in or for the purposes of any application under section 7 of this Act for the registration of a motor vehicle; or

• (b) in or for the purposes of any application or notification under section 9 of this Act for or relating to personalised registration plates; or

• (c) in or for the purposes of any application under section 10 of this Act for a licence for any motor vehicle; or

• (d) in or for the purposes of any application under section 15 of this Act for a duplicate certificate of registration, a substitute registration plate or plates, or a substitute licence for any motor vehicle; or

• (e) in or for the purposes of any notification under section 20 of this Act of the change of ownership of a motor vehicle; or

• (f) in or for the purposes of giving that person's name or an address under this Act,—

knowingly supplies to the Registrar, or to any person who is to make any application or notification under any of those sections, any false or misleading information.

(2) Every person other than the Registrar commits an offence and is liable on summary conviction to a fine not exceeding $500 who fails to comply with any of the provisions of sections 20 to 22 of this Act or of any regulations made under section 20(2) of this Act or does any act in contravention of those provisions.

(1) If any registered motor vehicle is destroyed, or is written-off by an insurer or the owner, or becomes permanently useless as a motor vehicle, or is removed permanently beyond New Zealand, the owner of the motor vehicle shall forthwith give to the Registrar notice of its destruction, condition, or removal, as the case may be, and shall deliver to the Registrar the certificate of registration of the motor vehicle, and, unless the Registrar considers it is impracticable to do so, the registration plates issued for the motor vehicle and the current licence (if any) issued for the motor vehicle. The Registrar shall cancel the registration of the motor vehicle.

(1A) For the purposes of subsection (1) of this section, where an insurer writes-off a motor vehicle, the insurer shall be deemed to be the owner of the vehicle.

(2) If the Registrar is satisfied that any motor vehicle has been destroyed or become wholly unfit for further use as such, or that any motor vehicle has been permanently removed from New Zealand, the Registrar may, without further appropriation than this section, refund or cause to be refunded out of the Crown Bank Account an amount equal to the amount of licence fees paid in respect of any period for which registration is cancelled.

(3) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who gives any notice under subsection (1) of this section which that person knows or ought to know is false in any material particular.

(1) If following the expiration of any licence issued for any registered motor vehicle a year elapses without a new licence being issued for that motor vehicle, the Registrar, at any time after the expiration of that year, but before any new licence is issued for the motor vehicle, may cancel the registration of the motor vehicle.

(2) Upon the cancellation under the provisions of this section of the registration of a motor vehicle, any person in possession of the registration plates shall, when required by the Registrar, surrender those plates to the Registrar or to any traffic officer.

(3) Notwithstanding anything in subsection (1), the Registrar may not cancel the registration of a motor vehicle at any time during which the vehicle, by virtue of any provision of this Act or any regulations made under section 35A(1)(a), is for a specified period exempt from the requirement in section 5(1A)(a) to be licensed at all times.

Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who applies for a licence for any motor vehicle whose registration has been cancelled unless the vehicle is again registered and the prescribed registration fee has been paid.

(1) This section shall apply to the following persons:

• (a) any trader (being a person carrying on business as a manufacturer or assembler of motor vehicles or a person who is a motor vehicle trader within the meaning of section 7(a) of the Motor Vehicle Sales Act 2003), or any person authorised by a trader in that behalf in writing, in respect of a motor vehicle held by the trader for the purposes of sale or for the purposes of the trader's business or for a purpose of being serviced or repaired.

• (b) any person who is the proprietor of a transport museum, in respect of motor vehicles owned by that person, and used solely for exhibition purposes, while those vehicles are being used on a road to travel to or from an exhibition or for the purpose of a demonstration:

• (c) any department of State which is required to manufacture, assemble, or modify motor vehicles, in respect of any motor vehicles so manufactured, assembled, or modified:

• (d) any department of State which is required to collect, distribute, or dispose of motor vehicles, in respect of those motor vehicles during the period of collection, distribution, or disposal:

• (e) the Ministry of Defence as established by the Defence Act 1971, in respect of vehicles held for use by any of Her Majesty's Forces and not generally used on a road except during any period of annual training, or held for general mobilisation:

• (f) any person, not being a trader, who is engaged in ferrying motor vehicles from a manufacturer's premises to the railway, or to a ship or from the railway, or from a ship to a manufacturer's premises, or from a manufacturer's premises to an authorised retail outlet:

• (g) any person engaged in business as a repairer of motor vehicles, in respect of motor vehicles held by that person for repair which are not required to be registered and licensed by the owner of that motor vehicle or which cannot be registered or licensed by the owner of the motor vehicle until the repairs are complete:

• (h) any person who is engaged in the business of a car wrecker, in respect of any motor vehicle being removed from the point of purchase to the point at which it is to be demolished.

(2) Any person to whom this section applies may apply to the Registrar for one or more sets of special registration plates (in this section referred to as trade plates), for use in accordance with section 35 of this Act.

(3) Every application for one or more sets of trade plates shall be accompanied by the appropriate prescribed fee (if any).

(1) Any person to whom trade plates have been issued pursuant to an application under section 30 of this Act may apply for a special licence (in this section referred to as a trade licence) in respect of any such set of trade plates for use in accordance with section 35 of this Act.

(2) Every application for a trade licence shall be accompanied by the appropriate fee prescribed in Schedule 2 to this Act and the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001.

Every trade plate for the purposes of section 30 of this Act and every trade licence for the purposes of section 31 of this Act shall be in such form as may be prescribed by the Minister by notice in the Gazette.

Every trade licence for the purposes of section 30 of this Act shall be issued and remain in force for a period of 12 months or such shorter period as may be necessary to enable the trade licences held by any person to have a common expiry date, and shall come into force as follows:

• (a) in the case of a trade licence issued before or not more than one month after any previous trade licence issued for that set of trade plates expires, on the day following the expiry of that previous trade licence:

• (b) in any other case, on the day the trade licence is issued.

(1) On receipt of an application under section 30 or section 31 of this Act and of the prescribed fee (if any) and the appropriate levies payable under section 214 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, the Registrar, or a person authorised in that behalf under subsection (2), if satisfied that the applicant is a person entitled by virtue of section 30 of this Act to the issue of trade plates or by virtue of section 31 of this Act to the issue of trade licences, as the case may be, and that the application is in order, shall issue to the applicant the trade plates or trade licences applied for.

(2) The Secretary may authorise any person (whether or not employed in the Ministry of Transport) to issue trade plates or trade licences under this section, and any such authorisation may—

• (a) include within the authorisation any employees or agents of the person principally authorised:

• (b) specify the manner in which the authority is to be exercised:

• (c) also be expressed to apply for the purposes of issuing substitute plates or substitute licences under section 15.

Any person to whom section 30 of this Act applies may use on any road the type of motor vehicle in respect of which that person is entitled to use trade plates, notwithstanding that the motor vehicle is not registered under this Part of this Act and that it does not have affixed thereto registration plates or a current licence issued for that motor vehicle if, at all times while the motor vehicle is in use, there are affixed to it in the manner prescribed by the Minister by notice in the Gazette trade plates for motor vehicles of the class to which that motor vehicle belongs and a current trade licence in respect of those plates issued to that person under section 34 of this Act.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) exempting or authorising the Secretary to exempt any motor vehicle or person or any specified category or class of motor vehicles or persons from—

  • (i) any specified requirements of this Part or of any regulations made under this Part:

  • (ii) any prescribed fees:

• (b) [Repealed]

• (c) [Repealed]

• (d) [Repealed]

• (e) prescribing the obligations of the seller and the buyer, and the functions of the Registrar, where there is a change in the registered ownership of a registered motor vehicle:

• (f) providing for the appointment, functions, and duties of agents for the purposes of effecting a change in the registered ownership of a registered motor vehicle:

• (g) prescribing or authorising the Secretary to prescribe the form of certificates of registration for the purposes of this Part:

• (h) authorising the Registrar to enter particulars of a change of registered ownership on the register, notwithstanding the failure of any party to comply with the requirements of section 20(1) or section 22(1), and prescribing the circumstances in which such particulars may be entered:

• (i) [Repealed]

(2) Without limiting the generality of subsection (1)(a), regulations under that provision may—

• (a) define a class of motor vehicles by reference to—

  • (i) actual or intended vehicle usage:

  • (ii) ownership by a specified class of owner or by persons or classes of persons approved for the purpose by the Secretary:

  • (iii) loss of possession or control, whether because of theft or any other specified reason:

• (b) provide that a registered owner whose application for an exemption from the requirement in section 5(1A)(a) is lodged with the Secretary more than 60 days after the date of expiry of the latest licence issued in respect of the vehicle to which the application relates is liable to pay, in respect of the period commencing on the day after that date of expiry and ending with the close of the day immediately preceding the date of lodgment of the application, an amount which is a proportionate amount of the appropriate annual vehicle licence fee:

• (c) authorise the Secretary to grant an exemption from any requirements or fees referred to in subsection (1)(a) if he or she is satisfied, whether because the registered owner is intending to go overseas or will be hospitalised or for any other reason whatever, that the vehicle to which the application relates will not be used on a road while the exemption has effect:

• (d) provide that exemptions referred to in subsection (1)(a) that are granted by the Secretary are to have effect for such period as the Secretary thinks fit in each case, subject to any limitations imposed by the regulations:

• (e) provide that exemptions from the requirement in section 5(1A)(a), whether conferred by or under the regulations, have no effect while a vehicle is being used on a road:

• (f) provide for the renewal and revocation of exemptions referred to in subsection (1)(a) that are granted by the Secretary.

(3) The Governor-General may, by Order in Council, make regulations setting the number of demerit points to be recorded in respect of an offence under section 17 that concerns the driving of a motor vehicle.

All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made for the purposes of Part 1 of this Act as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue.

(1) This section applies to prescribed fees that are received under this Act and that are not referred to in section 36.

(2) Prescribed fees to which this section applies must be paid to the relevant prescribed recipient.

(3) However, if there is no prescribed recipient to whom any prescribed fees to which this section applies must be paid, those prescribed fees must be paid into a Crown Bank Account.

(4) For the purposes of this section, prescribed recipient means the person who is specified in regulations made under the Land Transport Act 1998 as the person to whom any fees or charges, or both, are payable.

Notwithstanding anything in section 19, or in any regulations made under section 35A or section 48, the Secretary may waive, or allow an exemption from or discount on, any fee or charge payable under this Part by any person or class of persons in respect of the supply of information from a register, where the Secretary considers that to do so would be commercially or otherwise advantageous to the Crown.

(1) The regulations and notice to which this section applies are hereby deemed to have been made pursuant to this Act, and, unless the context otherwise requires, every reference in force at the commencement of this Act in any such regulations or notice to the Transport Act 1962 or any provision of that Act is hereby deemed to be a reference to this Act or the corresponding provisions of this Act.

(2) This section applies to—

• (a) the Transport (Fees for Details of Motor Vehicle Register) Regulations 1981 (SR 1981/83):

• (b) the Transport (Drivers Licensing) Regulations 1985 (SR 1985/68):

• (c) the Transport (Drivers Licensing) Regulations 1985 Amendment No 1 (SR 1985/260):

• (d) the Transport (Vehicle Registration and Licensing) Notice 1985 (SR 1985/99).

Section 14 of the Summary Proceedings Act 1957 shall not apply with respect to a prosecution for any offence against this Act, but the Court may in any case dismiss the information if it is satisfied that the person charged has been prejudiced in his defence by any unreasonable delay in instituting the proceedings or in notifying him of the time, place, and nature of the offence.

A District Court presided over by 2 or more Justices or one or more Community Magistrates shall have jurisdiction in respect of any offence against this Act or any regulations made under this Act.

(1) In any proceedings for an offence against this Act or any regulations made or deemed to have been made under this Act, whether by way of hearing in the first instance or by way of appeal or otherwise, the Court may receive as evidence—

• (a) any affidavit filed in the Court by or on behalf of the defendant:

• (b) any evidence adduced by or on behalf of the defendant that the Court thinks fit, whether or not it would, apart from this paragraph, be legally admissible evidence.

(2) Except by special direction of the Court, nothing in subsection (1)(a) of this section shall apply where it appears to the Court that the deponent's usual place of residence is less than 80 kilometres by road from the place of the hearing.

(1) Subject to subsection (2) of this section, the Secretary may from time to time, either generally or particularly, delegate to such persons (not being employees of the Ministry) as he or she specifies any of his or her functions or powers under this Act.

(2) The Secretary shall not delegate any function or power to any person or any class of persons not employed in the State Services (within the meaning of the State Sector Act 1988), except with the consent in writing of the Minister.

(2A) In any case where the Secretary has delegated any functions or powers to any person under this section, that person may, with the prior approval of the Minister, delegate to any other person such of those functions or powers as are so approved.

(3) Subject to any general or special directions given or conditions imposed by the Secretary, any person to whom any functions or powers are delegated under this section may perform those functions and exercise those powers in the same manner and with the same effect as if they had been conferred or imposed upon the person directly and not by delegation.

(4) The Secretary may delegate any power or function under this section to a specified person or class of persons or to the holder or holders of a specified office or class of office for the time being.

(5) Every delegation under this section shall be given for a specific or indefinite period but in either case shall be revocable at will and no such delegation shall prevent the exercise of any power or the performance of any function by the Secretary.

(6) Every delegation under this section shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Secretary by whom it was made may cease to hold office, and shall continue to have effect as if it were made by the person for the time being holding office as Secretary.

(7) Every person purporting to act under any delegation under this section shall when reasonably requested produce evidence of his or her authority to do so.

(8) In this section, person includes a body corporate, but does not include an unincorporated body of persons.

(1) Section 2(1) of the Transport Act 1962 is hereby amended by inserting, after the definition of the term driver, the following definition:

(2) Section 68A of the Transport Act 1962 (as inserted by section 14 of the Transport Amendment Act 1966) is hereby amended—

• (a) by repealing subsection (8):

• (b) by omitting from the proviso to subsection (9) the words “subsection (2) of section 25 of this Act, and nothing in the proviso to that subsection shall apply”, and substituting the words “section 38(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”.

(3) Section 68B of the Transport Act 1962 (as inserted by section 8(1) of the Transport Amendment Act (No 2) 1967) is hereby amended by inserting in subsection (1), before the words “and in particular may at any time”, the words “, and the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and any regulations or notices in force under that Act”.

(4) [Repealed]

(5) [Repealed]

(6) Section 194(2)(a) of the Transport Act 1962 (as substituted by section 26 of the Transport Amendment Act 1968) is hereby amended by omitting the expression “Part II, Part III,”.

(7) [Repealed]

The Transport Act 1962 is hereby amended by repealing section 90R (as inserted by section 7 of the Transport Amendment Act 1973), and substituting the following section:

Section 60(2) of the Motor Vehicle Dealers Act 1975 is hereby amended by omitting the expression “section 18 of the Transport Act 1962”, and substituting the expression “section 20 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”.

(1) Section 2(1) of the Road User Charges Act 1977 is hereby amended by repealing the definitions of the terms and registration plate, and substituting the following definitions:

(2) Section 22A(2) of the Road User Charges Act 1977 (as inserted by section 11(1) of the Road User Charges Amendment Act 1979) is hereby amended by omitting the words “Part II of the Transport Act 1962”, and substituting the words “Part I of the Transport (Vehicle and Driver Registration and Licensing) Act 1986”.

(1) The enactments specified in Schedule 4 to this Act are hereby repealed.

(2) The Transport (Fees for Registration Plates and Licence Labels) Notice 1984 published in the Gazette of 1984 at page 575 is hereby revoked.

Notwithstanding the passing of this Act, the amendments made by sections 52, 53, 55, 56, and 57 of this Act, and the repeal or revocation of enactments by section 58 of this Act—

• (a) the registration of any vehicle before 1 July 1986:

• (b) the licensing of any vehicle in respect of any period before 1 July 1986:

• (c) the examination and testing for and the issue, alteration, extension, or revocation of drivers' licences before 1 July 1986:

• (d) the issue and renewal of any driver's licence in respect of any period before 1 July 1986:

• (e) the notification of changes of ownership and other matters to which this Act or the enactments so amended, repealed, or revoked relate that are conducted before 1 July 1986—

shall be conducted as if this Act had not been passed, those amendments had not been made, and those enactments had not been repealed or revoked.