Land Transport (Certification and Other Fees) Regulations 1999
Land Transport (Certification and Other Fees) Regulations 1999: revoked, on 1 November 2014, by regulation 14 of the Land Transport (Certification and Other Fees) Regulations 2014 (LI 2014/291).
Reprint
as at 1 November 2014
Land Transport (Certification and Other Fees) Regulations 1999
(SR 1999/27)
Michael Hardie Boys, Governor-General
Order in Council
At Wellington this 2nd day of February 1999
Present:
The Right Hon Jenny Shipley presiding in Council
Land Transport (Certification and Other Fees) Regulations 1999: revoked, on 1 November 2014, by regulation 14 of the Land Transport (Certification and Other Fees) Regulations 2014 (LI 2014/291).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Transport.
Pursuant to sections 167, 168, and 218 of the Land Transport Act 1998, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.
Contents
3 Application fees for certifying organisations and certifiers
3C Hourly rate for Agency conducting spot review
7 Fee for issue of duplicate certificates
8 Application fees for certification of in-service fitness or registration
8A Fee payable by vehicle importer
8B Fees payable for purposes of Land Transport Rule: Frontal Impact 2001
8C Fee payable for Category A Left-hand Drive Vehicle Permit application
Regulations
1 Title and commencement
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(1) These regulations may be cited as the Land Transport (Certification and Other Fees) Regulations 1999.
(2) These regulations come into force on 1 March 1999.
2 Interpretation
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In these regulations, unless the context otherwise requires,—
the Act means the Land Transport Act 1998
authorised person means a person, or a member of a specified class of persons, authorised by the Agency to collect the fee required to be paid by regulation 8A
certifier means a person appointed by the Agency to certify motor vehicles under rules made under the Act
certifying organisation means a person approved by the Agency to employ 1 or more persons appointed as a certifier
heavy motor vehicle means a motor vehicle of a kind specified as a heavy motor vehicle in the Vehicle Standards Compliance rule
light motor vehicle means any motor vehicle of a kind that is not a heavy motor vehicle
Vehicle Standards Compliance rule means a rule for the time being in force under the Act that imposes—
(a) requirements for the certification of motor vehicles for compliance with applicable requirements; and
(b) requirements relating to certification of motor vehicles generally.
Regulation 2 authorised person: inserted, on 15 March 1999, by regulation 2 of the Land Transport (Certification and Other Fees) Amendment Regulations 1999 (SR 1999/49).
Regulation 2 authorised person: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2 certifier: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2 certifying organisation: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2 Director: revoked, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 2: heavy motor vehicle: inserted, on 15 March 1999, by regulation 2 of the Land Transport (Certification and Other Fees) Amendment Regulations 1999 (SR 1999/49).
Regulation 2 light motor vehicle: inserted, on 15 March 1999, by regulation 2 of the Land Transport (Certification and Other Fees) Amendment Regulations 1999 (SR 1999/49).
3 Application fees for certifying organisations and certifiers
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(1) An application for appointment as a certifying organisation must be accompanied by the following fee:
(a) $816 for a certificate of fitness site; or
(b) $512.50 for an entry (used) site; or
(c) $516.50 for a low volume vehicle site; or
(d) $498 for a warrant of fitness site.
(2) An application for appointment of an individual as a certifier must be accompanied by the following fee:
(a) $67.20 for a certificate of fitness certifier; or
(b) $67.20 for an entry (new) certifier; or
(c) $67.20 for an entry (used) certifier; or
(d) $312 for a low volume vehicle certifier; or
(e) $312 for a heavy vehicle specialist certifier; or
(f) $580 for a repair certifier; or
(g) $67.20 for a warrant of fitness certifier.
Regulation 3: substituted, on 1 March 2002, by regulation 3 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(1)(a): brought into force, on 1 August 2002, by regulation 2(3)(a) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(1)(b): brought into force, on 1 August 2002, by regulation 2(3)(a) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(1)(c): brought into force, on 1 April 2002, by regulation 2(2)(a) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(a): brought into force, on 1 August 2002, by regulation 2(3)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(b): brought into force, on 1 August 2002, by regulation 2(3)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(c): brought into force, on 1 August 2002, by regulation 2(3)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(d): brought into force, on 1 April 2002, by regulation 2(2)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(e): brought into force, on 1 August 2002, by regulation 2(3)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3(2)(f): brought into force, on 1 August 2002, by regulation 2(3)(b) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
3A Fit and proper person fee
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The fee for determining whether or not a person applying to be a certifier is a fit and proper person to be a certifier is $28.20.
Regulation 3A: inserted, on 1 March 2002 (applying on 1 April 2002 for low volume vehicle certifiers, and 1 August 2002 for certificate of fitness certifiers, entry (new) certifiers, entry (used) certifiers, heavy vehicle specialist certifiers, and repair certifiers), by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
3B Planned review fee
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The fee for undertaking a planned review of a certifier or site where certification is carried out is—
(a) $889.50 for a certificate of fitness site; or
(b) $893 for an entry (new) certifier; or
(c) $736.50 for an entry (used) site; or
(d) $609.50 for a low volume vehicle certifier; or
(e) $609.50 for a heavy vehicle specialist certifier; or
(f) $581.50 for a repair certifier; or
(g) $581.50 for a warrant of fitness site.
Regulation 3B: inserted, on 1 March 2002, by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(a): brought into force, on 1 August 2002, by regulation 2(3)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(b): brought into force, on 1 August 2002, by regulation 2(3)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(c): brought into force, on 1 August 2002, by regulation 2(3)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(d): brought into force, on 1 April 2002, by regulation 2(2)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(e): brought into force, on 1 August 2002, by regulation 2(3)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3B(f): brought into force, on 1 August 2002, by regulation 2(3)(c) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
3C Hourly rate for Agency conducting spot review
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The hourly rate for the Agency conducting a spot review is $142.50.
Regulation 3C: inserted, on 1 March 2002 (applying on 1 April 2002 for low volume vehicle certifiers, and 1 August 2002 for certificate of fitness certifiers, entry (new) certifiers, entry (used) certifiers, heavy vehicle specialist certifiers, and repair certifiers), by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 3C heading: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 3C: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
4 Waiver of fees
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If a certifying organisation or certifier has lodged 2 or more different applications under regulation 3 at the same time, the Agency may, as he or she considers appropriate, waive all or part of the fees for those applications.
Regulation 4: substituted, on 1 March 2002, by regulation 5(1) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 4: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
5 Certification fee
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A certifier or certifying organisation must pay to the Agency, in respect of each record of certification issued, the following fee:
(a) $2.40 for a certificate of fitness; or
(b) $2.50 for an entry (new); or
(c) $1.90 for an entry (used); or
(d) $38.75 for a low volume vehicle; or
(e) $6.40 for a heavy vehicle specialist; or
(f) $14.50 for a repair; or
(g) $0.81 for a warrant of fitness.
Regulation 5: substituted, on 1 March 2002, by regulation 6 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5: amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 5(a): brought into force, on 1 August 2002, by regulation 2(3)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5(a): amended, on 1 October 2010, by regulation 4(1) of the Land Transport (Certification and Other Fees) Amendment Regulations (No 2) 2010 (SR 2010/281).
Regulation 5(b): brought into force, on 1 August 2002, by regulation 2(3)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5(b): amended, on 1 October 2010, by regulation 4(2) of the Land Transport (Certification and Other Fees) Amendment Regulations (No 2) 2010 (SR 2010/281).
Regulation 5(c): brought into force, on 1 August 2002, by regulation 2(3)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5(d): brought into force, on 1 April 2002, by regulation 2(2)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5(e): brought into force, on 1 August 2002, by regulation 2(3)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
Regulation 5(f): brought into force, on 1 August 2002, by regulation 2(3)(d) of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).
6 Standards development fee
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(1) The person registered under Part 17 of the Land Transport Act 1998 in respect of a motor vehicle of a kind specified as a heavy motor vehicle or commercial vehicle in the Vehicle Standards Compliance rule must pay to the Agency, at the time of annual relicensing of the vehicle, a fee in respect of standards development and audit of $1.50.
(2) Subclause (1) does not apply in respect of a motor vehicle of a kind specified as a miscellaneous motor vehicle in a schedule of miscellaneous motor vehicles in the Vehicle Standards Compliance rule.
Regulation 6(1): amended, on 1 May 2011, by section 35(5) of the Land Transport Amendment Act 2009 (2009 No 17).
Regulation 6(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
7 Fee for issue of duplicate certificates
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(1) The fee to be paid by the operator of a motor vehicle to a certifier for a duplicate of an evidence of vehicle inspection is $7.50.
(2) Subclause (1) does not apply in respect of a motor vehicle of a kind specified as a heavy motor vehicle or commercial vehicle in the Vehicle Standards Compliance rule unless it is also of a kind specified as a miscellaneous motor vehicle in a schedule of miscellaneous motor vehicles in that rule.
(3) The fee to be paid by the operator of a motor vehicle to a certifier for a duplicate of a certificate of loading is $16.
8 Application fees for certification of in-service fitness or registration
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(1) The fee to be paid by an applicant for certification of a vehicle for in-service fitness, or certification for registration purposes, is an amount fixed by the certifier or certifying organisation that is reasonable, having regard to—
(a) the time spent in inspecting the vehicle to ascertain whether it complies with the relevant requirements; and
(b) any fees payable to the Agency under regulation 5; and
(c) any standard or usual rate at which the certifier or certifying organisation imposes charges for other work carried out in respect of motor vehicles.
(2) Where, as a result of inspection of a motor vehicle for the purposes of certification for in-service fitness, no evidence of vehicle inspection is issued, no additional fee is payable for any subsequent application to the same certifier or certifying organisation for the purposes of the same certification, if any such application is made within 28 days after the first inspection for the issue of evidence of vehicle inspection.
(3) Subclause (2) does not apply in respect of a motor vehicle of a kind specified as a heavy motor vehicle or commercial vehicle in the Vehicle Standards Compliance rule unless it is also of a kind specified as a miscellaneous motor vehicle in a schedule of miscellaneous motor vehicles in that rule.
Regulation 8(1)(b): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
8A Fee payable by vehicle importer
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(1) A person who imports any motor vehicle that is to be registered in New Zealand must pay to the Agency or to an authorised person, before the vehicle is released from the control of Customs, a fee of $20.00 in respect of the collection of information about that vehicle while it is in the control of Customs for the purposes of the Vehicle Standards Compliance rule.
(2) Despite subclause (1), a person who imports a new motor vehicle is not liable to pay a fee in respect of the collection of information about that vehicle while it is in the control of Customs if—
(a) the person imports a light motor vehicle and has been appointed as a certifier for vehicles of the same make as the vehicle that is imported; or
(b) the person imports a heavy motor vehicle and is the manufacturer or manufacturer's representative in New Zealand for the make and class of vehicle that is imported.
(3) The Agency or an authorised person may waive the fee required to be paid by subclause (1), provide for a rebate of that fee or, if all or any part of the fee has been paid, refund to the person who paid it the amount already paid, if the Agency or authorised person is satisfied that—
(a) the work actually done to collect information does not justify the payment (or full payment) of the fee; or
(b) there are special circumstances applicable to the particular case.
Regulation 8A: inserted, on 15 March 1999, by regulation 3 of the Land Transport (Certification and Other Fees) Amendment Regulations 1999 (SR 1999/49).
Regulation 8A(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Regulation 8A(3): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
8B Fees payable for purposes of Land Transport Rule: Frontal Impact 2001
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(1) The fee payable for the identification of a vehicle as an immigrant's vehicle under clause 3 of Schedule 1 of the Land Transport Rule: Frontal Impact 2001 is $50.
(2) The fee payable for an application to obtain a special interest vehicle permit under clause 3 of Schedule 2 of the Land Transport Rule: Frontal Impact 2001 is $150.
Regulation 8B: inserted, on 26 June 2008, by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2008 (SR 2008/131).
8C Fee payable for Category A Left-hand Drive Vehicle Permit application
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The fee payable for a Category A Left-hand Drive Vehicle Permit application under clause 1 of Part 2 of the Schedule of Land Transport Rule: Steering Systems 2001 is $150.
Regulation 8C: inserted, on 1 April 2010, by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2010 (SR 2010/39).
9 Fees to be inclusive of GST
The fees prescribed by these regulations are inclusive of goods and services tax.
10 Revocations
Amendment(s) incorporated in the regulations.
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 4 February 1999.
Reprints notes
1 General
This is a reprint of the Land Transport (Certification and Other Fees) Regulations 1999 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/
.
4 Amendments incorporated in this reprint
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Land Transport (Certification and Other Fees) Regulations 2014 (LI 2014/291): regulation 14
Land Transport (Certification and Other Fees) Amendment Regulations (No 2) 2010 (SR 2010/281)
Land Transport (Certification and Other Fees) Amendment Regulations 2010 (SR 2010/39)
Land Transport Amendment Act 2009 (2009 No 17): section 35(5)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)
Land Transport (Certification and Other Fees) Amendment Regulations 2008 (SR 2008/131)
Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8)
Land Transport (Certification and Other Fees) Amendment Regulations 1999 (SR 1999/49)