Land Transport (Certification and Other Fees) Regulations 1999

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Reprint
as at 1 August 2008

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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

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 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.

Regulations

1 Title and commencement

  • (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

  • 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

  • (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

  • 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, by regulation 4 of the Land Transport (Certification and Other Fees) Amendment Regulations 2002 (SR 2002/8).

3B Planned review fee

  • 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

  • The hourly rate for the Agency conducting a spot review is $142.50.

    Regulation 3C: inserted, on 1 March 2002, 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

  • 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

  • A certifier or certifying organisation must pay to the Agency, in respect of each record of certification issued, the following fee:

    • (a) $2.30 for a certificate of fitness; or

    • (b) $2.40 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(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(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

  • (1) The owner 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 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

7 Fee for issue of duplicate certificates

  • (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

  • (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

    • (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

  • (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

  • (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).

9 Fees to be inclusive of GST

  • The fees prescribed by these regulations are inclusive of goods and services tax.

10 Revocations

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 February 1999.

Land Transport (Certification and Other Fees) Amendment Regulations 2002

(SR 2002/8)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 29th day of January 2002

Present:
The Right Hon Helen Clark presiding in Council

Pursuant to sections 167, 168, and 218 of the Land Transport Act 1998, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement

  • (1) Except as provided in subclauses (2) to (4), these regulations come into force on 1 March 2002.

    (2) The following regulations come into force on 1 April 2002:

    • (a) regulation 3(1)(c) of the principal regulations (as inserted by regulation 3 of these regulations); and

    • (b) regulation 3(2)(d) of the principal regulations (as inserted by regulation 3 of these regulations); and

    • (c) regulation 3B(d) of the principal regulations (as inserted by regulation 4 of these regulations); and

    • (d) regulation 5(d) of the principal regulations (as inserted by regulation 6 of these regulations).

    (3) The following regulations come into force on 1 August 2002:

    • (a) regulation 3(1)(a) and (b) of the principal regulations (as inserted by regulation 3 of these regulations); and

    • (b) regulation 3(2)(a) to (c), (e), and (f) of the principal regulations (as inserted by regulation 3 of these regulations); and

    • (c) regulation 3B(a) to (c), (e), and (f) of the principal regulations (as inserted by regulation 4 of these regulations); and

    • (d) regulation 5(a) to (c), (e), and (f) of the principal regulations (as inserted by regulation 6 of these regulations).

    (4) Regulations 3A and 3C of the principal regulations (as inserted by regulation 4 of these regulations) come into force on 1 March 2002, but do not apply until—

    • (a) 1 April 2002 for low volume vehicle certifiers:

    • (b) 1 August 2002 for the following certifiers:

      • (i) certificate of fitness certifiers:

      • (ii) entry (new) certifiers:

      • (iii) entry (used) certifiers:

      • (iv) heavy vehicle specialist certifiers:

      • (v) repair certifiers.

5 Regulation 4 substituted

  • (1) Amendment(s) incorporated in the regulations.

    (2) Despite subclause (1), regulation 4 of the principal regulations (as it read before 1 March 2002) continues to apply until—

    • (a) 1 April 2002 for low volume vehicle certifiers:

    • (b) 1 August 2002 for the following certifiers:

      • (i) certificate of fitness certifiers:

      • (ii) entry (new) certifiers:

      • (iii) entry (used) certifiers:

      • (iv) heavy vehicle specialist certifiers:

      • (v) repair certifiers.

Marie Shroff,
Clerk of the Executive Council.

Date of notification in Gazette: 31 January 2002.

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 (Certification and Other Fees) Regulations 1999. The reprint incorporates all the amendments to the regulations as at 1 August 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)