LAW COMMISSION REPORT TO LAC
Name of Bill Land Transport Amendment Bill (No 4) 164-1
Name of Advisor Janet November
Name of Commissioner Geoffrey Palmer
Report to LAC -
Current Status of Bill Introduction 3 October; first reading
Nature & Size of Bill The Bill enhances the power of police to deal with drug-impaired drivers and inserts a new Part 17
that relates to the registration and licensing of motor vehicles.
62 clauses; 49 pages
LAC CHECKLIST
1 Appropriate means of achieving the policy objective The legislative policy is to (a) enable police to prosecute a person driving under the influence of
drugs successfully where driving is impaired and there is evidence of illegal drugs in the driver's
blood, providing similar penalties to drink driving offences; (b) to establish a registration regime
that permits use of register information that is consistent with the purposes of the motor vehicles
register and certain other authorised purposes but also protects personal information on the register.
(c) A further policy is to improve the quality of register infromation, particularly of current owners
of vehicles.
These are both quite comprehensive amendments to the principal Act but seem quite clear. The
drug- impaired driving offences involve amendments that are aligned to drink driving offences. The
registration provisions involve significant changes in approach and in substance to the previous
regime for the motor vehicles register. These are contained in a new Part 17 which replaces sections
18-20 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 (to be repealed by
this legislation). Part 17 of the Land Transport Act seems an appropriate means of achieving the
policy objective.
2 Understandable and accessible legislation The legislation seems clear and accessible
3 Basic principles of New Zealand's legal and constitutional system The legislation conforms with basic principles. However, there are a number of provisions which
affect the rights of motor vehicle owners and the general public.
(a) Re the drug-impared driving provisions, there is power for an enforcement officer to immobolise
a vehicle where a person is incapable of having control of that vehicle (as now) or unable to
complete a compulsory impairment test - which seems entirely reasonable in the interests of public
safety.
(b) Re the new Part 17: the previous law gave the public a right to a certificate of particulars of
persons recorded in the motor vehicles register, except where a person had successfully applied for
a registrar to decline a certificate on grounds of security, defence of New Zealand, maintenance of
the law, privacy or personal safety of any person.
The new Part 17 removes this general right of access and replaces it with provisions that are
protective of the privacy and personal safety of persons recorded on the register, by linking access
to information about such persons to the stated purposes of the register unless access to names and
addresses of persons on the register has been otherwise authorised.
The conflict between freedom of information rights of the general public and privacy interests of
persons recorded on the register has been resolved in favour of protection of privacy, but permitting
disclosure of information for public interest purposes.
(c) Under clause 249, an enforcement officer may give warning, affixed to a motor vehicle that is
not registered, directing the vehicle be removed from the road and not driven until the vehicle is
registered in the name of the current owner. If an enforcement officer reasonably believes that a
person has driven the vehicle on a road while the notice was in force (ie while the vehicle was
unregistered) the officer may seize and impound the vehicle and must issue the driver with a notice
to this effect (cl 250).
Safeguards for owners include: personal property items can be claimed, and the vehicle must be
released from storage as soon as practicable after evidence of registration in the name of the current
owner is produced. The vehicle must not be damaged in storage and can only be disposed of if not
released within 10 working days of its impoundment. The affected person can appeal to the District
Court against the decision of the enforcement officer under cl 250 (see cl 268) see 15, below.
4 Statutory interpretation No issues identified
5 New Zealand Bill of Rights Act 1990 Bill of Rights vet due shortly - seizure and detention of m/v - s 21?
6 Human Rights Act 1993 There are no prohibited grounds of discrimination in the amendments
7 Principles of the Treaty of Waitangi Not applicable
8 International obligations and standards The new part 17 insofar as it is protective of privacy, complies with New Zealand's obligations
under the International Covenant on Civil and Political Rights, signed in 1968, ratified in 1978; art
17 provides that "no-one shall be subjected tyo arbitrary or unalwful interference with his privacy" .
. . and "Everyone has the right to protection of the law against such interference".
Part 17 also complies with the OECD guidelines for the Protection of Privacy and Transborder flow
of Personal Data, especially the use limitation principle - disclosure of personal data.
9 Relationship to existing law The legislation repeals the Transport (Vehicle and Driver Registration and Licensing) Act 1986 and
(a) amends the Land Transport Act 1998 by amending s 2, inserting a new s 11A, and 57A,
amending ss 59, 62 and 64, inserting a new s 71A, amending s 72, inserting a new s 73A, amending
ss 79, 120, 121, 167 and inserting a new s 209A. (b) A new part 17 (ss 233-270) is inserted.
Amendments under (a) above modify and expand existing very similar criminal offences and
impose the same penalties; under (b) the registration provisions relate to the subject matter of the
Act (land transport).
10 Creation of a new public power Enforcement officers are given additonal power to immobolise vehicles where a driver is incapable
of completing a compulsory impairment test.
Enforcement officers are also given power to seize and impound (or authorise seizure and
impoundment of) a motor vehicle not registered in the name and current address of the owner. But
the driver or owner must have been first directed by notice given to him or her or affixed to the
relevant vehicle, to remove the vehicle from the road immediately and not allow it to be driven on a
road until registered in the name and current address of the owner. See 3 above for more details. So,
there is protection for the owner in that the power to seize and impound can only be used if a
warning has been issued. The power is justified in the interests of the effective enforcement of
traffic law and the integrity & quality of the motor vehicles register.
11 Creation of a new public body No issues
12 Delegation of legislative power No issues
13 Remedies See 15, below
14 Criminal offences No issues raised.
15 Appeal and review Appeal to the District Court against the decision of the enforcement officer under s 250 (see above)
and against the decision of a registrar under s 266 (surrender of registration plates in certain
circumstances (generally of unlawful use): see cl 268.
16 Powers of entry and search Power to seize and impound unregistered motor vehicle - see 3 and 10 , above.
17 Cross-border issues Not applicable.
18 Alternative Dispute Resolution Not applicable
