50 Victoria Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
24 February 2021
Sharna-Kim
[FYI request #14531 email]
REF: OIA-7618
Dear Sharna-Kim
Request made under the Official Information Act 1982
Thank you for your email of 26 January 2021 to the Department of the Prime Minister and Cabinet
requesting information under the Official Information Act 1982 (the Act). Your request has been
transferred to Waka Kotahi NZ Transport Agency as the matters raised fall within our responsibilities.
I have set out each of your questions and my responses below.
1) Is it LAWFULLY REQUIRED that I must have a drivers licence?
Yes, but only if you are driving a motor vehicle on a road. Section 5 of the Land Transport Act 1998
provides that a person may not drive a motor vehicle on a road without an appropriate current driver
licence.
2) Is it LAWFULLY REQUIRED that I must take and pass a driving test?
Yes, if you wish to obtain a driver licence, or renew one in some circumstances. This is prescribed in
the Land Transport (Driver Licensing) Rule 1999.
3) Is it LAWFULLY REQUIRED that I must register my own, paid-for [vehicle/motor car/private
carriage]
and therefore transfer its ownership to the government and I only become the
registered KEEPER?
Yes and no. Section 242 of the Land Transport Act 1998 lawfully requires vehicles used on roads to
be registered in the name of a registered person. However, the registration of vehicles does not impart
legal ownership rights to the registered person or the Government.
4) Is it a LAWFUL REQUIREMENT that I must submit my [vehicle/motor car/private carriage]
for an MOT test/certificate?
Yes. I interpret your question as pertaining to evidence of vehicle inspections (including Warrants of
Fitness and Certificates of Fitness). Section 6 of the Land Transport Act 1998 lawfully requires that a
motor vehicle may not be operated on a road without appropriate current evidence of vehicle
inspection. The Land Transport Rule: Vehicle Standards Compliance 2002 prescribes which vehicles
must have evidence of vehicle inspection to be operated on a road.
5) Is it a LAWFUL REQUIREMENT that I must annually pay tax ([vehicle/motor car/private
carriage]
licensing fee)?
Yes and no. Section 242 of the Land Transport Act 1998 lawfully requires vehicles used on roads to
be licensed. Variable licence periods allow a degree of flexibility and are not necessarily required to be
paid annually. The fees for vehicle licenses are prescribed in the Land Transport (Motor Vehicle
Registration and Licensing) Regulations 2011.
6) Is it a LAWFUL REQUIREMENT that I must submit a SWORN Notice to you (or anyone
else) under ANY circumstance WHATSOEVER?
No.
7) Is it a LAWFUL REQUIREMENT that I must have 3rd party insurance?
No.
8) Am I not already adequately and LAWFULLY insured via my own NHI?
I am refusing this question pursuant to section 18(e) of the Official Information Act 1982, as the
information does not exist.
9) Is it a LAWFUL REQUIREMENT that my [vehicle/motor car/private carriage]
must have
seat-belts fitted?
Yes, for most motor vehicles. Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 lawfully
requires that most vehicles be fitted with approved seat belts. Your local Warrant of Fitness or
Certificate of Fitness inspector will be able to advise if this is required for your specific vehicle,
otherwise you are welcome to email your vehicle details t
o [email address] for this information.
10) Is it a LAWFUL requirement that I must wear seat-belts?
Land Transport (Road User) Rule 2004 lawfully requires seat belts to be used (worn) in specific
circumstances detailed under Part 7.
11) Is it a LAWFUL requirement that my [vehicle/motor car/private carriage]
must be fitted with
a catalytic converter?
No. Most vehicles that enter the NZ fleet must comply with approved vehicle emission standards. If a
vehicle is modified after entry certification, including modifications to a vehicle’s exhaust emissions or
exhaust control systems, such modifications must not prevent the vehicle from complying with the
standards that applied when the vehicle was entry certified. This is prescribed in the Land Transport
Rule: Vehicle Exhaust Emissions 2007.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision to refuse
question 8. The contact details for the Ombudsman can be located at
www.ombudsman.parliament.nz.
If you would like to discuss this reply with the Waka Kotahi, please contact Rachel Mackey, Manager,
Customer Response, by email to [email address].
Yours sincerely
Michelle Charlton
Senior Manager, Customer Services