44 Bowen Street
Private Bag 6995
Wellington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
www.nzta.govt.nz
24 April 2024
Cody C
[FYI request #26242 email]
REF: OIA-15018
Dear Cody
Request made under the Official Information Act 1982
Thank you for your email
of 26 March 2024 requesting the following information under the Official
Information Act 1982 (the Act):
Please provide the source of the relevant legislation, or legal advice, which prohibits the
supervisor being either asleep or drunk.
In response to your request, there is no definition of “
in charge of” in the
Land Transport (Driver
Licensing) Rule 1999 s18(2)(b) (the Rule). However, the Rule outlines that people on a learner or
restricted licence should be supervised by a qualified driver seated as closely as possible to the driver
so that they can take control of the vehicle if need be. If that person is drunk or asleep, this
intervention is not possible and, ultimately defeats the objective of the Rule to make significant gains in
land transport safety. Looking to the purpose of the provision and legislation to infer its meaning would
be in line with the
Legislation Act 2019 section 10. The very act of supervision is active not passive. The supervisor is there to monitor the driver and
must be prepared to take over the vehicle or intervene if the inexperienced driver gets into difficulty.
If you would like to discuss this reply with NZTA, please contact Ministerial Services, by email to
[NZTA request email]
Yours sincerely
Iain Feist
General Counsel, Regulatory