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Vehicle Licensing Infringements

Jo made this Official Information request to New Zealand Transport Agency

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From: Jo

Dear New Zealand Transport Agency,

Section 242, Land Transport Act 1998 states that a motor vehicle must be licensed at all times.

Section 7, Land Transport (Motor Vehicle Registration and Licencing) Regulations 2011 states that the registrar may cancel the registration of a motor vehicle if at least 12 months have elapsed since the date of expiry of the latest licence issued.

The NZTA interperet this to be an entitlement to charge 12 months licencing fees to cover the period during which the vehicle subject to Section 255 of the act was not licenced. Effectively, the vehicle is licenced retrospectively by virtue of the payment of these fees to satisfy the requirements of Section 242.

Therefore, any infringement fees paid to Police or Local Government during this period must now be void because the vehicle was not operated on a road while unlicensed.

Please provide all documentation that covers this eventuality and the legality of any infringement notices issued during the initial 12 month period after licence expiry.

Please note that I am requesting all existing documentation, not communication or advice provided to NZTA.

Yours faithfully,

Joe

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From: Official Correspondence
New Zealand Transport Agency


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Dear Joe

 

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From: Jo <[FYI request #11974 email]>
Sent: Friday, 3 January 2020 9:17 PM
To: Official Correspondence <[NZTA request email]>
Subject: Official Information request - Vehicle Licensing Infringements

 

Dear New Zealand Transport Agency,

 

Section 242, Land Transport Act 1998 states that a motor vehicle must be
licensed at all times.

 

Section 7, Land Transport (Motor Vehicle Registration and Licencing)
Regulations 2011 states that the registrar may cancel the registration of
a motor vehicle if at least 12 months have elapsed since the date of
expiry of the latest licence issued.

 

The NZTA interperet this to be an entitlement to charge 12 months
licencing fees to cover the period during which the vehicle subject to
Section 255 of the act was not licenced. Effectively, the vehicle is
licenced retrospectively by virtue of the payment of these fees to satisfy
the requirements of Section 242.

 

Therefore, any infringement fees paid to Police or Local Government during
this period must now be void because the vehicle was not operated on a
road while unlicensed.

 

Please provide all documentation that covers this eventuality and the
legality of any infringement notices issued during the initial 12 month
period after licence expiry.

 

Please note that I am requesting all existing documentation, not
communication or advice provided to NZTA.

 

Yours faithfully,

 

Joe

 

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