What are Rules?

Land Transport Rules are a form of delegated legislation similar to regulations. Land Transport New Zealand produces Rules under an agreement for Rule development services made with the Secretary for Transport, for signature by the Minister of Transport under the Land Transport Act 1998. Rules can be made on a wide variety of subjects related to the objectives of the Government’s New Zealand Transport Strategy. These include safeguarding and improving safety and personal security, improving access and mobility, protecting and promoting public health and helping to ensure environmental sustainability.

As well as proposing new requirements, Rules consolidate and clarify existing requirements on particular subjects that are spread throughout a variety of legal instruments including regulations, Gazette notices, Orders and policy directives.

Rules are written in plain language to ensure that they are widely understood and complied with. Each Rule must be economically viable, technically accurate and legally correct. Before being signed, Rules go through an extensive process of consultation with the transport industry and other interested groups and individuals, including government departments and agencies and, when relevant, local authorities and community groups.

How does a Rule become law?

Rules may go through five stages:

• Blue phase: policy development, which may include a discussion paper on policy proposals.
• Red phase (optional): Draft of the legislative provisions sent to registered interest groups.
• Yellow phase: Public consultation (advertised in public notice columns of the major metropolitan and regional newspapers and distributed widely).
• Green (optional): Draft of Rule released for final comment if there’s a long delay or major changes after the yellow draft was released.
• White phase: This is the draft which is sent to the Ministry of Transport for government scrutiny. The Ministry and other departments and agencies may make changes before the Rule is submitted to Cabinet and then to the Minister to sign.

Ordinary Rules are signed by the Minister of Transport (or Minister for Transport Safety). Rules become law 28 days after gazetting and take effect on the date set out in the Rule. The Minister seeks the agreement of Cabinet before drafting commences and refers a Rule to Cabinet for noting before signing the Rule into law. Before the Minister can make an ordinary Rule, it must undergo an extensive process of consultation involving industry groups, government departments and agencies, and the public. Individual Rules may be subject to scrutiny by legislative bodies such as the Cabinet, caucus and select committees in the course of their production. They are referred to the Regulations Review Committee at the white draft phase.

Rules, like regulations, after being signed, must be tabled in Parliament, and are again referred to the Regulations Review Committee for scrutiny. This committee can recommend to Parliament that a particular Rule that it finds unacceptable be disallowed.

Last updated: 23 February 2005