Land Transport (Rail) Legislation Act 2020

1: Title
This Act is the Land Transport (Rail) Legislation Act 2020.
2: Commencement
This Act comes into force on 1 July 2020.
1: Amendments to Land Transport Management Act 2003
3: Amendments to Land Transport Management Act 2003
This Part amends the Land Transport Management Act 2003 2020-07-01 Land Transport Management Act 2003
4: Section 5 amended (Interpretation)
1: In section 5(1) KiwiRail rail activity section 5A rail network investment programme
a: prepared by KiwiRail under section 22A
b: approved by the Minister under section 22B section 22D region shareholding Ministers
2: In section 5(1) procurement procedure procurement procedure
a: approved by the Agency under section 25, in relation to money spent by the Agency or an approved organisation:
b: approved by KiwiRail under section 22H section 10(3)﻿(aa)
5: New section 5A inserted (Meaning of rail activity)
After section 5
5A: Meaning of rail activity
1: In this Act, unless the context otherwise requires, rail activity
a: means—
i: any activity provided by KiwiRail (whether itself or on its behalf) that relates to railway infrastructure, railway premises, or rail maintenance vehicles (whether or not self-propelled); and
ii: any combinations of activities described in subparagraph (i)
iii: any activity or combinations of activities specified as a rail activity in regulations made under subsection (3)
b: excludes any activity or combinations of activities specified as not a rail activity in regulations made under subsection (3)
2: For the purposes of subsection (1) railway infrastructure railway premises
3: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purposes of subsection (1)﻿(a)﻿(iii) and (b)
6: Section 6 amended (Meaning of land transport revenue)
In section 6(c) Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 Part 11
7: Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
1: After section 9(2)﻿(a)
aa: rail activities or combinations of rail activities up to the amount approved by the Minister under section 22F
2: After section 9(2)﻿(b)
c: investment strategy and policy activities (up to the amount approved by the Minister and the Minister of Finance) that—
i: are carried out by the Ministry; and
ii: relate to matters that could have a significant impact on the national land transport fund.
8: Section 10 amended (National land transport fund)
After section 10(3)﻿(a)
aa: rail activities or combinations of rail activities approved under section 22F
9: Section 16 amended (Form and content of regional land transport plans)
1: After section 16(6)﻿(g)
ga: in the case of the plan for Auckland, a list of any significant rail activities or combinations of rail activities proposed by KiwiRail for Auckland; and
gb: in the case of the plan for the Wellington region, any significant rail activities or combinations of rail activities proposed by KiwiRail for the Wellington region; and
gc: in the case of the plan for any other region that has a regional transport committee within the meaning of section 105A(1)﻿(c)
2: After section 16(6)
6A: Any matter included in a regional land transport plan under subsection (6)﻿(ga), (gb), or (gc)
10: Section 19C amended (Content of national land transport programme)
After section 19C(e)
ea: a list of rail activities or combinations of rail activities included in the current rail network investment programme; and
eb: a list of rail activities or combinations of rail activities approved under section 22F
11: New sections 22A to 22H and cross-heading inserted
After section 22 Rail network investment programme
22A: KiwiRail must prepare rail network investment programme
1: Every 3 financial years, KiwiRail must prepare a rail network investment programme to apply for the following 3 financial years.
2: The programme must set out KiwiRail’s recommendations for the rail activities or combinations of rail activities—
a: to be provided by KiwiRail (whether itself or on its behalf); and
b: to be funded or partially funded by the national land transport fund in accordance with section 10(3)﻿(aa)
3: The programme must—
a: take into account the purpose of this Act; and
b: take into account the GPS on land transport; and
c: indicate any significant rail activities or combinations of rail activities likely to be included in the next programme; and
d: include sufficient information to allow the Agency to give advice to the Minister on the matters set out in section 22C
e: include any other information that the Minister requires KiwiRail to provide.
4: KiwiRail must prepare the programme by a date set by the Minister.
5: Despite subsections (1) and (4)
22B: Minister must decide whether to approve rail network investment programme
1: The Minister must decide whether to approve (or not approve) each rail network investment programme prepared by KiwiRail under section 22A
2: The Minister must make reasonable efforts to make a decision before the start of the first financial year to which the programme applies.
3: The Minister must not make a decision unless the Minister has first—
a: consulted KiwiRail’s shareholding Ministers; and
b: considered the Agency’s advice given under section 22C
4: The Minister may at any time refer a programme back to KiwiRail with a request that KiwiRail reconsider 1 or more aspects of it.
5: Subsection (6) subsection (3)
a: the Minister refers a programme back under subsection (4)
b: KiwiRail submits a revised programme.
6: The Minister must repeat the requirements of subsection (3)
7: The Minister must notify the shareholding Ministers, the Ministry, the Agency, and KiwiRail of whether a programme has been approved (or not approved).
8: A programme approved under this section is to be treated as if it were approved before the start of the first financial year to which it applies.
22C: Agency must advise on rail network investment programme
1: The Agency must give advice to the Minister for the purposes of section 22B(3)﻿(b)
a: whether the rail network investment programme—
i: contributes to the purposes of this Act; and
ii: is consistent with the GPS on land transport; and
iii: takes into account any relevant regional land transport plan:
b: whether the Agency is satisfied that the programme includes the following information:
i: a recommendation on the maximum contribution to be made from the national land transport fund under section 10(3)﻿(aa)
ii: a statement of the specific rail activities or combinations of rail activities to be funded or partially funded using that contribution:
iii: a statement of the revenue (if any) KiwiRail expects to receive in relation to the activities other than from the fund:
iv: a financial forecast, for the 10-year period starting from the date on which the programme takes effect, of anticipated revenue and expenditure in relation to the activities:
c: whether the Agency considers that KiwiRail has provided the information that the Minister has required under section 22A(3)﻿(e)
d: whether, based on the matters set out in paragraphs (a) to (c)
2: The Agency must give—
a: its advice to the Minister by a date set by the Minister; and
b: a copy of that advice to the Ministry and KiwiRail as soon as practicable after giving it to the Minister.
22D: Rail network investment programme may be varied during its currency
1: KiwiRail may prepare a variation to a rail network investment programme for approval during its currency.
2: For that purpose, sections 22A to 22C
3: Subsection (2)
22E: Rail network investment programmes to be available on Agency and KiwiRail Internet sites
The Agency and KiwiRail must make available on their Internet sites each rail network investment programme approved by the Minister under section 22B section 22D(2) or (3)
22F: Minister may approve funding of rail network investment programme activities
1: At KiwiRail’s request, the Minister may approve a rail activity or combinations of rail activities to be funded or partially funded by the national land transport fund.
2: The Minister must not make a decision to approve (or not approve) the funding unless—
a: the activity or combinations of activities are included in—
i: the current rail network investment programme; or
ii: any programme being considered for approval under section 22B
b: the Minister has first—
i: consulted KiwiRail’s shareholding Ministers; and
ii: considered the Agency’s advice given under section 22G
3: The Minister may approve a rail activity or combinations of rail activities for funding or partial funding by the national land transport fund without satisfying the requirements of subsection (2)
a: either or both of the following apply:
i: the activity or combinations of activities are in the urgent interests of public safety:
ii: the activity or combinations of activities are necessary to immediately or temporarily repair damage caused by a sudden and unexpected event; and
b: the activity or combinations of activities will be provided by KiwiRail (whether itself or on its behalf); and
c: before making a decision, the Minister has sought advice from the Agency on whether it considers that the Minister should approve the funding.
4: The Minister must notify the shareholding Ministers, the Ministry, the Agency, and KiwiRail of all activities that, under this section, the Minister—
a: approves to be funded or partially funded; or
b: does not approve to be funded or partially funded.
22G: Agency must advise on rail activities to be funded
1: The Agency must give advice to the Minister for the purposes of section 22F(2)﻿(b)﻿(ii)
a: whether the rail activity or combinations of rail activities are included in the current rail network investment programme or, as the case may be, a programme being considered for approval under section 22B
b: whether the activity or combinations of activities take into account—
i: any relevant regional land transport plan; and
ii: any national energy efficiency and conservation strategy; and
iii: any relevant national policy statements or regional policy statements for the time being in force under the Resource Management Act 1991:
c: whether the activity or combinations of activities will contribute to the purpose of this Act and are consistent with the GPS on land transport:
d: whether the activity or combinations of activities are efficient and effective:
e: whether, based on the matters set out in paragraphs (a) to (d)
2: If the advice relates to an activity or combinations of activities included in a programme being considered for approval under section 22B section 22C(1)﻿(b)﻿(ii)
3: The Agency must develop, and make available on its Internet site, 1 or more assessment methods to use when giving advice in relation to the matters set out in subsection (1)﻿(c) and (d)
4: The Agency must give—
a: its advice to the Minister by a date set by the Minister; and
b: a copy of that advice to the Ministry and KiwiRail as soon as practicable after giving it to the Minister.
22H: KiwiRail must use specified procurement procedure for delivering certain activities
1: KiwiRail must approve 1 or more procurement procedures that will apply to the delivery of rail activities and combinations of rail activities funded under section 10(3)﻿(aa)
2: The procedures must—
a: be designed to obtain the best value for the money funded under that provision; and
b: take into account current government procurement practices.
3: KiwiRail must consult the Agency before approving the procedures.
4: KiwiRail and the Agency must make available the procurement procedures on their Internet sites.
12: Section 95 amended (Functions of Agency)
After section 95(1)﻿(g)
ga: to assist, advise, and co-operate with KiwiRail in relation to KiwiRail’s role in preparing each rail network investment programme:
gb: to monitor and report to the Minister on the matters set out in section 102A
13: New section 102A inserted (Monitoring and reporting on matters relating to rail network investment programme)
After section 102
102A: Monitoring and reporting on matters relating to rail network investment programme
1: The Agency must—
a: monitor the provision of rail activities or combinations of rail activities approved by the Minister under section 22F
b: monitor the extent to which the rail network investment programme—
i: contributes to the purposes of this Act; and
ii: is consistent with the GPS on land transport; and
c: report annually on its findings to the Minister.
2: KiwiRail must, when reasonably requested to do so, provide the Agency with sufficient relevant information for the Agency to fulfil its obligations under this section.
14: Section 105 amended (Regional transport committees)
1: Repeal section 105(14)
2: After section 105(15)
16: This section is subject to the requirements for additional membership under section 105A
15: New section 105A inserted (KiwiRail representation on regional transport committees)
After section 105
105A: KiwiRail representation on regional transport committees
1: In this section, regional transport committee
a: the regional transport committee for Auckland; and
b: the regional transport committee for the Wellington region (or any joint committee that includes members for the Wellington region); and
c: a regional transport committee or joint committee named by the Minister, by notice in the Gazette
2: A regional transport committee must include 1 additional member to represent KiwiRail (the KiwiRail member
3: KiwiRail must appoint the KiwiRail member.
4: The KiwiRail member has no voting rights at any meeting of the committee and must not be appointed as the chairperson or deputy chairperson (or by any other process preside at any meeting).
5: The Minister may name a committee under subsection (1)﻿(c)
2: Amendments to other legislation
16: Amendment to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: After section 5(6AA)
6AAB: For the purposes of this Act, a fee or charge paid to a person pursuant to regulations made under section 167(1)﻿(j) of the Land Transport Act 1998 is treated as being consideration for a supply of services in the course or furtherance of a taxable activity carried on by the person. 2020-07-01 Goods and Services Tax Act 1985
17: Amendments to Land Transport Act 1998
Sections 18 19 Land Transport Act 1998 2020-07-01 Land Transport Act 1998
18: Section 168 amended (Regulations relating to fees and charges for land transport)
After section 168(4)﻿(g)
h: identify those fees and charges that are land transport revenue for the purposes of the Land Transport Management Act 2003.
19: New sections 168AA and 168AAB inserted
After section 168
168AA: Land transport revenue to be paid into national land transport fund
All fees and charges (excluding applicable refunds and goods and services tax) identified in regulations made under this Part as land transport revenue for the purposes of the Land Transport Management Act 2003 must be paid into a Crown Bank Account and treated as land transport revenue.
168AAB: Certain orders are confirmable instruments
1: This section applies to regulations made by Order in Council under this Part that identify fees or charges as land transport revenue for the purposes of the Land Transport Management Act 2003.
2: The explanatory note of the Order in Council must indicate that—
a: it is a confirmable instrument under section 47B of the Legislation Act 2012; and
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)﻿(a) or (b) of that Act.
20: Amendment to Legislation Act 2012
1: This section amends the Legislation Act 2012
2: In Schedule 2 sections 269 270 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 2 of the Legislation Act 2012 and should be read with that table to provide understanding of the context. Land Transport Act 1998 167(1)﻿(j)—restriction: only if the regulations prescribe fees or charges that are identified as land transport revenue for the purposes of the Land Transport Management Act 2003 2020-07-01 Legislation Act 2012