Land Transport Amendment Act 2004

1: Title
1: This Act is the Land Transport Amendment Act 2004.
2: In this Act, the Land Transport Act 1998 the principal Act
2: Commencement
1: Section 7
2: The rest of this Act comes into force on 1 December 2004.
3: Interpretation
1: Section 2(1) Authority Board Minister Transfund performance agreement service charter
2: Section 2(1) Authority section 66 of the Land Transport Management Act 2003 Minister .
3: Section 2(1) Director Safety
4: New
section 152 The principal Act is amended by repealing section 152
152: Power of Minister to make ordinary rules
The Minister may make rules ( ordinary rules
a: safety and licensing for any form of transport within the land transport system, including (but not limited to) technical requirements and standards:
b: assisting land transport safety and security, including (but not limited to) personal security:
c: assisting economic development:
d: improving access and mobility:
e: protecting and promoting public health:
f: ensuring environmental sustainability:
g: any matter related, or reasonably incidental, to any of the following:
i: the Minister's objectives under section 169
ii: the Minister's functions under section 169A
iii: the Director's functions and powers referred to in section 197
iv: the Authority's objectives under section 68 of the Land Transport Management Act 2003
v: the Authority's functions under section 69 of the Land Transport Management Act 2003
h: any other matter contemplated by a provision of this Act.
5: Matters to be taken into account in making rules
Section 164(2) paragraphs (d) (e)
d: the need to maintain and improve land transport safety and security, including (but not limited to) personal security:
e: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
ea: the costs of implementing measures for which the rule is being proposed: .
6: New
sections 169 169A The principal Act is amended by repealing section 169
169: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international agreements relating to land transport are implemented.
169A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in land transport:
b: to administer New Zealand's participation in any international convention, agreement, or understanding relating to land transport to which the Government of New Zealand is a party:
c: to make ordinary rules under this Act.
7: Regional land transport committees
Section 178 subsection (2)
2A: Each regional council must appoint a sufficient number of persons to represent a balance of the objectives specified in subsection (2)(a)
2B: A person appointed with respect to subsection (2)(a) or (b)
a: must be from the wider regional community; and
b: must not be a representative of that council, any other territorial authority in that region, or the Authority.
8: New
section 186 The principal Act is amended by repealing section 186
186: Director of Land Transport
1: The Authority must from time to time appoint a Director of Land Transport.
2: The Director may, but need not, be the chief executive of the Authority.
3: The terms and conditions of employment of the Director are determined by the Authority.
4: The Authority may not, in determining terms and conditions under subsection (3)
a: consulting the State Services Commissioner; and
b: having regard to all recommendations the State Services Commissioner makes to the Authority about them within a reasonable time of being consulted.
5: A failure to comply with this section does not invalidate the acts of the Director.
9: Functions and powers of Director
Section 197(2)
c: the Director must monitor adherence, within the land transport system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter.
10: Technical amendments to principal Act
The principal Act is amended in the manner indicated in the Schedule.
11: Repeals
1: The following provisions of the principal Act are repealed:
a: section 171(2)(c)(ii)
b: section 177(1)(b)
c: section 179(1)(a)
d: sections 184 185
e: section 188
f: section 189
g: sections 190 to 195
h: section 196
i: section 201
j: sections 202 203
2: Schedule 1
12: Transitional provisions relating to rules
1: Nothing in this Act affects the validity of a rule that—
a: was in force immediately before the commencement of this Act; or
b: has been made but is to come into force after the commencement of this Act.
2: If a notice of intention to make a rule has been published under section 161(2)(a)
a: the proposed rule may be made in accordance with the law in force immediately before that commencement; or
b: if the Minister so directs, a new rule may be prepared, notified, and made in accordance with the law in force on the commencement of this Act.