Local Government (Auckland) Amendment Act 2004

1: Title
1: This Act is the Local Government (Auckland) Amendment Act 2004.
2: In this Act, the Local Government Act 2002 the principal Act
2: Commencement
1: Sections 45 46 Schedules 4 6
a: 1 January 2005; or
b: any earlier date specified by the Governor-General by Order in Council.
2: The rest of this Act comes into force on 1 July 2004.
1: Preliminary provisions
3: Purpose
The purpose of this Act is—
a: to improve the integration of—
i: the Auckland regional land transport system; and
ii: the management of land transport funding and assets for the Auckland Region; and
iii: decisions on stormwater funding for the Auckland Region; and
b: to require Auckland local authorities to change the policy statement and plans prepared under the Resource Management Act 1991
4: Interpretation
1: In this Act, unless the context otherwise requires,— agreement
a: includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law; and
b: without limiting paragraph (a), includes a contract of service and a deed, contract, agreement, or arrangement creating or evidencing a trust appointments panel section 11 ARC ARH section 18 ARTA section 7 assets
a: means any real or personal property of any kind, whether or not subject to rights; and
b: without limiting paragraph (a), includes—
i: any estate or interest in any land, including all rights of occupation of land or buildings:
ii: all buildings, vehicles, plant, equipment, and machinery, and any rights in them:
iii: all securities within the meaning of the Securities Act 1978
iv: all rights of any kind, including rights under Acts and agreements, and all applications, objections, submissions, and appeals relating to such rights:
v: all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law:
vi: goodwill, and any business undertaking:
vii: interests of any kind in any of the property specified in subparagraphs (i) to (vi) Auckland local authority Auckland Region
a: means the region of ARC; and
b: includes that part of the district of the Franklin District Council that is not within the region of ARC Auckland Regional Land Transport Fund Auckland regional land transport system Auckland territorial authority board employee section 6 Infrastructure Auckland section 707ZZJ liabilities
a: liabilities and obligations under any Act or agreement; and
b: debt securities within the meaning of the Securities Act 1978
c: contingent liabilities; and
d: interests of any kind in any of the liabilities specified in paragraphs (a) to (c) regional public transport plan section 4 rights stormwater grant transport grant
2: In this Act, unless the context otherwise requires, activity activity class affected community approved activity approved organisation balance of the fund, land transport land transport disbursement account land transport options and alternatives land transport programme national land transport fund, national land transport programme public transport service and regional land transport strategy section 5 Section 4(1) regional public transport plan inserted 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 4(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
5: Act binds the Crown
This Act binds the Crown.
2: Auckland Region land transport and stormwater
6: Purpose of this Part
The purpose of this Part is to—
a: assign to the Auckland Regional Council principal responsibility for—
i: setting the strategy for the Auckland regional land transport system; and
ii: integrating the planning, funding, and development of the Auckland regional land transport system; and
iii: stormwater funding in the long-term interests of the Auckland Region (to the extent that this function was, before the commencement of this Act, the responsibility of Infrastructure Auckland); and
b: establish the Auckland Regional Transport Authority and Auckland Regional Holdings to assist the Auckland Regional Council to discharge that responsibility; and
c: dissolve Infrastructure Auckland, and transfer its assets and liabilities to Auckland Regional Holdings and other organisations; and
d: require Auckland local authorities to prepare and notify changes to the policy statement and plans under the Resource Management Act 1991 Auckland Regional Transport Authority
7: Establishment of Auckland Regional Transport Authority
1: This section establishes the Auckland Regional Transport Authority.
2: ARTA is a body corporate with perpetual succession.
3: Schedule 1
8: Objective and principles
1: The objective of ARTA is to plan, fund, and develop the Auckland regional land transport system in a way that contributes to an integrated, safe, responsive, and sustainable land transport system for the Auckland Region.
2: In meeting its objective, ARTA must exhibit a sense of social and environmental responsibility, which includes—
a: avoiding, to the extent reasonable in the circumstances, adverse effects on the environment; and
b: ensuring, to the extent practicable, that—
i: the views of affected communities are taken into account; and
ii: land transport options and alternatives are given early and full consideration in a manner that contributes to paragraph (a) and subparagraph (i); and
iii: early and full opportunities are provided to the persons and organisations who are required to be consulted in order to contribute to the development of land transport programmes.
3: In performing its functions, ARTA must act in accordance with the following principles:
a: ARTA should have a focus on both the overall needs of the Auckland Region and the views of communities in the Auckland Region; and
b: ARTA should have regard to the reasonably foreseeable needs of future generations, including the economic and cultural well-being of people and communities; and
c: ARTA should foster co-operative and collaborative working relationships; and
d: ARTA should contribute to the achievement of its objective, including its environmental and social responsibilities, in an efficient and effective manner; and
e: ARTA should have clear accountability for the way that it contributes to an integrated, safe, responsive, and sustainable land transport system for the Auckland Region; and
f: ARTA should be a good employer within the meaning of clause 36
g: ARTA should operate in a financially responsible manner.
9: Functions of ARTA
1: The functions of ARTA are—
a: on and from 1 January 2005, (or an earlier date, if any, appointed by the Governor-General by Order in Council) to—
i: assume responsibility for the land transport programme prepared by ARC for the year ending 30 June 2005; and
ii: assume responsibility for the public transport service assets and liabilities of ARC vested in it by section 31
iii: perform the functions of the regional council for the Auckland Region under the Public Transport Management Act 2008
iv: assume responsibility for the approved activities of ARC under the national land transport programme at that date other than activities relating to the exercise of ARC's powers under sections 175 to 182
b: in relation to the financial year that commenced on 1 July 2004, to complete (as if it were ARC before the commencement of this section) the land transport programme for the Auckland land transport system under the Land Transport Management Act 2003
c: to prepare and approve a regional land transport programme for the Auckland land transport system that includes all of ARTA' s activities under this Act in accordance with the Land Transport Management Act 2003
d: to seek and receive funding for the Auckland regional land transport system from sources other than the national land transport fund
e: on and from 1 January 2005, to make payments from the Auckland Regional Land Transport Fund as authorised by this Act or the Land Transport Management Act 2003
f: on and from 30 June 2007, to undertake and exercise any functions and powers of a road controlling authority that are delegated to it by an Auckland territorial authority under section 37
g: to carry out research, education, or training in relation to land transport in the Auckland Region; and
h: to undertake any other functions that are given to it by this Act or any other Act, or that are incidental and related to, or consequential upon, any of its functions under this Act or any other Act.
2: In determining whether to include a particular activity in its regional
3: Nothing in this Act, the principal Act, the Land Transport Act 1998 Land Transport Management Act 2003 regional Section 9(1)(a)(iii) amended 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 9(1)(c) substituted 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(1)(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(3) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
10: Board of ARTA
1: All decisions relating to the operation of ARTA are to be made by or under the authority of the board of ARTA in accordance with this Act and ARTA's statement of intent under section 64
2: The board of ARTA must ensure that ARTA acts in a manner consistent with its objective, including its social and environmental responsibilities.
3: The board of ARTA is accountable in accordance with this Act and the principal Act for the performance by ARTA of its functions.
4: ARC may, by notice in the Gazette
11: Appointments panel
1: The directors, chairperson, and deputy chairperson of ARTA are to be appointed by an appointments panel convened by ARC as necessary.
2: The appointments panel is to consist of natural persons as follows:
a: the chairperson of ARC; and
b: 1 person appointed (by written notice to ARC) by each Auckland territorial authority; and
c: persons appointed in writing by ARC, the number of whom equals the number of Auckland territorial authorities.
3: The chairperson of the appointments panel is the chairperson of ARC.
4: Schedule 2
5: The convening of an appointments panel and anything done by the panel and by ARC in relation to the panel before the commencement of this Act is to be treated as being as valid and effective as it would have been had it been done on or after the commencement of this Act.
12: Members of appointments panel to act independently
A member of the appointments panel—
a: must act independently; and
b: is not responsible to the person who appointed the member or whom the member represents.
13: Appointment of directors and chairperson and deputy chairperson of ARTA
1: The appointments panel may, by notice in the Gazette
a: any natural person as a director of ARTA; and
b: any director as the chairperson or deputy chairperson of the board of ARTA.
2: An appointment or reappointment takes effect on and from—
a: the date specified in the notice; or
b: if a date is not specified, the date on which the notice is published in the Gazette
3: No person may be a director of ARTA if the person—
a: is an elected member or employee of an Auckland local authority; or
b: has a financial interest in any contract or arrangement entered into by ARTA.
14: Temporary directors
1: Subsection (2) applies if, at any time after the first appointment of directors under section 13
2: ARC may, by notice in the Gazette
3: An appointment under subsection (2) expires when there is at least a quorum of directors who have been appointed by the appointments panel.
4: If at any time there is no chairperson or deputy chairperson of directors of ARTA, ARC may, by notice in the Gazette
5: An appointment under subsection (4) expires when there is a chairperson or deputy chairperson, as the case may be, who has been appointed by the appointments panel.
15: ARTA is council-controlled organisation
1: ARTA is a council-controlled organisation for the purposes of the principal Act.
2: For the purposes of Part 5
3: Sections 56 59 60
16: Modifications of statement of intent
In relation to ARTA's statement of intent under the principal Act,—
a: ARTA, in complying with clauses 2 to 5 9
b: ARC, in carrying out its functions under that schedule, must provide its reasons for proposing any modifications to ARTA's statement of intent.
17: ARTA's responsibilities in relation to administration costs
ARTA must ensure that—
a: its administration costs in any financial year do not exceed an amount approved by ARC; and amendment by s 50(1) of 2008 No 47 cannot be made. Amendment says to replace the word Transfund but this does not appear in (a) but in (b) (CW)
b: its administration costs in relation to funds provided by Transfund in any financial year do not exceed an amount approved by Transfund. Auckland Regional Holdings
18: Establishment of Auckland Regional Holdings
1: This section establishes Auckland Regional Holdings.
2: ARH is a body corporate with perpetual succession.
3: Schedule 1
19: Objective and principles of ARH
1: The objective of ARH is to—
a: act in the long-term interests and for the benefit of the Auckland Region; and
b: without limiting paragraph (a), manage its assets prudently.
2: In performing its functions, ARH must act in accordance with the following principles:
a: ARH should collaborate and co-operate with ARC and ARTA to achieve the overall objectives of ARC; and
b: ARH should undertake any commercial activities in accordance with sound business practice; and
c: ARH should ensure prudent stewardship and the efficient and effective use of resources; and
d: ARH should exhibit a sustainable development approach in its decision-making by taking into account—
i: the social, economic, and cultural well-being of people and communities; and
ii: the need to maintain and enhance the quality of the environment; and
iii: the reasonably foreseeable needs of future generations; and
e: ARH should have clear accountability for the way that it contributes to an integrated, safe, responsive, and sustainable land transport system for the Auckland Region; and
f: ARH should be a good employer within the meaning of clause 36
g: ARH should operate in a financially responsible manner and, for this purpose,—
i: endeavour to maintain its long-term financial viability; and
ii: prudently manage its assets and liabilities.
20: Functions of ARH
The functions of ARH are to—
a: own, directly or indirectly, and manage assets (including funds) in the long-term interests of the Auckland Region; and
b: provide funds to ARC in accordance with ARH's long-term funding plan prepared under section 21
c: make land transport assets available to assist ARTA to achieve ARTA's objective; and
d: undertake such other functions as are given to it by this Act or any other Act, or are authorised by its statement of intent.
21: Long-term funding plan
1: Having regard to ARC' s long-term council community plan, ARH must deliver to ARC a draft long-term funding plan on or before 1 March in each year.
2: The long-term funding plan must—
a: relate to the 10-year period beginning on 1 July in the year it is delivered to ARC; and
b: include the following matters:
i: forecasts of the funds required by ARC from ARH: and
ii: forecasts of funds, both capital and income, that will be available for distribution by ARH to ARC; and
iii: forecasts of funds, both capital and income, that ARH intends to reinvest in existing or new activities; and
iv: the proposed source of those funds; and
v: estimated cash flow projections for the period of the plan; and
vi: estimated changes in the net worth of ARH for the period of the plan; and
vii: such other financial and non-financial information as is necessary for a proper understanding of these forecasts; and
viii: an investment and treasury management policy; and
ix: a liability management policy.
3: ARH must—
a: consider any comments on the draft long-term funding plan that are made to it by ARC within 2 months after 1 March; and
b: deliver the long-term funding plan to ARC on or before 30 June.
4: ARH may, by written notice, modify its long-term funding plan if ARH has first—
a: given written notice to ARC of the proposed modification; and
b: considered any comments made on the proposed modification by ARC within—
i: 1 month after the date on which the notice under paragraph (a) was given; or
ii: any shorter period that ARC may agree to.
5: ARC may, by resolution, require ARH to modify the long-term funding plan by including or omitting any provision or provisions, and ARH must comply with the resolution.
6: Before giving notice of the resolution to ARH, ARC must consult ARH.
7: ARH must provide funds, in accordance with a resolution of ARC, to ARC before ARH completes its first long-term funding plan under this section.
8: In relation to the long-term funding plan prepared under this section,—
a: ARH must include its reasons for a proposed modification of the plan; and
b: ARC, in carrying out its functions under this section, must provide its reasons for proposing any modification to the plan.
22: Long-term funding plan for 2004-05
1: Having regard to ARC's long-term council community plan, ARH must deliver to ARC a draft long-term funding plan as soon as is practicable after 1 July 2004 for the year beginning on that date.
2: Section 21(2) and (4) to (8)
23: Board of ARH
1: All decisions relating to the operation of ARH are to be made by or under the authority of the board of ARH in accordance with this Act and ARH's statement of intent under section 64
2: The board of ARH must ensure that ARH acts in a manner consistent with its objective.
3: The board of ARH is accountable in accordance with this Act and the principal Act for the performance by ARH of its functions.
4: ARC may, by notice in the Gazette
24: Appointment of directors and chairperson and deputy chairperson of ARH
1: ARC may, by notice in the Gazette
a: any natural person as a director of ARH; and
b: any director as the chairperson or deputy chairperson of the board of ARH.
2: An appointment or reappointment takes effect on and from—
a: the date specified in the notice; or
b: if a date is not specified, the date on which the notice is published in the Gazette
3: Not more than 2 directors of ARH may be members or employees of ARC.
25: ARH is council-controlled organisation
1: ARH is a council-controlled organisation for the purposes of the principal Act.
2: For the purposes of Part 5
3: Sections 56 59 60
26: Modifications of statement of intent
In relation to ARH' s statement of intent under the principal Act,—
a: ARH, in complying with clauses 2 to 5 9
b: ARC, in carrying out its functions under that schedule, must provide its reasons for proposing any modifications to ARH's statement of intent.
27: ARH's responsibilities in relation to administration costs
ARH must ensure that its administration costs in any financial year do not exceed an amount approved by ARC.
28: Restrictions on disposal of shares in Ports of Auckland Limited
1: ARH must adopt the special consultative procedure in relation to any proposal of ARH to sell or otherwise dispose of the ownership or control of any shares held by it in Ports of Auckland Limited.
2: ARH must not sell or otherwise dispose of the ownership or control of more than 24.9% of the shares in Ports of Auckland Limited that are vested in it under section 29
3: The conditions are—
a: that ARH holds a poll of the residential electors of the Auckland Region on whether it should be permitted to do so; and
b: that in any such poll a majority of valid votes are cast in favour of ARH being permitted to do so.
4: ARH may hold more than 1 poll for the purposes of this section.
5: In relation to a poll held under this section, ARH is responsible for—
a: the costs of the poll; and
b: giving the necessary directions to the Returning Officer for each territorial authority district within the Auckland Region.
6: A poll held under this section is to be treated as if it were a poll under the Local Electoral Act 2001 Infrastructure Auckland
29: Dissolution of Infrastructure Auckland
1: On and from 1 July 2004,—
a: Infrastructure Auckland is dissolved; and
b: all assets and liabilities (other than liabilities under stormwater grants and transport grants) of Infrastructure Auckland are vested in ARH; and all proceedings pending by or against Infrastructure Auckland in relation to those assets or liabilities may be carried on, completed, or enforced by or against ARH; and
c: all liabilities of Infrastructure Auckland under stormwater grants are vested in ARC; and all proceedings pending by or against Infrastructure Auckland in relation to those grants may be carried on, completed, or enforced by or against ARC; and
d: all liabilities of Infrastructure Auckland under transport grants are vested in ARTA; and all proceedings pending by or against Infrastructure Auckland in relation to those grants may be carried on, completed, or enforced by or against ARTA.
2: Schedule 3 Auckland Regional Transport Network Ltd
30: Dispositions by or in relation to Auckland Regional Transport Network Ltd
1: This section applies to a disposition by or in relation to ARTNL if the Governor-General by Order in Council—
a: identifies the disposition and the parties to the disposition; and
b: provides that this section applies to the disposition.
2: Subpart 1 of Part 6
3: For the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,—
a: the parties to a disposition are, in relation to the shares or the assets and liabilities transferred by the disposition, to be treated as the same person; and all transactions entered into by, or all acts of, the party making the disposition before the date on which the disposition takes effect are to be treated as having been entered into or performed by the party receiving the disposition on the date on which they were entered into or performed by the party making the disposition; and
b: if a disposition is the transfer from ARTNL to ARH of shares in a subsidiary company of ARTNL, ARH and its members and directors must be treated as having held, at all times since the shares were acquired by ARTNL, the voting interests in and market value interests of the shares.
4: If, as a result of a disposition, ARTNL or a subsidiary company of ARTNL becomes a subsidiary company of ARH, then any income derived by ARH from ARTNL or the subsidiary company of ARTNL is to be treated as income derived as if ARH were a local authority and ARTNL or the subsidiary company of ARTNL were a council-controlled organisation.
5: Subsection (4) prevails over paragraph (b)(viii) of the definition of local authority section YA 1 of the Income Tax Act 2007
6: In this section,— ARTNL disposition
a: the shares of ARTNL:
b: the assets and liabilities of ARTNL or a subsidiary company of ARTNL Inland Revenue Acts section 3(1) Section 30(5) amended 1 April 2008 Income Tax Act 2007 Changes to land transport role of Auckland local authorities
31: Vesting of ARC's public transport service assets and liabilities
1: On 1 January 2005 (or an earlier date, if any, appointed by the Governor-General by Order in Council) all assets and liabilities of ARC that are public transport service assets and liabilities are vested in ARTA; and all proceedings pending by or against ARC in relation to those assets and liabilities may be carried on, completed, or enforced by or against ARTA.
2: Schedule 4
32: Delivery of ARC's land transport activities
1: On and from the date specified in or under section 31(1)
a: ARC may undertake any activity other than an activity that is a statutory function of ARTA, ARH, or any other approved organisation within the Auckland Region; and
b: section 27(1) (2)
c: section 27(3)
2: However, subsection (1)(a) does not apply in relation to—
a: the exercise of powers under Schedule 7
b: the raising of funds from sources other than the national land transport fund
3: ARC is not required to use the special consultative procedure in making amendments to its long-term council community plan to make the plan consistent with subsection (1) and section 31(1) Section 32(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 32(2)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
33: ARC to monitor ARTA's and ARH's administration costs
1: When monitoring the performance of ARTA under section 65 section 17
2: When monitoring the performance of ARH under section 65 section 27
34: Application of funds by ARC
1: ARC must apply, in accordance with its long-term council community plan, at least the specified percentage of the funds referred to in subsection (2)—
a: to ARTA for the purposes of land transport in the Auckland Region; or
b: for stormwater purposes in the Auckland Region.
2: The funds are any funds ARC receives from ARH being funds (whether capital or income) derived from the assets vested in ARH by section 29
3: In determining how to apply any funds it is required to apply to the purposes in subsection (l)(a) or (b), ARC must have regard to the total proportions for transport and stormwater in the notional allocation programme set out in Infrastructure Auckland's annual plan for the 2003-04 year.
4: When providing funds to ARTA, whether under subsection (1)(a) or otherwise, ARC may specify activity classes, but not activities, for which the funds may be used.
5: The provision of funds by ARC under subsection (1) is not a dutiable gift for the purposes of the Estate and Gift Duties Act 1968
6: In this section, specified percentage
a: 85%; or
b: any other percentage that is specified by the Governor-General by Order in Council after 31 December 2007.
35: ARC to fund liabilities for transport grants vested in ARTA
ARC must provide funds to ARTA to meet the liabilities vested in ARTA by section 29(1)(d)
36: Auckland regional land transport strategy
Section 36 repealed 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008
37: Delegation of roading functions and powers to ARTA
1: An Auckland territorial authority may, at any time after 30 June 2007 and with the prior approval in writing of ARC and ARTA, delegate in writing to ARTA 1 or more of its functions, duties, and powers under—
a: Part 21
b: Part 4 Government Roading Powers Act 1989 section 62
2: While functions, duties, or powers are delegated to ARTA under subsection (1),—
a: the territorial authority is not answerable for any act or default of ARTA in the performance or exercise of any of the delegated functions, duties, or powers; and
b: the territorial authority may not perform or exercise any of the delegated functions, duties, or powers without first revoking the delegation.
3: ARTA must, subject to any general or special directions given or conditions imposed in relation to the delegation, exercise any functions, duties, or powers delegated to it under this section in the same manner and with the same effect as if they had been conferred or imposed on it directly by this section and not by delegation.
4: While a delegation is in force, ARTA must not cease to exercise or perform any of the delegated functions, duties, or powers except with the agreement of the territorial authority concerned.
5: A delegation may be revoked at any time by the Auckland territorial authority by whom it was made giving written notice of revocation to ARTA.
6: Until it is revoked or it expires, a delegation continues in force according to its tenor.
7: When purporting to act under a delegation, ARTA—
a: must, when reasonably requested to do so, produce evidence of its authority to act; and
b: is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. Section 37(1)(b) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Changes to Auckland policy statements and plans under the Resource Management Act 1991
38: Interpretation
1: In sections 39 to 43 Auckland planning document
a: means a regional policy statement, regional plan, or district plan of an Auckland local authority; and
b: includes a proposed policy statement or plan land transport and land use change section 40(1)
2: A term or expression that is defined in the Resource Management Act 1991 sections 39 to 43 Resource Management Act 1991
39: Obligation to publicly notify proposed changes to planning documents
1: Each Auckland local authority must, by 31 March 2005, prepare and publicly notify proposed land transport and land use changes to its Auckland planning documents.
2: The Resource Management Act 1991 sections 41 to 43
3: For the purposes of this section, 2 or more Auckland local authorities may carry out jointly an evaluation under section 32
4: For the purposes of this section, the Franklin District Council may change its district plan in relation to that part of its district that is within the region of the Waikato Regional Council.
40: Extent of land transport and land use changes
1: A land transport and land use change is a change or variation to an Auckland planning document by including issues, objectives, policies, and descriptions of methods for the purpose of—
a: giving effect, in an integrated manner, to the growth concept in the Auckland Regional Growth Strategy prepared under section 37SE
b: contributing, in an integrated manner, to the matters specified in Schedule 5
2: A change for the purposes of subsection (1)(a) and a change for the purposes of subsection (l)(b) must, in relation to each other, be integrated.
3: A change to a plan under this section may also include specific methods, including rules.
4: A land transport and land use change and any decision of the Environment Court on an appeal against the change must not—
a: extend the metropolitan urban limits set in the Auckland Regional Policy Statement unless the ARC agrees; or
b: modify any designation or include any new designation.
41: Delegation of powers to single panel
1: The Auckland local authorities must jointly appoint a panel of 3 or more hearings commissioners to hear any submissions lodged on the proposed land transport and land use changes.
2: Each Auckland local authority must, under section 34A
42: Time and place of hearings
1: The panel may hear submissions on a proposed land transport and land use change as if the change were a change to a single document.
2: The panel must use its best endeavours to hear all submissions from a person on a proposed land transport and land use change at the same time and place.
43: Consultation
To avoid doubt, compliance with the Resource Management Act 1991 Part 6 Auckland regional land transport strategy
44: Review of Auckland regional land transport strategy
1: ARC must, by 31 December 2005, complete a review of the Auckland regional land transport strategy.
2: Subsection (1) does not prevent ARTA from taking into account, to the extent it considers appropriate, the Auckland regional land transport strategy as it is before the review is completed.
3: Amendments, repeals, and revocations
45: Amendments to Land Transport Management Act 2003
The Land Transport Management Act 2003 Schedule 6
46: Amendment to Transport Services Licensing Act 1989
Section 2 regional council regional council
a: means a regional council within the meaning of the Local Government Act 2002
b: includes—
i: the Auckland Regional Transport Authority established by section 7 of the Local Government (Auckland) Amendment Act 2004
ii: a territorial authority within the meaning of the Local Government Act 2002
c: does not include the Auckland Regional Council, and the Waikato Regional Council in relation to that part of its region within the district of the Franklin District Council .
47: Amendments to other Acts
The enactments specified in Schedule 7
48: Repeals and revocation
1: The following enactments are repealed:
a: Part 44C Schedule 17B
b: section 6(4)(d)
c: section 51
2: The Local Government (Infrastructure Auckland Deed Commencement) Order 1998 (SR 1998/290)