Land Transport Management Act 2003

1: Title
This Act is the Land Transport Management Act 2003.
1: Preliminary provisions
2: Commencement
1: Sections 40 to 44 92 103(1) and (2)
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 9 September 2004 clause 2 Land Transport Management Act Commencement Order 2004 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is to contribute to an effective, efficient, and safe land transport system in the public interest. Section 3 replaced 13 June 2013 section 4 Land Transport Management Amendment Act 2013
4: Treaty of Waitangi
In order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to land transport decision-making processes, sections 18 18A 18G 18H and 100(1)﻿(f) Section 4 substituted 1 August 2008 section 5 Land Transport Management Amendment Act 2008 Section 4 amended 13 June 2013 section 5 Land Transport Management Amendment Act 2013
5: Interpretation
1: In this Act, unless the context otherwise requires,— activity
a: means a land transport output or capital project; and
b: includes any combination of activities activity class administration the Agency Agency section 93 approved activity section 20 approved organisation
a:
b: a regional council:
c: a territorial authority:
d: an approved public organisation approved public organisation section 23 Auckland section 4(1) Auckland Council Auckland Transport section 38 bus service
a: for the carriage of passengers for hire or reward by means of—
i: a large passenger service vehicle; or
ii: a small passenger service vehicle; and
b: that is neither—
i: an excluded passenger service; nor
ii: a shuttle service capital project
a: means an individual land transport-related activity of a capital nature; and
b: includes—
i: planning, design, and supervision related to the particular capital project; and
ii: construction and reconstruction; and
iii: any activity of a capital nature the purpose of which is to improve public safety in relation to land transport; and
iv: administration related to the particular capital project clean vehicle discount scheme
a: means the scheme administered by the Agency under section 95(1)﻿(ma)
b: includes—
i: the provision of rebates in relation to the carbon dioxide emissions of a vehicle; and
ii: the imposition of charges under section 167(1)﻿(j) section 167A
iii: actual and reasonable costs incurred by the Agency in relation to administration of the scheme; and
iv: any funding provided to the Agency by the Crown for the purposes of the scheme and the repayment of that funding coastal shipping section 2(1) section 198 combination of activities
a: the same activity class:
b: 2 or more activity classes commercial public transport service
a: means a public transport service that is not supplied under contract with the regional council; and
b: includes, to the extent that the regional council has not contracted for the supply of only a part of the service, only that part Commissioner company section 2(1) council-controlled organisation section 6 council-controlled trading organisation section 6 Crown Bank Account Public Finance Act 1989 Director section 104A district
a: the district of a territorial authority:
b: in relation to land in respect of which a Minister of the Crown is the council, that land enforcement authority section 46 enforcement officer section 2(1) event excise duty Customs and Excise Act 2018 excise-equivalent duty Customs and Excise Act 2018 excluded passenger service
a: is contracted or funded by the Ministry of Education for the sole or primary purpose of transporting school children to and from school; or
b: is not available to the public generally, and is operated for the sole or primary purpose of transporting to or from a predetermined event all the passengers carried by the service; or
c: is not available to the public generally, and is operated for the sole or primary purpose of tourism; or
d: does not fall within any of paragraphs (a) to (c), and is not operated to a schedule exempt service section 130(2) section 153(2) financial year GPS on land transport section 66 section 90 impact Kāinga Ora–Homes and Communities section 8 KiwiRail land transport
a: means—
i: transport on land by any means:
ii: the infrastructure, goods, and services facilitating that transport; and
b: includes—
i: coastal shipping (including transport by means of harbour ferries, or ferries or barges on rivers or lakes) and associated infrastructure:
ii: the infrastructure, goods, and services (including education and enforcement), the primary purpose of which is to improve public safety in relation to the kinds of transport described in paragraph (a)﻿(i) land transport Act section 2(1) land transport disbursement account section 24 land transport document
a: a land transport document within the meaning of section 2(1)
b: a rail document within the meaning of section 4(1) land transport options and alternatives land transport revenue section 6 large passenger service vehicle section 2(1) listed company local authority section 5(1) local road Māori land section 4 Māori roadway sections 315 to 326 Minister responsible Minister Ministry minor and ancillary works
a: means works associated with a local road that are determined by the Agency
b: does not include in-house professional services or works associated with a State highway motor spirits section 5(1) motor vehicle section 2(1) national energy efficiency and conservation strategy Energy Efficiency and Conservation Act 2000 national land transport fund fund section 10 national land transport programme section 19A new road notify notification outcome section 2 outputs passenger service section 2(1) personal information section 7(1) Police Policing Act 2008 procurement procedure
a: approved by the Agency under section 25
b: approved by KiwiRail under section 22H section 10(3)﻿(aa) public organisation
a: a Minister of the Crown:
b: a department of State:
c: a Crown entity (as defined in section 7
ca: an organisation named or described in Schedule 4
cb: a company named in Schedule 4A
d: a State enterprise (as defined in section 2
e: a local authority:
f: a council-controlled organisation:
g: a responsible SPV (as defined in section 7 public road controlling authority
a: the Agency; or
b: a territorial authority; or
c: Auckland Transport public transport service
a: means, subject to paragraph (b), a service for the carriage of passengers for hire or reward by means of—
i: a large passenger service vehicle; or
ii: a small passenger service vehicle; or
iii: a ferry; or
iv: a hovercraft; or
v: a rail vehicle; or
vi: any other mode of transport (other than air transport) that is available to the public generally; but
b: in relation to Part 5
i: an excluded passenger service; or
ii: a shuttle service 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 rail vehicle section 4(1) railway line access provider region section 5(1) regional council
a: means a regional council within the meaning of section 5(1)
b: when used in—
i: Parts 2 4
ii: Part 3
iii: Part 5
A: Auckland Transport:
B: a unitary authority except the Auckland Council:
C: any territorial authority to which the regional council has transferred the functions, powers, and duties of a regional council under that Part regional land transport plan Part 2 regional public transport plan section 119 regional transport committee
a: a regional transport committee established under section 105
b: in the case of Auckland,—
i: the governing body of Auckland Transport; or
ii: a joint regional transport committee that includes Auckland Transport as a member road
a: means a road as defined in section 2(1)
b: despite the terms of that definition, includes a motorway as defined in that section; and
c: includes toll booths and other toll-related infrastructure on a road road controlling authority
a: in relation to a road, means the Minister, department of State, Crown entity, State enterprise, or territorial authority that controls the road; but
b: in relation to a road within Auckland that is controlled by Auckland Transport, means Auckland Transport road tolling scheme section 46 Route K section 3 Secretary service shareholding Ministers section 2 shuttle
a: is a small passenger vehicle that was originally designed to carry at least 8 persons but not more than 12 persons (including the driver); and
b: is used for hire or reward for the carriage of passengers who must begin or end their journey at an airport, a bus or ferry terminal, or a railway station shuttle service small passenger service vehicle section 2(1) specified development project section 9 State highway section 60 section 103
a: all land along or contiguous with its route that is the road; and
b: any part of an intersection that is within the route of the State highway; and
c: for the purposes of regional land transport plans section 20 ; and
d: land that becomes a State highway under section 88(2) territorial authority section 5(1) toll Part 2 toll operator toll payment point section 46 toll road traffic management
a: the capacity of transport infrastructure to accommodate the vehicles or other modes of transport operated as part of the service; and
b: the compatibility of the transport infrastructure intended to support the service with vehicles or other modes of transport operated as part of the service transport-disadvantaged unit
a: that a regional council identifies as integral to the region's public transport network; and
b: that operates, or will operate, on the entire length of 1 or more routes specified in the regional council's regional public transport plan; and
c: that includes all of the public transport services operating to a timetable that applies to the entire route or routes specified for the unit unitary authority section 5(1) working day section 5(1)
2: Every reference in this Act to a road or a State highway, unless the context otherwise requires, includes the land on which the road or State highway exists, and also includes all bridges, culverts, ferries, fords, signs, signals, barriers, or other structures forming or intended by the territorial authority or the Agency to form part of the road, State highway, or land.
3: For the purposes of performing any function or exercising any power or carrying out any duty in relation to construction, maintenance, financial assistance, or control under this Act, the Agency may from time to time determine, either generally or in relation to any specified road or to any portion or side of any specified road, what part of a road is a carriageway, footway, water table, drain, dividing strip, traffic island, safety zone, plantation, verge, shoulder, parking space, curb, channel, or other thing, and every such determination of the Agency is final but may at any time be amended or revoked by the Agency.
4: A determination by the Agency for the purposes of subsection (3) in relation to any road or portion of a road may be made by express resolution of the Agency or by way of approval by the Agency of a plan that delineates the several parts of the road or portion of the road.
5: All references to a main highway in any other Act, or in any regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, declaration, or other document are, unless inconsistent with the context or with the provisions of this Act or the Government Roading Powers Act 1989
6: All references to a regional land transport programme in any other Act, or in any regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, declaration, or other document are, unless inconsistent with the context or with the provisions of this Act, to be read as references to a regional land transport plan. Section 5(1) activity replaced 13 June 2013 section 6(1) Land Transport Management Amendment Act 2013 Section 5(1) activity class substituted 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) administration amended 1 August 2008 section 6(5) Land Transport Management Amendment Act 2008 Section 5(1) administration amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 5(1) affected community repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) Agency inserted 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) approved organisation repealed 1 August 2008 section 6(1) Land Transport Management Amendment Act 2008 Section 5(1) approved safety administration programme repealed 1 December 2004 section 3(1) Land Transport Management Amendment Act 2004 Section 5(1) ARTA repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland Council replaced 13 June 2013 section 6(2) Land Transport Management Amendment Act 2013 Section 5(1) Auckland local authority repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland Region repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland Regional Council repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland territorial authority repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Auckland Transport inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Authority repealed 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) board repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) board member repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) bus service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) clean vehicle discount scheme inserted 23 February 2022 section 17 Land Transport (Clean Vehicles) Amendment Act 2022 Section 5(1) collecting body repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) combination of activities inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) commercial public transport service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) company inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) concession agreement repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) concession road repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) concessionaire repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) Director inserted 1 April 2021 section 4(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 5(1) entity repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) event inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) excise duty amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5(1) excise-equivalent duty amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5(1) excluded passenger service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) exempt service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) fees and charges repealed 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 5(1) financial year substituted 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) GPS repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) GPS on land transport inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) impact inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) interested repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1) Kāinga Ora–Homes and Communities inserted 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) KiwiRail inserted 1 July 2020 section 4(1) Land Transport (Rail) Legislation Act 2020 Section 5(1) land transport substituted 1 December 2004 section 3(2) Land Transport Management Amendment Act 2004 Section 5(1) land transport Act inserted 1 September 2020 section 4(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 5(1) land transport document inserted 1 April 2021 section 4(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 5(1) land transport programme repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) large passenger service vehicle inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) listed company inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) Minister responsible Minister substituted 1 December 2004 section 3 Land Transport Management Amendment Act 2004 Section 5(1) minor and ancillary works amended 1 August 2008 section 6(6) Land Transport Management Amendment Act 2008 Section 5(1) minor and ancillary works amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 5(1) motor spirits substituted 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 5(1) motor spirits amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5(1) national energy efficiency and conservation strategy inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) national land transport account repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) national land transport fund fund substituted 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) national land transport programme amended 13 June 2013 section 6(4) Land Transport Management Amendment Act 2013 Section 5(1) national land transport strategy repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) notify inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) outcome inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) passenger service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) performance agreement repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1) personal information amended 1 December 2020 section 217 Privacy Act 2020 Section 5(1) Police inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) Police amended 1 October 2008 section 130(4) Policing Act 2008 Section 5(1) procurement procedure replaced 1 July 2020 section 4(2) Land Transport (Rail) Legislation Act 2020 Section 5(1) public organisation substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1) public organisation inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1) public organisation inserted 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 5(1) public organisation inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020 Section 5(1) public road controlling authority substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) public transport service replaced 13 June 2013 section 6(5) Land Transport Management Amendment Act 2013 Section 5(1) rail activity inserted 1 July 2020 section 4(1) Land Transport (Rail) Legislation Act 2020 Section 5(1) rail network investment programme inserted 1 July 2020 section 4(1) Land Transport (Rail) Legislation Act 2020 Section 5(1) rail vehicle inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) railway line access provider inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) region inserted 1 July 2020 section 4(1) Land Transport (Rail) Legislation Act 2020 Section 5(1) regional council replaced 13 June 2013 section 6(6) Land Transport Management Amendment Act 2013 Section 5(1) regional council replaced 22 October 2019 section 43 Local Government Act 2002 Amendment Act 2019 Section 5(1) regional land transport committee repealed 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) regional land transport plan inserted 13 June 2013 section 6(7) Land Transport Management Amendment Act 2013 Section 5(1) regional land transport programme repealed 13 June 2013 section 6(7) Land Transport Management Amendment Act 2013 Section 5(1) regional land transport strategy repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) regional public transport plan replaced 13 June 2013 section 6(8) Land Transport Management Amendment Act 2013 Section 5(1) regional transport committee replaced 13 June 2013 section 6(9) Land Transport Management Amendment Act 2013 Section 5(1) registered owner repealed 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 5(1) registered service repealed 13 June 2013 section 6(11) Land Transport Management Amendment Act 2013 Section 5(1) road replaced 13 June 2013 section 6(10) Land Transport Management Amendment Act 2013 Section 5(1) road controlling authority substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 5(1) Route K inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) safety administration repealed 1 December 2004 section 3(1) Land Transport Management Amendment Act 2004 Section 5(1) safety administration programme repealed 1 December 2004 section 3(1) Land Transport Management Amendment Act 2004 Section 5(1) service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) shareholding Ministers inserted 1 July 2020 section 4(1) Land Transport (Rail) Legislation Act 2020 Section 5(1) shuttle inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) shuttle service inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) small passenger service vehicle inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) specified development project inserted 7 August 2020 section 300 Urban Development Act 2020 Section 5(1) State highway substituted 1 August 2008 section 6(3) Land Transport Management Amendment Act 2008 Section 5(1) State highway amended 13 June 2013 section 6(12) Land Transport Management Amendment Act 2013 Section 5(1) State highway amended 13 June 2013 section 6(13) Land Transport Management Amendment Act 2013 Section 5(1) State highway inserted 13 June 2013 section 6(14) Land Transport Management Amendment Act 2013 Section 5(1) statutorily independent function repealed 1 April 2021 section 4(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 5(1) taxi service repealed 1 October 2017 section 110(3) Land Transport Amendment Act 2017 Section 5(1) toll payment point inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) traffic management inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) Transfund repealed 1 December 2004 section 3(1) Land Transport Management Amendment Act 2004 Section 5(1) Transit repealed 1 August 2008 section 6(2) Land Transport Management Amendment Act 2008 Section 5(1) transport-disadvantaged inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) unit inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(1) unitary authority inserted 1 August 2008 section 6(4) Land Transport Management Amendment Act 2008 Section 5(1) working day inserted 13 June 2013 section 6(3) Land Transport Management Amendment Act 2013 Section 5(2) added 1 August 2008 section 6(10) Land Transport Management Amendment Act 2008 Section 5(3) added 1 August 2008 section 6(10) Land Transport Management Amendment Act 2008 Section 5(4) added 1 August 2008 section 6(10) Land Transport Management Amendment Act 2008 Section 5(5) added 1 August 2008 section 6(10) Land Transport Management Amendment Act 2008 Section 5(6) inserted 13 June 2013 section 6(15) Land Transport Management Amendment Act 2013
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); and
iii: any activity or combinations of activities specified as a rail activity in regulations made under subsection (3); but
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 section 4(1)
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).
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5A inserted 1 July 2020 section 5 Land Transport (Rail) Legislation Act 2020 Section 5A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Meaning of land transport revenue
In this Act, unless the context otherwise requires, land transport revenue
a: all road user charges (excluding applicable refunds, and goods and services tax payable under the Goods and Services Tax Act 1985 regulations made under section 85 Part 3
b: all excise duty and excise-equivalent duty on motor spirits, compressed natural gas, or liquefied petroleum gas under the Customs and Excise Act 2018 Goods and Services Tax Act 1985
c: all fees and charges (excluding applicable refunds, and goods and services tax payable under the Goods and Services Tax Act 1985 Part 11 or Part 17
d: the amount of interest, calculated according to a formula determined by the Minister and the Minister of Finance, earned from the investment of cash held by the Crown from the revenues referred to in paragraphs (a) to (c):
e: all other public money that is required by any enactment to be treated as land transport revenue for the purposes of this Act. Section 6 substituted 1 August 2008 section 7 Land Transport Management Amendment Act 2008 Section 6(a) amended 1 August 2012 section 94 Road User Charges Act 2012 Section 6(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 6(c) amended 1 July 2020 section 6 Land Transport (Rail) Legislation Act 2020 Section 6(c) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 6A inserted 27 June 2018 section 4 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
7: Act binds the Crown
This Act binds the Crown.
7A: Application of Act to Chatham Islands
1: Except as expressly provided in this Act, this Act applies to the Chatham Islands as if the Chatham Islands Council were a unitary authority.
2: Sections 13 to 18H section 5(1)
3:
4: Nothing in sections 105 to 107 Section 7A inserted 1 August 2008 section 8 Land Transport Management Amendment Act 2008 Section 7A(2) replaced 13 June 2013 section 7(1) Land Transport Management Amendment Act 2013 Section 7A(3) repealed 13 June 2013 section 7(2) Land Transport Management Amendment Act 2013
7B: Transfer of responsibilities between regional councils and territorial authorities
1: A regional council may transfer 1 or more of its responsibilities under this Act to a territorial authority under section 17
2: A territorial authority may transfer 1 or more of its responsibilities under this Act to a regional council under section 17
3: In this section, responsibility
a: a responsibility that has previously been transferred under section 17
b: any powers associated with the responsibility, duty, or legal obligation. Section 7B inserted 22 October 2019 section 40 Local Government Act 2002 Amendment Act 2019
7C: Act is land transport Act
1: This Act is a land transport Act under section 2(1)
2: This has the effect that—
a: transport instruments may be made for the purposes of this Act under section 168G
b: enforceable undertakings may be given for the purposes of this Act in accordance with section 112A
c: a land transport record may be required to be created for the purposes of this Act in accordance with section 200B
3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a land transport Act under that Act. Section 7C inserted 1 April 2021 section 57(2) Regulatory Systems (Transport) Amendment Act 2021
2: Planning and funding Part 2 heading amended 1 August 2008 section 9 Land Transport Management Amendment Act 2008
1: Planning and funding Subpart 1 heading amended 1 August 2008 section 10 Land Transport Management Amendment Act 2008 National land transport fund
8: National land transport fund
Section 8 repealed 1 August 2008 section 11 Land Transport Management Amendment Act 2008
9: The Crown’s authority to incur certain land transport expenses and capital expenditure
1: In accordance with any regulations made under section 109(b)﻿(i) section 2(1) and users of aircraft in recreational aviation
a: search and rescue activities, whether in relation to pleasure craft or otherwise; and
b: recreational boating safety and safety awareness; and
c: maritime safety services that benefit the users of pleasure craft; and
ca: recreational aviation safety and safety awareness activities and services; and
cb: aviation safety services that benefit recreational aviation; and
d: administration by the Secretary in relation to the activities and services described in paragraphs (a) to (cb)
1A: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount agreed between the Minister of Transport and the Minister of Finance to fund the Agency’s regulatory functions and the Ministry’s associated monitoring functions.
1B: The Agency may, of its own volition, recommend that the Ministers agree to an amount under subsection (1A).
1C: Before making a recommendation, the Agency must—
a: publish a notice of the Agency’s proposed recommendation on its Internet site; and
b: give interested parties a reasonable time, specified in the notice, to make submissions on the proposed recommendation.
1D: The Agency must include the results of the consultation under subsection (1C) in its recommendation to the Ministers.
1E: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount equal to the revenue for that financial year received from charges paid pursuant to regulations made under section 167(1)﻿(j) section 167A
1F: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in any financial year, up to any positive amount calculated under subsection (1G), to fund the clean vehicle discount scheme.
1G: The amount referred to in subsection (1F) must be calculated in accordance with the following formula: a − b = c where— a is the revenue received in any previous financial year from charges paid pursuant to regulations made under section 167(1)﻿(j) section 167A b is the expenses and capital expenditure incurred under subsections (1E) and (1F) for those previous financial years c is the calculated amount.
1H: The positive amount calculated under subsection (1G) may be used only to fund the clean vehicle discount scheme.
2: The Crown may utilise land transport revenue to fund—
a: Police activities or combinations of Police activities up to the amount approved by the responsible Minister under section 18L
aa: rail activities or combinations of rail activities up to the amount approved by the Minister under section 22F
b: activities carried out by the Ministry or the Agency that are related to the protection of the land transport revenue base and the maintenance of the integrity of the revenue system (up to the amount approved by the responsible Minister and the Minister of Finance), including—
i: the management of—
A: fuel excise duty refunds under section 41
B: road user charges refunds under sections 30 to 33
ii: the assessment of unpaid road user charges under Part 3
iii: forecasting of land transport revenue:
iv: land transport revenue-related strategy and policy activities:
v: monitoring the performance of the land transport revenue system:
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.
3: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure up to an amount equal to the land transport revenue for that financial year less the amounts for the year that are referred to in subsections (1) , (1A), (1E), (1F),
a: activities and combinations of activities approved under section 20
b: expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)﻿(b)
4: The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in any financial year up to any positive amount calculated under subsection (5) for—
a: activities and combinations of activities approved under section 20
b: expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)﻿(b)
5: The amount referred to in subsection (4) is to be calculated in accordance with the following formula: a − b = c where— a is land transport revenue from any previous financial years; and b is the expenses and capital expenditure incurred under subsections (1), (1A), (1E), (1F), c is the calculated amount.
6: To avoid doubt, the Agency’s regulatory functions referred to in subsection (1A) include—
a: any function of the Director under this Act or any other Act; and
b: any regulatory function of the Agency under this Act or any other Act (including the functions referred to in section 95(1)﻿(b) to (g)
c: any function of the Agency that relates to—
i: a function of the Director referred to in paragraph (a); or
ii: a function of the Agency referred to in paragraph (b).
7: In subsection (1), recreational aviation Section 9 substituted 1 August 2008 section 12 Land Transport Management Amendment Act 2008 Section 9(1) amended 1 April 2021 section 57(3) Regulatory Systems (Transport) Amendment Act 2021 Section 9(1)﻿(ca) inserted 1 April 2021 section 57(4) Regulatory Systems (Transport) Amendment Act 2021 Section 9(1)﻿(cb) inserted 1 April 2021 section 57(4) Regulatory Systems (Transport) Amendment Act 2021 Section 9(1)﻿(d) amended 1 April 2021 section 57(5) Regulatory Systems (Transport) Amendment Act 2021 Section 9(1A) inserted 1 September 2020 section 5(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(1B) inserted 1 September 2020 section 5(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(1C) inserted 1 September 2020 section 5(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(1D) inserted 1 September 2020 section 5(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(1E) inserted 23 February 2022 section 18(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(1F) inserted 23 February 2022 section 18(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(1G) inserted 23 February 2022 section 18(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(1H) inserted 23 February 2022 section 18(1) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(2) replaced 13 June 2013 section 8 Land Transport Management Amendment Act 2013 Section 9(2)﻿(aa) inserted 1 July 2020 section 7(1) Land Transport (Rail) Legislation Act 2020 Section 9(2)﻿(c) inserted 1 July 2020 section 7(2) Land Transport (Rail) Legislation Act 2020 Section 9(3) amended 23 February 2022 section 18(2) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(3) amended 1 September 2020 section 5(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(5) amended 23 February 2022 section 18(3) Land Transport (Clean Vehicles) Amendment Act 2022 Section 9(5) amended 1 September 2020 section 5(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(6) inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 9(7) inserted 1 April 2021 section 57(6) Regulatory Systems (Transport) Amendment Act 2021
9A: Accounting for clean vehicle discount scheme
The annual report of the Agency must, in respect of the financial year to which it relates, contain the following information concerning the clean vehicle discount scheme funded under section 9(1E) and (1F)
a: the revenue received from charges paid pursuant to regulations made under section 167(1)﻿(j) section 167A
b: any positive amount from a previous year, in accordance with section 9(1F) and (1G)
c: the expenses and capital expenditure for the purpose of administering the scheme, including—
i: rebates provided, in relation to the carbon dioxide emissions of a vehicle; and
ii: actual and reasonable costs incurred by the Agency in relation to administration of the scheme; and
iii: any funding provided to the Agency by the Crown for the purposes of the scheme and repayment of that funding. Section 9A inserted 23 February 2022 section 19 Land Transport (Clean Vehicles) Amendment Act 2022 National land transport account Heading repealed 1 August 2008 section 13 Land Transport Management Amendment Act 2008
10: National land transport fund
1: The national land transport fund is the cumulative balance of—
a: the inflows specified in subsection (2), less any expenses and capital expenditure and repayment items of the type outlined in subsection (3) that have been accrued at any point in time; and
b: the proceeds of any borrowing undertaken for the purpose of managing the national land transport programme, including (but not limited to) its cashflow,
i: the Agency, in accordance with section 162
ii: the Crown, in accordance with subpart 1
2: The inflows of the national land transport fund are—
a: land transport revenue, less—
i: any expenses or capital expenditure incurred under section 9(1) or (1A)
ii: the revenue received from charges paid pursuant to regulations made under section 167(1)﻿(j) section 167A
b: any revenue received by the Agency for the management of Crown land, including leases and licences:
ba: any toll revenue collected in respect of a road tolling scheme if—
i: the Minister has approved that toll revenue inflow in writing; and
ii: the activities to be funded by that toll revenue inflow are specified, in accordance with section 46(3)﻿(g)
c: any proceeds from the sale of land held or acquired for the purposes of a State highway or any proposed State highway:
d: any interest earned by the Agency from the investment of cash from the moneys referred to in paragraphs (a) to (c):
e: any other public money provided to meet expenses or capital expenditure, incurred or to be incurred in accordance with an appropriation or other authority by or under an Act in respect of approved activities or combinations of activities of a type described in subsection (3).
3: The national land transport fund must be used to pay for—
a: Police activities or combinations of Police activities approved under section 18L
aa: rail activities or combinations of rail activities approved under section 22F
b: activities or combinations of activities (including those relating to State highways) approved under section 20
c: regional councils’ activities or combinations of activities approved under section 20
d: territorial authorities’ activities or combinations of activities approved under section 20
e: regional and territorial authorities’ activities or combinations of activities approved under section 20 section 17
f: approved public organisations’ activities or combinations of activities approved under section 20
g: expenses resulting from, and repayment of, any borrowing in accordance with subsection (1)﻿(b).
4:
5:
6: Section 10 substituted 1 August 2008 section 14 Land Transport Management Amendment Act 2008 Section 10(1)﻿(b) amended 13 June 2013 section 9(1) Land Transport Management Amendment Act 2013 Section 10(2)﻿(a) replaced 23 February 2022 section 20 Land Transport (Clean Vehicles) Amendment Act 2022 Section 10(2)﻿(ba) inserted 13 June 2013 section 9(2) Land Transport Management Amendment Act 2013 Section 10(3)﻿(aa) inserted 1 July 2020 section 8 Land Transport (Rail) Legislation Act 2020 Section 10(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 10(5) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 10(6) repealed 13 June 2013 section 9(3) Land Transport Management Amendment Act 2013
11: Annual report on national land transport fund
1: After the end of each financial year, the Agency must prepare an annual report on the national land transport fund.
2: The annual report required under subsection (1) must be prepared in accordance with generally accepted accounting practice, and must include—
a: a statement of inflows and expenses and capital expenditure of the national land transport fund for the financial year to which the report relates and the previous 2 financial years:
b: a statement of cash flows in respect of the national land transport fund for the financial year to which the report relates:
c: a statement of the financial position of the national land transport fund (including its closing balance):
d: a statement of commitments:
e: a statement of performance for each activity class funded by the national land transport fund for the financial year to which the report relates, unless the Minister has approved the inclusion of the information in the Agency's annual report under section 150
f: an explanation of how the funding of activities or combinations of activities under the national land transport programme has contributed to the achievement of any outcomes, objectives or impacts set out in the relevant GPS on land transport:
g: an explanation of how the national land transport fund has been managed with respect to the closing balance.
3: The provisions of the Crown Entities Act 2004
4: The Agency must make a copy of the annual report publicly available in accordance with section 108 Section 11 substituted 1 August 2008 section 15 Land Transport Management Amendment Act 2008 Section 11(2)﻿(f) amended 13 June 2013 section 10 Land Transport Management Amendment Act 2013 Regional land transport plans Heading substituted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Heading amended 13 June 2013 section 11 Land Transport Management Amendment Act 2013
12: Overview of regional land transport programmes
Section 12 repealed 13 June 2013 section 12 Land Transport Management Amendment Act 2013
12A: Authority's land transport programme
Section 12A repealed 1 August 2008 section 16 Land Transport Management Amendment Act 2008
13: Responsibility for preparing and approving regional land transport
plans
1: Every 6 Auckland
a: ensure that the relevant regional transport committee prepares, on the regional council’s behalf, a regional land transport plan
b: approve the regional land transport plan
2: Every 6 Auckland Transport, in the case of Auckland,
a: prepare an Auckland regional land transport plan
b: approve the Auckland regional land transport plan
3:
4:
5: Section 13 substituted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 13 heading amended 13 June 2013 section 13(1) Land Transport Management Amendment Act 2013 Section 13(1) amended 13 June 2013 section 13(2) Land Transport Management Amendment Act 2013 Section 13(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 13(1)﻿(a) amended 13 June 2013 section 13(3) Land Transport Management Amendment Act 2013 Section 13(1)﻿(b) amended 13 June 2013 section 13(3) Land Transport Management Amendment Act 2013 Section 13(2) amended 13 June 2013 section 13(2) Land Transport Management Amendment Act 2013 Section 13(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 13(2)﻿(a) amended 13 June 2013 section 13(3) Land Transport Management Amendment Act 2013 Section 13(2)﻿(b) amended 13 June 2013 section 13(3) Land Transport Management Amendment Act 2013 Section 13(3) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 13(4) repealed 13 June 2013 section 13(4) Land Transport Management Amendment Act 2013 Section 13(5) repealed 13 June 2013 section 13(4) Land Transport Management Amendment Act 2013
14: Core requirements of regional land transport plans
Before a regional transport committee submits a regional land transport plan to a regional council or Auckland Transport (as the case may be) for approval, the regional transport committee must—
a: be satisfied that the regional land transport plan—
i: contributes to the purpose of this Act; and
ii: is consistent with the GPS on land transport; and
b: have considered—
i: alternative regional land transport objectives that would contribute to the purpose of this Act; and
ii: the feasibility and affordability of those alternative objectives; and
c: have taken into account any—
i: national energy efficiency and conservation strategy; and
ii: relevant national policy statements and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991
iii: likely funding from any source. Section 14 replaced 13 June 2013 section 14 Land Transport Management Amendment Act 2013
15: Core requirements of regional land transport programmes prepared by
Auckland Transport Section 15 repealed 13 June 2013 section 15 Land Transport Management Amendment Act 2013
16: Form and content of regional land transport plans
1: A regional land transport plan must set out the region’s land transport objectives, policies, and measures for at least 10 financial years from the start of the regional land transport plan.
2: A regional land transport plan must include—
a: a statement of transport priorities for the region for the 10 financial years from the start of the regional land transport plan; and
b: a financial forecast of anticipated revenue and expenditure on activities for the 10 financial years from the start of the regional land transport plan; and
c: all regionally significant expenditure on land transport activities to be funded from sources other than the national land transport fund during the 6 financial years from the start of the regional land transport plan; and
d: an identification of those activities (if any) that have inter-regional significance.
3: For the purpose of seeking payment from the national land transport fund, a regional land transport plan must contain, for the first 6 financial years to which the plan relates,—
a: for regions other than Auckland, activities proposed by approved organisations in the region relating to local road maintenance, local road renewals, local road minor capital works, and existing public transport services; and
b: in the case of Auckland, activities proposed by Auckland Transport; and
c: the following activities that the regional transport committee decides to include in the regional land transport plan:
i: activities proposed by approved organisations in the region or, in the case of Auckland, by the Auckland Council, other than those activities specified in paragraphs (a) and (b); and
ii: activities relating to State highways in the region that are proposed by the Agency; and
iii: activities, other than those relating to State highways, that the Agency may propose for the region and that the Agency wishes to see included in the regional land transport plan; and
d: the order of priority of the significant activities that a regional transport committee includes in the regional land transport plan under paragraphs (a), (b), and (c); and
e: an assessment of each activity prepared by the organisation that proposes the activity under paragraph (a), (b), or (c) that includes—
i: the objective or policy to which the activity will contribute; and
ii: an estimate of the total cost and the cost for each year; and
iii: the expected duration of the activity; and
iv: any proposed sources of funding other than the national land transport fund (including, but not limited to, tolls, funding from approved organisations, and contributions from other parties); and
v: any other relevant information; and
f: the measures that will be used to monitor the performance of the activities.
4: An organisation may only propose an activity for inclusion in the regional land transport plan if it or another organisation accepts financial responsibility for the activity.
5: For the purpose of the inclusion of activities in a national land transport programme,—
a: a regional land transport plan must be in the form and contain the detail that the Agency may prescribe in writing to regional transport committees; and
b: the assessment under subsection (3)﻿(e) must be in a form and contain the detail required by the regional transport committee, taking account of any prescription made by the Agency under paragraph (a).
6: A regional land transport plan must also include—
a: an assessment of how the plan complies with section 14
b: an assessment of the relationship of Police activities to the regional land transport plan; and
c: a list of activities that have been approved under section 20
d: an explanation of the proposed action, if it is proposed that an activity be varied, suspended, or abandoned; and
e: a description of how monitoring will be undertaken to assess implementation of the regional land transport plan; and
f: a summary of the consultation carried out in the preparation of the regional land transport plan; and
g: a summary of the policy relating to significance adopted by the regional transport committee under section 106(2)
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)
h: any other relevant matters.
6A: Any matter included in a regional land transport plan under subsection (6)﻿(ga), (gb), or (gc) is for the purposes of co-ordinated planning and does not limit or affect the process by which any rail activities or combinations of rail activities may be included or excluded, as the case may be, from a rail network investment programme and its funding processes.
7: For the purposes of this section, existing public transport services Section 16 replaced 13 June 2013 section 16 Land Transport Management Amendment Act 2013 Section 16(6)﻿(ga) inserted 1 July 2020 section 9(1) Land Transport (Rail) Legislation Act 2020 Section 16(6)﻿(gb) inserted 1 July 2020 section 9(1) Land Transport (Rail) Legislation Act 2020 Section 16(6)﻿(gc) inserted 1 July 2020 section 9(1) Land Transport (Rail) Legislation Act 2020 Section 16(6A) inserted 1 July 2020 section 9(2) Land Transport (Rail) Legislation Act 2020
17: Form and content of Auckland Transport's regional land transport programmes
Section 17 repealed 13 June 2013 section 17 Land Transport Management Amendment Act 2013
18: Consultation requirements
1: When preparing a regional land transport plan, a regional transport committee—
a: must consult in accordance with the consultation principles specified in section 82
b: may use the special consultative procedure specified in section 83
2: If consulting the Auckland Council, a regional land transport committee or Auckland Transport must consult both the governing body and each affected local board of the Council. Section 18 substituted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18(1) replaced 13 June 2013 section 18 Land Transport Management Amendment Act 2013 Section 18(2) added 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
18A: Combining consultation processes
1:
2: A regional transport committee complies with section 18(1) plan
3: Auckland Transport complies with section 18(1) plan
4: Auckland Transport is not required to consult any organisation or person
a: in the course of preparing the Council's current long-term
b: in accordance with the Local Government Act 2002. Section 18A inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18A heading replaced 13 June 2013 section 19(1) Land Transport Management Amendment Act 2013 Section 18A(1) repealed 13 June 2013 section 19(2) Land Transport Management Amendment Act 2013 Section 18A(2) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18A(2) amended 13 June 2013 section 19(3)﻿(a) Land Transport Management Amendment Act 2013 Section 18A(2) amended 13 June 2013 section 19(3)﻿(b) Land Transport Management Amendment Act 2013 Section 18A(2) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 18A(3) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18A(3) amended 13 June 2013 section 19(4)﻿(a) Land Transport Management Amendment Act 2013 Section 18A(3) amended 13 June 2013 section 19(4)﻿(b) Land Transport Management Amendment Act 2013 Section 18A(3) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 18A(4) added 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18A(4) amended 13 June 2013 section 19(5) Land Transport Management Amendment Act 2013 Section 18A(4)﻿(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
18B: Process for approving regional land transport
plans prepared for regional councils
1: A regional transport committee that has prepared a regional land transport plan sections 18 18A plan
2: If a regional transport committee decides not to include in its regional land transport plan plan
3: The relevant regional council may, after considering a regional land transport plan
a: to approve the regional land transport plan
b: to refer the regional land transport plan plan
4: If a regional council refers a regional land transport plan
a: an amended regional land transport plan sections 18 18A
b: any additional information that has been requested by the regional council or that the regional transport committee considers will help the regional council with its decision.
5: Despite subsection (4)﻿(a), a regional transport committee may forward an amended regional land transport plan sections 18 18A plan
6: If a regional council receives an amended regional land transport plan plan
a: approve the plan plan
b: forward the plan plan
7: If the Agency receives an amended regional land transport plan regional land transport plan
a: treat the regional land transport plan regional land transport plan
b: consider the regional council's statement of reasons.
8: Section 18F plan plan Section 18B inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18B heading amended 13 June 2013 section 20(1) Land Transport Management Amendment Act 2013 Section 18B(1) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(2) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(3) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(3)﻿(a) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(3)﻿(b) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(4) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(4)﻿(a) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(5) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(6) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(6)﻿(a) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(6)﻿(b) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013 Section 18B(7) amended 13 June 2013 section 20(3) Land Transport Management Amendment Act 2013 Section 18B(7)﻿(a) amended 13 June 2013 section 20(3) Land Transport Management Amendment Act 2013 Section 18B(8) amended 13 June 2013 section 20(2) Land Transport Management Amendment Act 2013
18C: Reasons for not including activities in Auckland's regional land transport plan
If Auckland Transport decides not to include in its regional land transport plan an activity proposed by the Auckland Council or the Agency, Auckland Transport must, when forwarding its plan to the Agency, give the Auckland Council or the Agency (as the case may require) written advice of the decision and the reasons for the decision. Section 18C replaced 13 June 2013 section 21 Land Transport Management Amendment Act 2013
18CA: Review of regional land transport plans
1: A regional transport committee must complete a review of the regional land transport plan during the 6-month period immediately before the expiry of the third year of the plan.
2: In carrying out the review, the regional transport committee must have regard to the views of representative groups of land transport users and providers. Section 18CA inserted 13 June 2013 section 21 Land Transport Management Amendment Act 2013
18D: Variation of regional land transport
plans
1: A regional transport committee may prepare a variation to its regional land transport plan during the 6 years to which it applies if—
a: the variation addresses an issue raised by a review carried out under section 18CA
b: good reason exists for making the variation.
2: A variation may be prepared by a regional transport committee—
a: at the request of an approved organisation or the Agency; or
b: on the regional transport committee’s own motion.
3: A variation may be prepared by Auckland Transport
a: at the request of the Agency or the Auckland Council
b: on Auckland Transport's
4: The regional transport committee or Auckland Transport
5: The provisions of this Act that apply to the preparation of a regional land transport plan plan
a: is not significant; or
b: arises from the declaration or revocation of a State highway.
6: Section 18B plan
7: The Agency must consider promptly whether to vary the national land transport programme after receiving a varied regional land transport plan Auckland Transport
8: A variation of a regional land transport plan
9: This section does not apply if section 18E Section 18D inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18D heading amended 13 June 2013 section 22(1) Land Transport Management Amendment Act 2013 Section 18D(1) replaced 13 June 2013 section 22(2) Land Transport Management Amendment Act 2013 Section 18D(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18D(3)﻿(a) amended 13 June 2013 section 22(3) Land Transport Management Amendment Act 2013 Section 18D(3)﻿(b) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18D(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18D(5) amended 13 June 2013 section 22(4) Land Transport Management Amendment Act 2013 Section 18D(6) amended 13 June 2013 section 22(4) Land Transport Management Amendment Act 2013 Section 18D(6) amended 13 June 2013 section 22(5) Land Transport Management Amendment Act 2013 Section 18D(7) amended 13 June 2013 section 22(6) Land Transport Management Amendment Act 2013 Section 18D(7) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18D(8) amended 13 June 2013 section 22(6) Land Transport Management Amendment Act 2013
18E: Changes to certain activities or combinations of activities
1: This section applies to any activities or combinations of activities that have been identified by an approved organisation under section 16(3)﻿(a) plan
2: If an approved organisation has good reason to change any activities or combinations of activities to which this section applies, it may request the Agency to vary the national land transport programme to take account of that change, and must inform the regional transport committee that it has made that request.
3: A request must be made in a form and with the detail prescribed by the Agency in writing to approved organisations.
4: The Agency must consider promptly any request made under this section to vary the national land transport programme.
5: A request made under this section does not create an obligation to vary the national land transport programme but the Agency must give written reasons for any decision not to do so.
6: If the Agency approves a variation under subsection (4), the relevant regional land transport plan plan
7: This section does not apply to approved organisations in Auckland Section 18E inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18E(1) amended 13 June 2013 section 23(1) Land Transport Management Amendment Act 2013 Section 18E(1) amended 13 June 2013 section 23(2) Land Transport Management Amendment Act 2013 Section 18E(6) amended 13 June 2013 section 23(2) Land Transport Management Amendment Act 2013 Section 18E(7) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
18F: Availability of regional land transport
plans
1: A regional council or Auckland Transport
a: forward copies of its approved regional land transport plan
i: the Secretary; and
ii: the Agency; and
iii: the Commissioner; and
iv: approved organisations in the region; and
v: in the case of Auckland, the Auckland Council; and
b: make the approved regional land transport plan section 108
2: In addition, Auckland Transport must make available information about the current funding arrangements, or proposed funding arrangements, in respect of each activity or combination of activities included in its regional land transport plan
a: for inspection by the public, free of charge; and
b: on an Internet site in a format that is readily accessible and, if practicable, that can be used by the visually impaired. Section 18F inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18F heading amended 13 June 2013 section 24(1) Land Transport Management Amendment Act 2013 Section 18F(1) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 18F(1)﻿(a) amended 13 June 2013 section 24(3) Land Transport Management Amendment Act 2013 Section 18F(1)﻿(a)﻿(v) inserted 13 June 2013 section 24(2) Land Transport Management Amendment Act 2013 Section 18F(1)﻿(b) amended 13 June 2013 section 24(3) Land Transport Management Amendment Act 2013 Section 18F(2) amended 13 June 2013 section 24(3) Land Transport Management Amendment Act 2013 Section 18F(2) added 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
18G: Separate consultation with Māori on particular activities
1: An approved organisation, the Auckland Council, or the Agency approved organisation, the Auckland Council, or the Agency
a: Māori land; or
b: land subject to any Māori claims settlement Act; or
c: Māori historical, cultural, or spiritual interests.
2: The relevant approved organisation, the Auckland Council, or the Agency section 7 section 19 Section 18G inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18G(1) amended 13 June 2013 section 25(1) Land Transport Management Amendment Act 2013 Section 18G(2) amended 13 June 2013 section 25(2) Land Transport Management Amendment Act 2013
18H: Māori contribution to decision making
1: The Agency and approved public organisations must, with respect to funding from the national land transport fund,—
a: establish and maintain processes to provide opportunities for Māori to contribute to the organisation’s land transport decision-making processes; and
b: consider ways in which the organisation may foster the development of Māori capacity to contribute to the organisation’s land transport decision-making processes; and
c: provide relevant information to Māori for the purposes of paragraphs (a) and (b).
2: Subsection (1) does not limit the ability of the Agency or an approved public organisation to take similar action in respect of any other population group. Section 18H inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Police activities or combinations of Police activities Heading inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008
18I: Recommendations for Police activities or combinations of Police activities
Every 3 financial years the Agency must, by a date appointed by the Minister, prepare its recommendations for any Police activities or combinations of Police activities that are to be funded under section 10(3)﻿(a) Section 18I inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008
18J: Requirements before recommending Police activities or combinations of Police activities
1: Before recommending any Police activities or combinations of Police activities that are to be funded under section 10(3)﻿(a)
2: The Agency must, in recommending any Police activities or combinations of Police activities for funding under section 10(3)﻿(a)
a: be satisfied that those Police activities or combinations of Police activities—
i: contribute to the purpose of this Act; and
ii: are consistent with the GPS on land transport.
b:
c: Section 18J inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 Section 18J(2)﻿(a)﻿(i) replaced 13 June 2013 section 26(1) Land Transport Management Amendment Act 2013 Section 18J(2)﻿(a)﻿(ii) replaced 13 June 2013 section 26(1) Land Transport Management Amendment Act 2013 Section 18J(2)﻿(b) repealed 13 June 2013 section 26(2) Land Transport Management Amendment Act 2013 Section 18J(2)﻿(c) repealed 13 June 2013 section 26(2) Land Transport Management Amendment Act 2013
18K: Content of recommendations under section 18I
The Agency must ensure that its recommendations under section 18I
a: the recommended funding contribution under section 10(3)﻿(a)
b: a list of the Police activities or combinations of Police activities that are proposed to be funded under section 10(3)﻿(a)
c: the performance measures associated with the delivery of those proposed Police activities or combinations of Police activities; and
d: the revenue to be received by the Commissioner from sources (other than the national land transport fund) applicable to the Police activities or combinations of Police activities for which funding is sought from the national land transport fund; and
e: a long-term financial forecast that contains a forecast of anticipated revenue and expenditure on any Police activities or combinations of Police activities for the following 10 financial years. Section 18K inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008
18L: Approval of recommendations
1: After considering the Agency’s recommendations under section 18I section 10(3)﻿(a)
2: The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendations. Section 18L inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008
18M: Variation of approval
1: The Agency may recommend a variation of an approval under section 18L(1)
2: After considering the Agency’s recommendation, the responsible Minister, in consultation with the Minister of Police, must approve or decline the variation, and, if approved, the variation forms part of the approval it varies.
3: The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendation for variation. Section 18M inserted 1 August 2008 section 16 Land Transport Management Amendment Act 2008 National land transport programme
19: Overview of national land transport programme
Section 19 repealed 13 June 2013 section 27 Land Transport Management Amendment Act 2013
19A: Responsibility for preparing and adopting national land transport programme
1: Every 3 financial years, the Agency must prepare and adopt a national land transport programme for the following 3 financial years.
2: The Agency must adopt a national land transport programme before 1 September
3:
4: A national land transport programme adopted under this section
5: Following the adoption of a national land transport programme under this section, the Agency must consider whether to amend its statement of intent, under section 148 Section 19A inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Section 19A(2) amended 13 June 2013 section 28(1) Land Transport Management Amendment Act 2013 Section 19A(3) repealed 13 June 2013 section 28(2) Land Transport Management Amendment Act 2013 Section 19A(4) amended 13 June 2013 section 28(3) Land Transport Management Amendment Act 2013
19B: Core requirements for national land transport programme
The Agency must, in preparing a national land transport programme,—
a: ensure that the national land transport programme—
i: contributes to the purpose of this Act; and
ii:
iii: gives effect to the GPS on land transport
b: take into account any—
i:
ii:
iii: regional land transport plans
iv: national energy efficiency and conservation strategy; and
v: relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991 ; and
vi: Section 19B inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Section 19B(a)﻿(i) replaced 13 June 2013 section 29(1) Land Transport Management Amendment Act 2013 Section 19B(a)﻿(ii) repealed 13 June 2013 section 29(2) Land Transport Management Amendment Act 2013 Section 19B(a)﻿(iii) amended 13 June 2013 section 29(3) Land Transport Management Amendment Act 2013 Section 19B(b)﻿(i) repealed 13 June 2013 section 29(4) Land Transport Management Amendment Act 2013 Section 19B(b)﻿(ii) repealed 13 June 2013 section 29(4) Land Transport Management Amendment Act 2013 Section 19B(b)﻿(iii) amended 13 June 2013 section 29(5) Land Transport Management Amendment Act 2013 Section 19B(b)﻿(v) amended 1 January 2009 section 63(2) Public Transport Management Act 2008 Section 19B(b)﻿(vi) repealed 13 June 2013 section 29(4) Land Transport Management Amendment Act 2013
19C: Content of national land transport programme
A national land transport programme must include the following matters:
a: an indication of any significant forthcoming national land transport issues known to the Agency; and
b: an assessment as to how the programme complies with section 19B
c: a list of the activity classes identified in the GPS on land transport
d: approved activities and combinations of activities; and
e: any Police activities or combinations of Police activities approved under section 18L
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
f: activities and combinations of activities that the Agency anticipates being funded from the national land transport fund if they are—
i: included in a regional land transport plan
ii: activities or combinations of activities (other than those relating to State highways) for which the Agency is responsible for delivery or managing delivery; and
g: an indication of any nationally or regionally significant activities that are likely to be considered for funding in the 3 financial years that follow the 3 financial years covered by the national land transport programme; and
h: a statement of the Agency’s anticipated revenue and expenditure in respect of the national land transport programme for 10 financial years from the start of the programme; and
i: relevant directions under Part 3 Section 19C inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Section 19C(c) amended 13 June 2013 section 30(1) Land Transport Management Amendment Act 2013 Section 19C(ea) inserted 1 July 2020 section 10 Land Transport (Rail) Legislation Act 2020 Section 19C(eb) inserted 1 July 2020 section 10 Land Transport (Rail) Legislation Act 2020 Section 19C(f)﻿(i) amended 13 June 2013 section 30(2) Land Transport Management Amendment Act 2013
19D: Notification about decision not to include activities in national land transport programme
1: This section applies to the following decisions by the Agency in relation to an activity or combination of activities:
a: a decision not to include an activity or a combination of activities in the national land transport programme:
b: a decision to include an activity or a combination of activities in the national land transport programme, but at a different level of priority to that accorded to the activity or combination of activities in the relevant regional land transport plan
2: If this section applies, the Agency must give the relevant regional transport committee or Auckland Transport Section 19D inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Section 19D(1)﻿(b) amended 13 June 2013 section 31 Land Transport Management Amendment Act 2013 Section 19D(2) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
19E: Variation of national land transport programme
1: The Agency may vary the national land transport programme during the 3 financial years to which it applies.
2: The provisions of this Act that apply to the preparation of the national land transport programme apply with the necessary modifications to a variation of the national land transport programme.
3: If the GPS on land transport is amended under section 90(1)
4: Despite subsection (2), the Agency need not make a varied national land transport programme publicly available under section 108 Section 19E inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Section 19E(3) replaced 13 June 2013 section 32 Land Transport Management Amendment Act 2013
19F: Availability of national land transport programme
The Agency must make a copy of the national land transport programme publicly available in accordance with section 108 Section 19F inserted 1 August 2008 section 17 Land Transport Management Amendment Act 2008 Approval of activities and combinations of activities Heading inserted 1 August 2008 section 18 Land Transport Management Amendment Act 2008
20: Approval of activities and combinations of activities
1: The Agency may approve an activity or combination of activities as qualifying for payments from the national land transport fund.
2: In approving a proposed activity or combination of activities, the Agency must be satisfied that—
a: the activity or combination of activities is included in the national land transport programme or qualifies under subsection (4); and
b: the national land transport programme continues to meet the requirements of section 19B
c: the activity or combination of activities is—
i: consistent with the GPS on land transport; and
ii: efficient and effective; and
d: the activity or combination of activities contributes to the Agency’s objective; and
e: the activity or combination of activities has, to the extent practicable, been assessed against other land transport options and alternatives; and
f: the relevant consultation requirements of this Act have been complied with.
3: In approving a proposed activity or combination of activities, the Agency must—
a: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant national policy statements and relevant regional policy statements that are for the time being in force under the Resource Management Act 1991
b: act in accordance with its operating principles.
4: Despite subsections (2) and (3), the Agency may approve for payment under subsection (1) any activity or combination of activities that, in the opinion of the Agency,—
a: are in the urgent interests of public safety; or
b: are necessary to effect immediate or temporary repair of damage caused by a sudden and unexpected event.
5: When approving an activity or combination of activities as qualifying for payments from the national land transport fund, the Agency must be satisfied that the expenditure on the national land transport programme and any expenses associated with any borrowing undertaken in accordance with section 10(1)﻿(b)
a: the maximum level of expenditure for the national land transport programme outlined in the GPS on land transport
b: the sum of—
i: the anticipated inflows to the national land transport fund in that financial year; and
ii: the actual or anticipated amount of the closing balance of the national land transport fund at the end of the previous financial year; and
iii: the allowable variation for that financial year specified in the GPS on land transport Section 20 substituted 1 August 2008 section 18 Land Transport Management Amendment Act 2008 Section 20(2)﻿(c) replaced 13 June 2013 section 33(1) Land Transport Management Amendment Act 2013 Section 20(2)﻿(d) replaced 13 June 2013 section 33(2) Land Transport Management Amendment Act 2013 Section 20(3) replaced 13 June 2013 section 33(3) Land Transport Management Amendment Act 2013 Section 20(5)﻿(a) amended 13 June 2013 section 33(4) Land Transport Management Amendment Act 2013 Section 20(5)﻿(b)﻿(iii) amended 13 June 2013 section 33(5) Land Transport Management Amendment Act 2013
20A: Methods of assessment
The Agency may apply different methods of assessment for the purpose of approving different activities or combinations of activities. Section 20A substituted 1 August 2008 section 18 Land Transport Management Amendment Act 2008
20B: Agency may impose terms and conditions
The Agency may approve activities or combinations of activities subject to any terms and conditions, which must be relevant and reasonable, that the Agency thinks fit. Section 20B inserted 1 August 2008 section 18 Land Transport Management Amendment Act 2008
20C: Agency must set rate of funding assistance
The Agency must set the rate of funding assistance from the national land transport fund for activities or combinations of activities in accordance with any criteria set by the Minister. Section 20C inserted 1 August 2008 section 18 Land Transport Management Amendment Act 2008
20D: Funding decisions to be made available
1: If the Agency decides to approve or decline funding for an activity or a combination of activities under section 20
a: ensure that every decision that it makes under that section and its reasons for making that decision are made available to any affected approved organisation; and
b: give any organisation or any person responsible for that activity or combination of activities written advice of its decision and reasons for its decision.
2: After approving or declining funding for activities or combinations of activities, the Agency must place a copy of the decision, and the reasons for the decision, on its Internet site.
3: In complying with subsection (2), the Agency may decide to withhold information if the disclosure of that information would be contrary to the interests specified in section 6 9(2)﻿(a)
4: If the Agency decides to withhold information under subsection (3), it must provide its reasons for doing so on its Internet site.
5: Information withheld under subsection (3) may be requested under the Official Information Act 1982 Section 20D inserted 1 August 2008 section 18 Land Transport Management Amendment Act 2008
21: Funding for land transport research, education, or training
Section 21 repealed 1 August 2008 section 19 Land Transport Management Amendment Act 2008
22: Funding for Māori roadways
1: The Agency the Agency from the national land transport fund
2: The Agency national land transport fund
3: The Agency and territorial authorities may receive funding for a Māori roadway if the activity is included in a regional land transport plan Section 22(1) amended 1 August 2008 section 20(1) Land Transport Management Amendment Act 2008 Section 22(1) amended 1 August 2008 section 20(2) Land Transport Management Amendment Act 2008 Section 22(1) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 22(2) amended 1 August 2008 section 20(3) Land Transport Management Amendment Act 2008 Section 22(2) amended 1 August 2008 section 20(4) Land Transport Management Amendment Act 2008 Section 22(2) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 22(3) substituted 1 August 2008 section 20(5) Land Transport Management Amendment Act 2008 Section 22(3) amended 13 June 2013 section 34 Land Transport Management Amendment Act 2013 Rail network investment programme Heading inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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), KiwiRail must prepare the first programme to take effect from 1 July 2021. Section 22A inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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) applies if, after the Minister has completed the requirements of subsection (3),—
a: the Minister refers a programme back under subsection (4); and
b: KiwiRail submits a revised programme.
6: The Minister must repeat the requirements of subsection (3) unless the Minister considers that the revisions to the programme are not significant.
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. Section 22B inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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), and any other matter the Agency thinks relevant, the Agency considers that the Minister should approve the programme.
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. Section 22C inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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) applies unless the Minister considers the variation is not significant, in which case the Minister must simply approve (or not approve) the variation. Section 22D inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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) Section 22E inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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) if—
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. Section 22F inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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), and any other matter the Agency thinks relevant, the Agency considers that the Minister should approve the funding of the activity or combinations of activities.
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. Section 22G inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020
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. Section 22H inserted 1 July 2020 section 11 Land Transport (Rail) Legislation Act 2020 Public organisations
23: Approval of public organisations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister,—
a: approve any public organisation for the purpose of section 10(3)﻿(f)
b: revoke any approval given under this subsection.
2: Before making a recommendation under subsection (1), the Minister must—
a: consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the approval or revocation; and
b: in the case of an approval, be satisfied that granting the approval would be consistent with the purpose of this Act.
3: Without limiting subsection (1), an order made under that subsection may—
a: grant an approval in relation to particular land transport purposes:
b: grant an approval subject to conditions specified in the order.
4: The Department of Conservation and the Waitangi National Trust Board and Auckland Transport
5: Kāinga Ora–Homes and Communities is deemed to be an approved public organisation under this section in relation to its activities related to specified development projects.
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(1)﻿(a) amended 1 August 2008 section 21 Land Transport Management Amendment Act 2008 Section 23(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 23(5) inserted 7 August 2020 section 300 Urban Development Act 2020 Section 23(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Land transport disbursement accounts
24: Land transport disbursement accounts
1: Every approved organisation must operate a land transport disbursement account into which must be paid all money received from the Agency pursuant to an approval under section 20
2: The Agency need not have a land transport disbursement account, but must—
a: comply with section 96
b: ensure that all payments are made in accordance with a procurement procedure unless exempt by or under section 26
3: All expenditure from a land transport disbursement account must be accounted for in a manner prescribed by the Agency after consultation with the Auditor-General.
4: Payments may be made out of a land transport disbursement account only for approved activities or combinations of activities, and only—
a: within the limits and terms and conditions of the approval granted under sections 20 20B
b: in accordance with a procurement procedure unless exempt by or under section 26
5: An approved organisation may—
a: carry forward to any later financial year any amount of the credit balance in its land transport disbursement account at the close of any financial year; and
b: use that money at any time for payments in accordance with this section. Section 24 substituted 1 August 2008 section 22 Land Transport Management Amendment Act 2008 Procurement procedures
25: Procurement procedures
1: For the purposes of this Part, the Agency the Agency and approved organisations
2: In approving a procurement procedure, the Agency
a: enabling persons to compete fairly for the right to supply outputs required for approved activities, if 2 or more persons are willing and able to provide those outputs; and
b: encouraging competitive and efficient markets for the supply of outputs required for approved activities.
3: Every approved procurement procedure
4: It is a condition of every procurement procedure that the Agency or an approved organisation must procure outputs from a provider other than the Agency or that organisation (as the case may require), or its employees.
5: However, nothing in subsection (4) prevents an approved organisation from procuring from the organisation's own business units the provision of minor and ancillary works on terms approved by the Agency
6: Nothing in this section compels an organisation or person to accept the lowest tender received by it for the provision of any outputs. Section 25(1) amended 1 August 2008 section 23(1) Land Transport Management Amendment Act 2008 Section 25(1) amended 1 August 2008 section 23(2) Land Transport Management Amendment Act 2008 Section 25(1) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 25(2) amended 1 August 2008 section 23(3) Land Transport Management Amendment Act 2008 Section 25(2) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 25(3) amended 1 August 2008 section 23(4) Land Transport Management Amendment Act 2008 Section 25(4) substituted 1 August 2008 section 23(5) Land Transport Management Amendment Act 2008 Section 25(5) amended 1 August 2008 section 23(6) Land Transport Management Amendment Act 2008 Section 25(5) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004
26: Payments exempt from procurement procedure
Section 25
a: approved by the Agency combination of activities
b: made in respect of any approved administration activity that is approved by the Agency
c: made in respect of in-house professional services that are—
i: approved by the Agency
ii: undertaken by the Agency or an approved organisation using the Agency's or approved organisation’s own staff and assets; or
d: made under the land transport disbursement account of an approved organisation if the payment is made to the land transport disbursement account of another approved organisation to enable that other organisation to exercise delegated functions and powers under this Act of that first-mentioned approved organisation; or
da: made from Auckland Transport's land transport disbursement account if the payment is made to the Auckland Council's land transport disbursement account; or
e: made in respect of any public transport service identified as integral to a public transport network in relation to any 12-month period that follows the withdrawal or proposed withdrawal of the operator from the provision of the service; or
f: made in respect of any expenditure that is necessary in the urgent interests of public safety; or
g: made in respect of any expenditure that is necessary for the immediate or temporary repair of damage caused by a sudden and unexpected event. 1989 No 75 s 27(4), (5) Section 26(a) amended 1 August 2008 section 24(1) Land Transport Management Amendment Act 2008 Section 26(a) amended 1 August 2008 section 24(2) Land Transport Management Amendment Act 2008 Section 26(a) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 26(b) amended 1 August 2008 section 24(3) Land Transport Management Amendment Act 2008 Section 26(b) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 26(c)﻿(i) amended 1 August 2008 section 24(4) Land Transport Management Amendment Act 2008 Section 26(c)﻿(i) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 26(c)﻿(ii) substituted 1 August 2008 section 24(5) Land Transport Management Amendment Act 2008 Section 26(da) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 26(e) replaced 13 June 2013 section 35 Land Transport Management Amendment Act 2013
26A: Notice of exemption or approval of certain procurement procedures
If the Agency grants itself an exemption under section 26(a) section 25(1) Section 26A inserted 1 August 2008 section 25 Land Transport Management Amendment Act 2008 Local authority interests in public transport services
27: Manner in which certain local authority interests in public transport service must be held
1: Any interest that a local authority has in a public transport service to which this section applies must be held in a council-controlled trading organisation, whether or not in conjunction with another local authority.
2: This section applies to a public transport service held by a local authority if, and only if, the public transport service indirectly receives funding for the purpose from the national land transport fund
3: A regional council may, subject to subsection (1), hold an interest in, or acquire the ownership of, a public transport service or any public transport infrastructure. 1974 No 66 s 594ZR Section 27(2) amended 1 August 2008 section 26 Land Transport Management Amendment Act 2008 Safety administration programme Heading repealed 1 December 2004 section 17(a) Land Transport Management Amendment Act 2004
28: Safety administration programme
Section 28 repealed 1 December 2004 section 17(a) Land Transport Management Amendment Act 2004
29: Approval of safety administration programme
Section 29 repealed 1 December 2004 section 17(b) Land Transport Management Amendment Act 2004
30: Agencies must adhere to safety administration programme
Section 30 repealed 1 December 2004 section 17(b) Land Transport Management Amendment Act 2004
31: Secretary must make safety administration programme available to public
Section 31 repealed 1 December 2004 section 17(b) Land Transport Management Amendment Act 2004
32: Secretary may submit supplementary safety administration programme
Section 32 repealed 1 December 2004 section 17(b) Land Transport Management Amendment Act 2004
33: Minister may approve supplementary safety administration programme
Section 33 repealed 1 December 2004 section 17(b) Land Transport Management Amendment Act 2004
34: Reports on outputs and programmes
Section 34 repealed 1 August 2008 section 27 Land Transport Management Amendment Act 2008 General provisions
35: Needs of
transport-disadvantaged In preparing any programme or plan the Agency, Auckland Transport, transport-disadvantaged 1989 No 75 s 42K Section 35 heading amended 13 June 2013 section 36(1) Land Transport Management Amendment Act 2013 Section 35 amended 13 June 2013 section 36(2) Land Transport Management Amendment Act 2013 Section 35 amended 13 June 2013 section 36(3) Land Transport Management Amendment Act 2013 Section 35 amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 35 amended 1 August 2008 section 28(1) Land Transport Management Amendment Act 2008 Section 35 amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004
36: Agency
1: This section applies if the Agency
a: is in breach of a procurement procedure; or
b: has been or is or will be likely to be in breach of any other provision of this Act relating to payments from a land transport disbursement account; or
c: has constructed or undertaken the activity, or is proposing to construct or undertake the activity, to standards that are excessively high or unsatisfactory.
2: If this section applies, the Agency
a: reduce any payment for any approved activity; or
b: refuse the whole or part of any payment for any approved activity; or
c: withhold the whole or part of any payment for any approved activity.
3: The Agency
a: reduce, refuse, or withhold any amount that it is presently considering paying for any approved activity; or
b: reduce, refuse, or withhold any amount that it proposes to pay for any approved activity in the future.
4: If the Agency the Agency Section 36 heading amended 1 August 2008 section 29(1) Land Transport Management Amendment Act 2008 Section 36(1) amended 1 August 2008 section 29(2) Land Transport Management Amendment Act 2008 Section 36(1) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 36(2) amended 1 August 2008 section 29(3) Land Transport Management Amendment Act 2008 Section 36(2) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 36(3) amended 1 August 2008 section 29(4) Land Transport Management Amendment Act 2008 Section 36(3) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 36(4) amended 1 August 2008 section 29(5) Land Transport Management Amendment Act 2008 Section 36(4) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004
37: Disputes
1: This section applies to any dispute or difference between an organisation and the Agency
a: whether the organisation has complied with a procurement procedure in a particular case:
b: the terms on which the Agency section 25(5)
c: the application of section 26
d: whether a payment should be reduced, refused, or withheld under section 36
2: The dispute or difference must be determined by a single arbitrator appointed by the Minister.
3: No member or employee of the organisation or of the Agency
4: The organisation and the Agency
5: Articles 35 36 clause 6 1989 No 75 s 25 Section 37(1) amended 1 August 2008 section 30(1) Land Transport Management Amendment Act 2008 Section 37(1) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 37(1)﻿(b) amended 1 August 2008 section 30(1) Land Transport Management Amendment Act 2008 Section 37(1)﻿(b) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 37(3) amended 1 August 2008 section 30(2) Land Transport Management Amendment Act 2008 Section 37(3) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 37(4) amended 1 August 2008 section 30(3) Land Transport Management Amendment Act 2008 Section 37(4) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004
38: Provision of information
1: The Agency the Agency
2: An approved organisation may require any other approved organisation to provide any information that it considers it needs to perform its functions under this Act.
3: A requirement under this section must be made in writing, and the information required must be provided as soon as practicable after the requirement is received and be in a readily understandable form.
4: 1974 No 66 s 594ZZJ 1989 No 75 ss 34 42J Section 38(1) amended 1 August 2008 section 31(1) Land Transport Management Amendment Act 2008 Section 38(1) amended 1 December 2004 section 16 Land Transport Management Amendment Act 2004 Section 38(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
38AA: Duty to co-operate
1: It is the duty of the Secretary, the Agency, and approved organisations to give reasonable assistance to each other to enable them to perform their respective functions and duties, and exercise their respective powers, under this Act.
2: In acting under this Act, the Agency, Auckland Transport, and the Auckland Council must work co-operatively with each other and the New Zealand Railways Corporation, the Police, and other organisations that have responsibilities in relation to the Auckland transport system and State highways and railways within Auckland, to help ensure a co-ordinated approach to decision making about Auckland transport.
3: In subsection (2), Auckland transport system section 37(1) Section 38AA inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
38A: Good reasons for refusing to supply requested information
Section 38A repealed 13 June 2013 section 37 Land Transport Management Amendment Act 2013 Infrastructure Auckland Heading repealed 1 December 2004 section 45 Local Government (Auckland) Amendment Act 2004
39: Special provisions relating to Auckland Region
Section 39 repealed 1 August 2008 section 33 Land Transport Management Amendment Act 2008 Diversion of excise duty and excise-equivalent duty to national land transport fund
40: Apportionment of excise duty and excise-equivalent duty
Section 40 repealed 13 June 2013 section 38 Land Transport Management Amendment Act 2013
41: Refund of excise duty, excise-equivalent duty, and GST
1: Persons using any motor spirits, compressed natural gas, or liquefied petroleum gas are entitled to a refund in respect of excise duty, excise-equivalent duty, and goods and services tax charged on the consideration for the supply of motor spirits, compressed natural gas, or liquefied petroleum gas, to the extent that the amount of the duty that is refunded forms part of the consideration for that supply and to the extent specified in regulations made under section 45
2: Nothing in this section applies to any motor spirits, compressed natural gas, or liquefied petroleum gas used for any purpose declared by regulations made under section 45
3:
4: No such refund of excise duty, excise-equivalent duty, or goods and services tax may be allowed unless application is made for that refund in accordance with section 42
5: If the amount of any refund of excise duty, excise-equivalent duty, and goods and services tax provided for in regulations made under section 45 1989 No 75 s 101 Section 41(3) repealed 1 August 2008 section 34 Land Transport Management Amendment Act 2008
42: Procedure for obtaining refund
1: Every application for a refund under section 41
2: Applications for refunds must be made in respect of periods ending with the date or dates approved by the Secretary.
3: No refund may be allowed unless application for the refund is made within 2 years following the close of the period in respect of which the application is made.
4: If the application for a refund is made after the expiration of 3 months from the close of the relevant period but within 2 years after the close of that period, the amount of the refund otherwise payable must be reduced by 10% unless a full refund is allowed under subsection (5).
5: If application for a refund is made after the expiration of 3 months from the close of the relevant period, whether or not it is made within 2 years after the close of that period, the Secretary may, at his or her discretion, allow a full refund.
6: The Secretary may, at his or her discretion, allow a refund in any special case before the close of any period in respect of motor spirits, compressed natural gas, or liquefied petroleum gas used within that period. 1989 No 75 s 102
43: Offence and penalty
1: A person commits an offence who, for the purposes of obtaining a refund under section 41
2: A person who commits an offence against subsection (1) is liable on
3: Despite anything to the contrary in section 25 Section 43(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
44: Consequential repeal
Part 5
45: Regulations relating to sections
41 and
1: The Governor-General may, from time to time, by Order in Council, make regulations providing for any matters contemplated by sections 41 42
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 45 heading amended 1 August 2008 section 35(1) Land Transport Management Amendment Act 2008 Section 45(1) amended 1 August 2008 section 35(2) Land Transport Management Amendment Act 2008 Section 45(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Road tolling schemes
Subpart 2 heading amended 13 June 2013 section 39 Land Transport Management Amendment Act 2013 Road tolling schemes
46: Authority to establish road tolling scheme
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a road tolling scheme to provide funds that may be applied by or on behalf of a public road controlling authority for the purposes of—
a: 1 or more of the following activities, namely, the planning, design, supervision, construction, maintenance, or operation of a new road; and
b: meeting any conditions or requirements set out in the order.
2: An order under subsection (1) must—
a: describe (so far as is practicable)—
i: the new road, or part of it, in respect of which the toll revenue may be applied; and
ii: the road or roads that may be tolled (being the new road and, if the order so provides, a road that meets the requirements of section 48(2)
b: set out any conditions that must be met to the satisfaction of the Minister, being—
i: any conditions that must be met before the public road controlling authority or toll operator may begin tolling; and
ii: any other conditions that apply; and
c: set out a process by which the Minister will confirm whether he or she is satisfied that the relevant conditions to be met before tolling may begin have been met.
3: An order made under subsection (1) may (without limitation)—
a: set tolls, or empower the public road controlling authority or toll operator to set tolls within the maximum limit, or according to the method, set out in the order:
b: provide for different levels of tolls to be levied in respect of different classes of person or motor vehicles, different times or days, different directions of travel, or different methods of payment, or to be levied on any other differential basis:
c: grant exemptions from the obligation to pay tolls under the scheme (whether on a basis referred to in paragraph (b) or on any other basis specified in the order), and empower the public road controlling authority or toll operator to grant exemptions (which power is subject to any limitations set out in the order):
d: state how the tolls are to be collected:
e: specify any information that the toll operator or the public road controlling authority is required to provide to the Minister or any other specified person or organisation:
f: authorise the enforcement authority to have access to law enforcement information held by a holder agency under the Privacy Act 2020
g: specify, in relation to a new road, the purposes under subsection (1) for which toll revenue inflow may be used (including reimbursement of the costs related to the new road):
h: specify civil penalties for breach of conditions referred to in subsection (2)﻿(b)﻿(ii), and establish a procedure for resolving disputes about the application of those penalties:
i: require notice of the Minister's confirmation of the matters referred to in subsection (2)﻿(c) to be published in the manner set out in the order.
4: An order under this section is secondary legislation ( see Part 3
4A: If a public road controlling authority or toll operator is authorised to exercise a power under subsection (3)﻿(a) or (c) (other than a power that relates only to 1 or more named persons),—
a: the instrument by which that power is exercised is secondary legislation ( see Part 3
b: the order must contain a statement to that effect.
4B: However, section 161A(4)
5: Before recommending that an order made under subsection (1) be amended or revoked, the Minister must consult the relevant public road controlling authority about his or her proposal.
6: This section does not limit any other Act that provides for tolls to be levied or collected in respect of any road. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4A)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4A)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 114 115 cl 14 32 Presentation Disallowance This note is not part of the Act. Section 46(3)﻿(f) amended 1 December 2020 section 217 Privacy Act 2020 Section 46(3)﻿(g) replaced 13 June 2013 section 40 Land Transport Management Amendment Act 2013 Section 46(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 46(4B) inserted 28 October 2021 regulation 95 Legislation Act (Amendments to Legislation) Regulations 2021
47: When tolling power is exercisable
1: The power of a public road controlling authority or toll operator to begin tolling a road or part of it in accordance with an Order in Council made under section 46(1)
a: from the time, or on and from the date, specified for the purpose in a notice published by the Minister stating that he or she is satisfied as to the matters referred to in section 46(2)﻿(c)
b: if no time is so specified, from the time that notice is published.
2: A notice under subsection (1) must be published in the form and manner specified in the relevant order made under section 46(1)
3: The power of a public road controlling authority or toll operator to continue tolling a road or part of it in accordance with an order made under section 46(1)
a: during the period specified for the purpose in the order; or
b: if no period is specified in the order, while the toll-setting provisions of the order remain in force.
48: Procedure for recommending making of order under section 46
1: The Minister must not recommend the making of an Order in Council under section 46(1)
a: that the relevant public road controlling authority or authorities have carried out adequate consultation on the proposed tolling scheme; and
b: with the level of community support for the proposed tolling scheme in the relevant region or regions; and
c: that the requirement in subsection (2) (if applicable) is met; and
d: that a feasible, untolled, alternative route is available to road users; and
e: that the proposed tolling scheme is efficient and effective.
2: The Minister, must not recommend that an existing road or part of it be tolled unless he or she is satisfied that the existing road or part is located near, and is physically or operationally integral to, the new road in respect of which the tolling revenue will be applied.
3:
4: The Minister may, at his or her discretion,—
a: recommend or decline to recommend the making of an order under section 46(1)
b: after consulting the public road controlling authority about his or her proposal, recommend the making of an order under section 46(1)
5: Section 48(1) replaced 13 June 2013 section 41(1) Land Transport Management Amendment Act 2013 Section 48(3) repealed 13 June 2013 section 41(2) Land Transport Management Amendment Act 2013 Section 48(5) repealed 13 June 2013 section 41(2) Land Transport Management Amendment Act 2013
48A: Authority to establish road tolling scheme for Route K
1: Despite section 46(1) sections 46 and 50 to 55
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48A inserted 1 August 2015 section 42 Land Transport Management Amendment Act 2013 Section 48A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
48B: When tolling power is exercisable for Route K
1: The power of a public road controlling authority or toll operator to begin tolling a road or part of it in accordance with an Order in Council made under section 48A
2: The power of a public road controlling authority or toll operator to continue tolling a road or part of it in accordance with an order made under section 48A
a: during the period specified for the purpose in the order; or
b: if no period is specified in the order, while the toll-setting provisions of the order remain in force. Section 48B inserted 1 August 2015 section 42 Land Transport Management Amendment Act 2013
49: Consultation requirements
Section 49 repealed 13 June 2013 section 43 Land Transport Management Amendment Act 2013
50: Privacy
1: This section applies to personal information held or stored for the purposes of a road tolling scheme by or on behalf of a toll operator or enforcement authority.
2: The toll operator must not use any personal information to which this section applies except for the purpose of collecting tolls.
3: The enforcement authority must not use any personal information to which this section applies except for the purpose of enforcing the toll offence provisions of this Act.
4: The disclosure of personal information to which this section applies on any of the grounds set out in information privacy principle 11 section 22
5: The toll operator and enforcement authority must each outline their privacy policies in a document and make the document available for inspection by the public free of charge during usual working hours or for purchase at a reasonable price.
6: Personal information to which this section applies may be retained only for as long as is reasonably necessary to—
a: collect the tolls that relate to that personal information:
b: enforce the provisions of this Act in relation to unpaid tolls that relate to that personal information:
c: comply with any information retention requirements specified in any other enactment that relate to that personal information.
7: For the purposes of this section, personal information Section 50(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 50(6) inserted 13 June 2013 section 44 Land Transport Management Amendment Act 2013 Section 50(7) inserted 13 June 2013 section 44 Land Transport Management Amendment Act 2013
51: Payment of tolls
1: A toll must be paid at the time the toll is due for payment under section 52
2: A toll must be paid by a method required by the toll operator, and the toll operator may offer alternative methods of payment.
3:
4: The toll operator may impose reasonable charges in connection with the administration of any method of payment. Section 51(3) repealed 13 June 2013 section 45 Land Transport Management Amendment Act 2013
52: Who is liable to pay toll
1: The driver of a motor vehicle is liable for payment of the toll to the toll operator when the vehicle reaches the toll payment point.
2: If the driver fails to pay the toll as required by subsection (1), the person registered under Part 17 registered person
3: However, the registered person is not liable under subsection (2) to pay the toll registered person
a: the name and address of the driver of the vehicle or any other particulars within the knowledge of the registered person
b: a statement that the vehicle was a stolen vehicle at the relevant time.
3A: Notice under subsection (3) may be given by—
a: sending it, or a copy of it, by post addressed to the registered person at that person’s last known place of residence or business or postal address; or
b: electronic means of communication delivered to the registered person's electronic address if the toll operator complies with Part 4
3B: Unless the registered person proves that the registered person did not (through no fault of the registered person) receive the notice given under subsection (3), a notice delivered by—
a: ordinary post is to be treated as having been delivered 5 working days after the date on which it was posted:
b: electronic means of communication is to be treated as having been delivered on the day after the date on which it was delivered to the person's electronic address.
4: Tolls (and the associated enforcement costs) are recoverable in a court of competent jurisdiction as a debt due to the toll operator.
5: Tolls are not payable in respect of any motor vehicle that—
a: is an emergency vehicle; or
b: is exempt by virtue of an Order in Council made under section 46(1)
6: For the purposes of subsection (5), emergency vehicle
a: as a Police vehicle:
b: as an ambulance service vehicle:
c: as a vehicle for the delivery of designated services (as defined in section 6 Section 52(2) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 52(3) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 52(3)﻿(a) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 52(3A) inserted 13 June 2013 section 46(1) Land Transport Management Amendment Act 2013 Section 52(3A)﻿(a) replaced 17 December 2016 section 64 Statutes Amendment Act 2016 Section 52(3A)﻿(b) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 52(3B) inserted 13 June 2013 section 46(1) Land Transport Management Amendment Act 2013 Section 52(5) replaced 13 June 2013 section 46(2) Land Transport Management Amendment Act 2013 Section 52(6) inserted 13 June 2013 section 46(2) Land Transport Management Amendment Act 2013 Section 52(6)﻿(c) replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
53: Enforcement of tolls
A toll operator may deny a motor vehicle physical access to its toll road, or past the toll payment point, if—
a: the vehicle is subject to a toll, or the driver or person registered under Part 17
b: the driver or person registered under that Part in respect Section 53(a) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 53(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009
54: Offences and penalties
1: A person commits an offence if the person, without reasonable excuse,
2: An offence against subsection (1) is a moving vehicle offence under the Land Transport Act 1998
3: A person commits an offence if, for the purpose of section 52(3)
4: A person who commits an offence against subsection (3) is liable on
5: Subsection (3) does not limit section 111 Section 54(1) amended 13 June 2013 section 47 Land Transport Management Amendment Act 2013 Section 54(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
55: Application of Fair Trading Act 1986
1: Nothing in this Part limits the application of the Fair Trading Act 1986
2: For the purposes of the Fair Trading Act 1986 Delegation Heading replaced 13 June 2013 section 48 Land Transport Management Amendment Act 2013
56: Concession agreements
Section 56 repealed 13 June 2013 section 49 Land Transport Management Amendment Act 2013
57: When concession agreement may be entered into
Section 57 repealed 13 June 2013 section 49 Land Transport Management Amendment Act 2013
58: Approval process and relationship to national land transport programme
Section 58 repealed 13 June 2013 section 49 Land Transport Management Amendment Act 2013
59: Consultation requirements
Section 59 repealed 13 June 2013 section 49 Land Transport Management Amendment Act 2013
60: Terms of concession agreements
Section 60 repealed 13 June 2013 section 49 Land Transport Management Amendment Act 2013
61: Delegation of roading functions and powers
1: For the purpose of enabling another person to construct or operate a new road, a road controlling authority may, with the prior approval of the Minister, delegate in writing to that person all or any of its functions and powers under—
a: Part 21
b: Part 4 section 61(3) section 62
2: While functions or powers of a road controlling authority are delegated to another person
a: the person
b: neither the road controlling authority nor the Crown is answerable for any act or default of the person
c: the road controlling authority may not perform or exercise any of the functions, duties, or powers so delegated without first revoking that delegation.
3: A person
4:
5: For the purposes of this section, person Section 61 heading amended 13 June 2013 section 50(1) Land Transport Management Amendment Act 2013 Section 61(1) replaced 13 June 2013 section 50(2) Land Transport Management Amendment Act 2013 Section 61(2) amended 13 June 2013 section 50(3) Land Transport Management Amendment Act 2013 Section 61(2)﻿(a) amended 13 June 2013 section 50(4) Land Transport Management Amendment Act 2013 Section 61(2)﻿(b) amended 13 June 2013 section 50(5) Land Transport Management Amendment Act 2013 Section 61(3) amended 13 June 2013 section 50(6) Land Transport Management Amendment Act 2013 Section 61(4) repealed 1 August 2008 section 41(2) Land Transport Management Amendment Act 2008 Section 61(5) inserted 13 June 2013 section 50(7) Land Transport Management Amendment Act 2013
62: Effect of delegation under section 61
1: This section applies in relation to delegations under section 61
2: A person may, subject to any general or special directions given or conditions imposed by the road controlling authority, exercise any functions or powers under a delegation in the same manner and with the same effect as if they had been conferred or imposed on that person directly by section 61
3: A delegation may be made—
a: to a specified person or to persons of a specified class; or
b: to the holder or holders for the time being of a specified office or specified class of office.
4: A delegation must be given for a specified period but in any event is revocable at any time
5: Until it is revoked or it expires, a delegation continues in force according to its tenor, despite the fact that the person by whom it was made may cease to hold office, and continues to have effect as if it were made by the person for the time being holding that office.
6: A person purporting to act under a delegation must, when reasonably requested to do so, produce evidence of his or her authority to so act.
7: A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation. Section 62(4) amended 13 June 2013 section 51 Land Transport Management Amendment Act 2013
63: Leasing
1: A road controlling authority may, for the purpose of enabling another person to construct or operate a new road and with the prior written approval of the Minister, grant a lease for a term not longer than 49 years over any land under the control of the road controlling authority.
2:
3: In subsection (1), land
a: an estate, right, title, or interest in land; and
b: an existing road or a new road or a portion of an existing road or a new road; and
c: land acquired by the road controlling authority under the Public Works Act 1981
4: The lease—
a:
b: may be for the whole or any part of any period or periods within the written
c: if so required by the Minister, must include provisions setting out the rights and responsibilities of the lessor and lessee, including provisions about matters such as fees:
d: must include provisions relating to the protection of public access to the land.
5: While the written agreement
a: is not a subdivision for the purposes of section 218
b: is not subject to sections 40 to 42
6: For the purposes of the Rating Powers Act 1988 Local Government (Rating) Act 2002
7: A licence must not be granted for the purpose referred to in subsection (1).
8: For the purposes of this section, written agreement Section 63(1) replaced 13 June 2013 section 52(1) Land Transport Management Amendment Act 2013 Section 63(2) repealed 13 June 2013 section 52(2) Land Transport Management Amendment Act 2013 Section 63(3)﻿(b) replaced 13 June 2013 section 52(3) Land Transport Management Amendment Act 2013 Section 63(4)﻿(a) repealed 13 June 2013 section 52(4) Land Transport Management Amendment Act 2013 Section 63(4)﻿(b) amended 13 June 2013 section 52(5) Land Transport Management Amendment Act 2013 Section 63(5) amended 13 June 2013 section 52(6) Land Transport Management Amendment Act 2013 Section 63(8) inserted 13 June 2013 section 52(7) Land Transport Management Amendment Act 2013
64: Registration of leases
If a lease under section 63 section 12 Section 64 replaced 12 November 2018 section 250 Land Transfer Act 2017 Enforcement of this Part and other land transport legislation
65: This Part and other land transport legislation enforceable in relation to
1: This section applies in relation to persons who are enforcement officers under the Land Transport Act 1998
2: In relation to a
a: enforcement officers who are not constables but who are Police employees section 113(1) section 2(1)
b: other enforcement officers who are appointed for the purposes of this Part under section 208(1) or (3)﻿(a)﻿(iii) section 2(1)
c: the following provisions apply accordingly:
i: the Criminal Procedure Act 2011
ii: the Summary Proceedings Act 1957
3: For the purposes of sections 52(1)﻿(c) 53 Section 65 heading amended 13 June 2013 section 53(1) Land Transport Management Amendment Act 2013 Section 65(2) amended 13 June 2013 section 53(2) Land Transport Management Amendment Act 2013 Section 65(2)﻿(a) amended 13 June 2013 section 53(3) Land Transport Management Amendment Act 2013 Section 65(2)﻿(b) amended 13 June 2013 section 53(4) Land Transport Management Amendment Act 2013 Section 65(2)﻿(c) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65(3) amended 13 June 2013 section 53(5) Land Transport Management Amendment Act 2013
3: Regional fuel tax
Subpart 3 inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Preliminary provisions Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65A: Definitions
In this subpart, unless the context otherwise requires,— exempt use
a: use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or
b: use in the manufacture at a refinery of refined petroleum products; or
c: use in any commercial ship within the meaning of section 2(1)
d: use in any vehicle that is designed to operate exclusively on rails; or
e: any use that is prescribed by the regulations to be a use exempt from regional fuel tax fuel section 181(1) fuel distribution operation
a: to 1 or more fuel outlets; or
b: to 1 or more end users (typically in bulk) without it ever having been supplied to a fuel outlet fuel distributor fuel outlet region section 5(1) regional council section 5(1) regional fuel tax RF taxpayer section 65P RFT rebate section 65ZB RFT region RFT scheme section 65K Section 65A inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65B: Overview of subpart
This subpart provides for—
a: the establishment, replacement, variation, and termination of RFT schemes; and
b: the review of RFT schemes; and
c: the collection of regional fuel tax in respect of RFT schemes; and
d: the application for, and payment of, RFT rebates; and
e: the administration and enforcement of RFT schemes. Section 65B inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Requirements: RFT schemes Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65C: Requirements relating to RFT scheme
1: No more than 1 RFT scheme may be in force at any time in any area.
2: The maximum duration of an RFT scheme is 10 years unless extended under section 65K(2)
3: The maximum rate of regional fuel tax under an RFT scheme is $0.10 per litre.
4: The amount of any regional fuel tax payable under this subpart must be stated exclusive of any goods and services tax payable under the Goods and Services Tax Act 1985 Section 65C inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Proposals to establish or replace RFT scheme Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65D: Preparation of proposal to establish or replace RFT scheme
A regional council may prepare a proposal to establish or replace an RFT scheme for the region, or a part of the region, if the council, having regard to the views of the regional transport committee, considers that there are 1 or more capital projects that—
a: would benefit the region or the part of it to which the proposal relates; and
b: are included in the relevant regional land transport plan (including a draft plan); and
c: cannot reasonably be fully funded from sources other than a regional fuel tax within the time frame desired by the council. Section 65D inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65E: Proposal for RFT scheme: content requirements
A proposal to establish or replace an RFT scheme must—
a: describe the programme of capital projects that the RFT scheme is intended to support; and
b: with regard to the programme,—
i: state its objectives; and
ii: describe its expected effects (positive and negative); and
iii: explain how it is expected to contribute to achieving the objectives of any relevant regional land transport plan (including a draft plan), any relevant GPS on land transport (including a draft GPS), and any other document that sets out transport priorities for the region and that the Minister of Finance and the responsible Minister specify; and
iv: state the amount of interest expenditure expected to be required for delivery of the programme; and
v: explain why it is desirable that a regional fuel tax be among the funding sources for the programme; and
c: for each project in the programme,—
i: describe the project; and
ii: describe its expected costs and benefits; and
iii: explain why the regional council believes the project provides value for money; and
iv: set out its proposed completion date; and
v: state the amount of capital expenditure expected to be required from regional fuel tax; and
vi: state the amount of operating expenditure (other than interest) expected to be required from regional fuel tax for the delivery of the project; and
vii: state the amount of debt repayment expected to be required from regional fuel tax for the project; and
viii: specify the project’s proposed duration; and
d: specify the scheme's proposed duration; and
e: set out the rate or rates of regional fuel tax and the period during which each rate is to apply; and
f: set out the forecast revenue from the regional fuel tax and the assumptions or data on which the forecast is based; and
g: set out the forecast expenses of administering the scheme, including RFT rebate processing; and
h: clearly describe, if it is proposed that the RFT scheme apply to only part of a region,—
i: the part of the region that is not to be subject to the RFT scheme; and
ii: the reasons for proposing that the RFT scheme not apply to that part; and
i: state to what extent the regional council expects the RFT scheme to change fuel-buying behaviour by the public, any likely consequences from such changes, and how such anticipated changes have been taken into account in the revenue forecast; and
j: explain why the regional council believes it will be practicable for RF taxpayers and the Agency to implement the RFT scheme; and
k: include any other information or other matter that may be prescribed by regulations made under this subpart. Section 65E inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65F: Consultation on proposal
1: When preparing a proposal to establish or replace an RFT scheme, a regional council—
a: must carry out consultation in accordance with the principles set out in section 82
b: may use the special consultative procedure specified in section 83
2: A regional council must also carry out consultation in accordance with subsection (1) on any material change in a proposal that results from a reconsideration after a proposal is referred back to the council under section 65J(b)
3: A regional council may carry out the consultation required under subsection (1) in conjunction with—
a: the council’s consultation on its long-term plan or its annual plan under the Local Government Act 2002
b: any other consultation under this Act. Section 65F inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Proposals to vary RFT scheme Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65G: Proposal to vary RFT scheme
1: A regional council—
a: must prepare a proposal to vary an RFT scheme in its region if it intends to change a material aspect of the programme of capital projects supported by the RFT scheme; and
b: may prepare a proposal to vary an RFT scheme in its region if it considers it desirable that any of the following aspects of the RFT scheme be changed:
i: the rate or rates of regional fuel tax under the RFT scheme:
ii: the period during which any rate of regional fuel tax applies under the RFT scheme:
iii: the area that is subject to the RFT scheme:
iv: the end date of the RFT scheme (but see section 65M
2: Section 65D Section 65G inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65H: Rules applicable to proposals to vary RFT scheme
A regional council, in a proposal to vary an RFT scheme,—
a: must set out as much of the information that is required under section 65E
b: must not propose an amended end date for the RFT scheme that extends it by more than 10 years; and
c: must carry out consultation on the proposal in accordance with section 65F Section 65H inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Submission of proposals to Minister of Finance and responsible Minister Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65I: Submission of proposal and accompanying report
1: After a proposal to establish, replace, or vary an RFT scheme has been consulted on, the regional council may submit it (with any changes made as a result of the consultation) to the Minister of Finance and the responsible Minister.
2: A proposal submitted to the Minister of Finance and the responsible Minister must be accompanied by—
a: a report of the consultation carried out in accordance with section 65F
b: any other information that the Minister of Finance and the responsible Minister reasonably require. Section 65I inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Decisions of Ministers regarding proposals Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65J: Decisions of Minister of Finance and responsible Minister concerning proposed RFT scheme
The Minister of Finance and the responsible Minister may, in their complete discretion, after considering a proposal to establish, replace, or vary an RFT scheme,—
a: recommend to the Governor-General that the RFT scheme be established, replaced, or varied in the manner set out in the proposal; or
b: refer the proposal back to the regional council, requesting it to reconsider 1 or more of the aspects of the proposal; or
c: decline to recommend the establishment, replacement, or variation of the RFT scheme in the manner set out in the proposal. Section 65J inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Orders in Council regarding RFT schemes Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65K: Orders in Council establishing, replacing, or varying RFT scheme
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Finance and the responsible Minister,—
a: establish or replace a regional fuel tax scheme, specifying the area that is subject to the scheme; and
b: prescribe the start date and end date of the scheme, the rate or rates of regional fuel tax applicable under it, and the period during which each rate applies.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister of Finance and the responsible Minister,—
a: vary a regional fuel tax scheme; and
b: accordingly amend any provisions relating to the end date of the scheme, the rate or rates of regional fuel tax applicable under the scheme, the period during which each rate applies, and the area that is subject to the scheme.
3: An order made under subsection (1) must—
a: identify, but need not contain, the proposal; and
b: include, in a schedule of the order, a list of the capital projects in the programme supported by the RFT scheme and their proposed completion dates.
4: An order made under subsection (2)—
a: must identify, but need not contain, the proposal; and
b: must, if the proposal includes any change to a material aspect of the programme of capital projects supported by the RFT scheme, amend the schedule of the relevant order to reflect the change; and
c: must not amend the end date of the RFT scheme to any date that is later than the day that is 10 years after the date on which the order comes into force.
5: A regional council must make a proposal identified in an order made under this section accessible in accordance with section 108
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65K inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65K(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
65L: Early termination of RFT schemes
1: An order made under section 65K
a: in accordance with—
i: a proposal prepared by the regional council under section 65G section 65I
ii: the Ministers’ recommendation under section 65J(a)
b: if the Minister of Finance and the responsible Minister on their own initiative recommend such an order because they are satisfied, on reasonable grounds, that the actions that the regional council has taken or intends to take in respect of concerns notified to the council under subsection (2) are not an adequate response to those concerns.
2: The Minister of Finance and the responsible Minister may, if they have reasonable concerns that a regional council is not duly carrying out, in a material way, the proposal on which the RFT scheme for their region is based, notify the council of those concerns and advise the council that it must, within 3 months, respond to each of the concerns, stating what action the council has taken, or intends to take, in respect of those concerns. Section 65L inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Review of RFT schemes Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65M: Regional council must review RFT scheme before proposing to extend or replace scheme
1: A regional council must review an RFT scheme that is in effect in its region before preparing a proposal—
a: to replace the scheme under section 65D
b: to vary the scheme under section 65G
2: The review must be completed no later than 1 year before the end date of the RFT scheme. Section 65M inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Functions of Agency under this subpart Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65N: Functions of Agency under this subpart
The Agency’s functions under this subpart include—
a: providing the Minister of Finance and the responsible Minister with any advice, as requested by the Ministers, relating to this subpart or to a proposed or existing RFT scheme; and
b: collecting regional fuel tax and any related penalties and, in connection with the collection of regional fuel tax, maintaining—
i: a registry of RF taxpayers; and
ii: a registry of users of fuel for an exempt use and the locations where any fuel supplied to them will be used exclusively for an exempt use; and
c: administering the provision of RFT rebates; and
d: transferring the net revenue from an RFT scheme to the appropriate regional council; and
e: monitoring the revenues and costs of RFT schemes, and fuel prices and volumes related to the schemes.
f: Section 65N inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65N(f) repealed 1 April 2021 section 7 Land Transport (NZTA) Legislation Amendment Act 2020
65NA: Functions of Director under this subpart
The Director’s functions under this subpart include prosecuting offences under section 65ZI Section 65NA inserted 1 April 2021 section 8 Land Transport (NZTA) Legislation Amendment Act 2020 Liability to tax Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65O: Intended liability
The provisions imposing liability to pay regional fuel tax are intended to ensure, and must be interpreted and applied so as to ensure—
a: that, subject to section 65P(2)﻿(b)
i: that is supplied to a fuel outlet located in an RFT region; or
ii: that is supplied in an RFT region to an end user, if regional fuel tax has not already been paid with respect to that fuel under subparagraph (i); or
iii: that an RF taxpayer transfers within an RFT region into the RF taxpayer’s own vehicle fuel tanks, if regional fuel tax has not already been paid with respect to that fuel under subparagraph (i) or (ii); and
b: that regional fuel tax is payable only once in respect of any particular fuel. Section 65O inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65P: Liability to pay regional fuel tax
1: A person (the RF taxpayer
a: in the course of carrying on a fuel distribution operation,—
i: supplies to any person at a location in the RFT region; or Examples
A Ltd distributes petroleum products throughout New Zealand. It supplies fuel to an independent service station operator, J Ltd, in an RFT region. A Ltd is liable to pay regional fuel tax on the fuel supplied to J Ltd. A Ltd distributes petroleum products throughout New Zealand. It supplies fuel directly to K Ltd, which operates a farm at a location in an RFT region. A Ltd is liable to pay regional fuel tax on the fuel supplied to K Ltd.
ii: supplies, outside the RFT region,—
A: to an operator of a fuel outlet that is located in the RFT region, if the RF taxpayer knows that the fuel will be transported to that fuel outlet for use in supplying end users; or
B: to an operator of a business enterprise conducted at a location in the RFT region, if the RF taxpayer knows that the fuel will be used in that enterprise; or Examples
A Ltd is a fuel distributor at a location outside the RFT region. L Ltd operates service stations in the RFT region. A Ltd supplies fuel to L Ltd at its location outside the RFT region. A Ltd knows that L Ltd intends to transport that fuel to its service stations in the RFT region. A Ltd is liable to pay regional fuel tax on the fuel supplied to L Ltd. A Ltd is a fuel distributor at a location outside the RFT region. M Ltd operates a farm in the RFT region. A Ltd supplies fuel to M Ltd at its location outside the RFT region. A Ltd knows that M Ltd intends to transport that fuel to its farm in the RFT region for use in its farm trucks and equipment. A Ltd is liable to pay regional fuel tax on the fuel supplied to M Ltd.
b: being the operator of a fuel outlet located outside the RFT region, supplies to any person at a location in the RFT region; or Example
B Ltd operates a service station outside the RFT region. It delivers fuel to N Forestry Ltd at a location inside the RFT region. B Ltd is liable to pay regional fuel tax on the fuel delivered.
c: in the course of carrying on a fuel distribution operation in the RFT region, transfers into a fuel tank of the RF taxpayer’s own vehicles or equipment. Example
A Ltd is a fuel distributor operating in the RFT region. It fuels its own road tankers at its location in the RFT region. A Ltd is liable to pay regional fuel tax on that fuel.
2: However, a person is not liable to pay regional fuel tax on fuel that the person—
a: supplies to a person who is a registered RF taxpayer (subject to any qualifications in that registration); or Example
A Ltd supplies fuel outside the RFT region to B Ltd, who, in turn, supplies fuel to various service stations, including some inside the RFT region. B Ltd is registered as an RF taxpayer. A Ltd is not required to pay regional fuel tax on the fuel supplied to B Ltd. B Ltd, however, is required to pay regional fuel tax on any fuel it supplies to a service station inside the RFT region.
b: supplies to a person who is registered with the Agency as a user of fuel for an exempt use at a location registered as one where any fuel supplied will be used exclusively for an exempt use; or Example
A Ltd supplies fuel to O Ltd, which operates a fishing fleet. O Ltd has registered with NZTA as a user of exempt fuel and its location at Fisherman’s Wharf is a location registered as one where any fuel supplied to O Ltd will be used only for an exempt use. A Ltd is not required to pay regional fuel tax on the fuel it supplies to O Ltd at the Fisherman’s Wharf location.
c: uses for an exempt use. Example
A Ltd, a fuel distributor located in an RFT region, operates both a recreational boat and a commercial ship and fuels them from its tanks in the RFT region. A Ltd is not required to pay regional fuel tax on the fuel for its commercial ship.
3: Subsection (4) applies if a person—
a: operates a fuel outlet outside an RFT region or carries on a fuel distribution operation in or outside the RFT region; and
b: in the course of any such operation, provides fuel to a fuel outlet operated by that person at a location in the RFT region, or to any other business operation of the person carried on at a location in the RFT region.
4: If this subsection applies,—
a: the providing operation and the fuel outlet or other business operation to which fuel is provided must be treated as if they were separate persons; and
b: the providing operation is to be treated as having made a supply of fuel to which subsection (1) applies; and
c: subsection (2)﻿(a) does not apply to exempt such a supply from regional fuel tax. Examples
A Ltd distributes petroleum products throughout New Zealand and also owns its own service stations inside the RFT region. A Ltd is liable for regional fuel tax on the fuel it provides to its service stations in the RFT region. A Ltd distributes petroleum products throughout New Zealand and also operates a timber-harvesting business inside the RFT region. A Ltd is liable for regional fuel tax on the fuel it provides to its timber-harvesting business. Section 65P inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65Q: Registration as RF taxpayer
1: A person who is liable to pay regional fuel tax under section 65P
2: An application must—
a: show that the person is likely to be liable to pay regional fuel tax on a regular basis; and
b: describe the person’s business operations relating to supplies of fuel that are relevant to an RFT scheme; and
c: provide any other information that the Agency reasonably requires.
3: The Agency may register a person as a registered RF taxpayer if it is satisfied that to do so will promote the registry’s purpose of avoiding double liability for regional fuel tax without resulting in the avoidance of regional fuel tax.
4: The Agency may qualify the registration of a registered RF taxpayer by restricting the registration to particular business operations or locations or in any other way that will promote the registry’s purpose of avoiding double liability for regional fuel tax without resulting in the avoidance of regional fuel tax. Section 65Q inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65R: Registration as user of fuel for exempt uses (and associated exempt-use-only locations)
1: A person may apply to the Agency to be registered as a user of fuel for exempt uses.
2: An application must—
a: state the exempt uses for which fuel supplied to the applicant will be used; and
b: describe 1 or more locations at which any fuel supplied to the applicant will be used exclusively for exempt uses (an exempt-use-only location
c: for each exempt-use-only location, describe the systems, procedures, and practices of the applicant that will ensure—
i: that fuel supplied to that location will be used exclusively for exempt uses; and
ii: that adequate records will be kept that will allow the Agency to verify that fuel supplied to that location is used exclusively for exempt uses; and
d: provide any other information that the Agency reasonably requires.
3: The Agency may register an applicant as a user of fuel for exempt uses, specifying 1 or more exempt-use-only locations for that person, if it is satisfied—
a: as to any prescribed criteria for approval; and
b: as to the matters set out in subsection (2)﻿(c)﻿(i) and (ii).
4: For the purposes of a registration under this section, the Agency may treat an operator of a fuel outlet as a user of the fuel supplied to the operator at a particular location if all of that fuel will be used for exempt uses (by the operator or by the persons to whom the operator supplies the fuel), and, in such a case, this section applies with any necessary modifications. Example
A Ltd operates a fuel outlet located on a wharf. Fuel supplied to that wharf location is, in turn, supplied exclusively to and used exclusively in commercial ships. The Agency can treat A Ltd as a user of the fuel supplied to it at the wharf location and assess an application from it under this section.
5: The Agency may make a registration under this section subject to any conditions, including any prescribed conditions, that it reasonably considers will ensure that the matters referred to in subsection (2)﻿(c)﻿(i) and (ii) are satisfied. Section 65R inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65S: Registration not transferable or assignable
A registration under section 65Q 65R Section 65S inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65T: Availability of information in registries
The Agency must make information in the registries referred to in sections 65Q 65R Section 65T inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Record keeping and returns Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65U: Record keeping
The following persons must keep records related to the acquisition or supply of fuel in accordance with the requirements of the Agency:
a: RF taxpayers:
b: operators of fuel outlets in an RFT region:
c: fuel distributors who supply fuel in an RFT region exclusively for exempt uses:
d: persons who are registered as users of fuel for an exempt use. Section 65U inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65V: Returns
An RF taxpayer by whom a regional fuel tax is payable under an RFT scheme in respect of any supplies or transfers of fuel in a month must file with the Agency a return for that month. The return must—
a: be filed within the first 20 days of the next month; and
b: be filed in the form and manner reasonably required by the Agency; and
c: contain any information and be accompanied by any other document reasonably required by the Agency. Section 65V inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Assessments Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65W: Assessment of tax
1: The Agency must assess the regional fuel tax payable by an RF taxpayer under an RFT scheme for any month. In doing so, the Agency may rely on the information set out in the RF taxpayer’s monthly return or may make its own determination of the correct amount payable.
2: If an RF taxpayer has failed to file a return in accordance with section 65V
a: a filing penalty of up to 10%, as determined by the Director
b: the Director
i: a higher amount of penalty is more likely to be appropriate in any case of a repeated failure to file a return:
ii: a lesser amount of penalty is more likely to be appropriate in any case where the RF taxpayer neither knew nor ought to have known that they had an obligation to file a return:
iii: a lesser amount of penalty is more likely to be appropriate in any case where the failure to file a return is promptly remedied.
3: The Agency may reassess the regional fuel tax payable by an RF taxpayer under an RFT scheme for any month but may not amend the assessment so as to increase the amount of tax payable after the expiration of 4 years from the end of the month in which the original assessment was made.
4: Despite subsection (3), in any case where, in the opinion of the Agency, a return for any month was fraudulent or wilfully misleading, the Agency may amend the assessment for that month at any time so as to increase the amount of tax payable.
5: The Agency must comply with any requirement by the Auditor-General to make an assessment or a reassessment for the purpose of this subpart. Section 65W inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65W(2)﻿(a) amended 1 April 2021 section 9 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65W(2)﻿(b) amended 1 April 2021 section 9 Land Transport (NZTA) Legislation Amendment Act 2020 Payment of tax Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65X: Payment of regional fuel tax
1: An RF taxpayer must pay to the Agency—
a: any amount of regional fuel tax that is shown as payable in the RF taxpayer’s return for a month not later than the end of the month in which the return was required to be sent to the Agency; and
b: any amount of regional fuel tax that is shown as payable by the RF taxpayer in an assessment by the Agency relating to a month within 20 days after the date of the assessment, taking into account any amount already paid by the RF taxpayer for that month.
2: If an amount required to be paid under subsection (1)﻿(a) is not paid on or before the date by which it is required to be paid, a late-payment penalty of 5% of the unpaid amount is payable by the RF taxpayer and must be paid together with the regional fuel tax.
3: If the amount of regional fuel tax that is assessed as payable by the Agency for a month exceeds the amount shown as payable on the RF taxpayer’s return for that month, an under-reporting penalty of the total of the following amounts is payable by the RF taxpayer and must be paid together with the regional fuel tax:
a: 5% of the amount by which assessment exceeds the amount shown as payable on the return; and
b: 2% of that excess for each month after the month in which the return was due, up to and including the month in which the assessment was made.
4: If an amount of regional fuel tax that is required to be paid under subsection (1)﻿(a) or (b) remains unpaid on the day that is 1 month after the date by which it is required to be paid, a late-payment penalty of 2% of the unpaid amount is payable by the RF taxpayer and must be paid together with the regional fuel tax, and the same applies for each following month until the regional fuel tax is fully paid.
5: Despite section 65W(2) Director if the Director considers
6: The Agency must repay or credit to an RF taxpayer any overpayment by the taxpayer of regional fuel tax.
7: The amount of any unpaid regional fuel tax, filing penalty, late-payment penalty, or under-reporting penalty and any associated enforcement costs are recoverable in any court of competent jurisdiction as a debt due to the Agency. Section 65X inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65X(5) amended 1 April 2021 section 10(a) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65X(5) amended 1 April 2021 section 10(b) Land Transport (NZTA) Legislation Amendment Act 2020 Dealing with proceeds of regional fuel tax Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65Y: Accounting for regional fuel tax
1: In respect of each RFT scheme that the Agency administers, the Agency must account for—
a: revenue collected, including from regional fuel tax, penalties, and interest; and
b: RFT rebates; and
c: funds held for future RFT rebates; and
d: administration and enforcement costs.
2: The annual report of the Agency must report on each RFT scheme that the Agency administers and include—
a: information on each of the items referred to in subsection (1) for that year:
b: a comparison of actual revenues with forecast revenues:
c: a comparison of actual administration costs with forecast administration costs.
3: The Agency must report to the responsible Minister, no less frequently than quarterly, information on—
a: changes in the volume of fuel supplied inside and outside the RFT region:
b: fuel prices inside and outside the RFT region:
c: non-compliance with the RFT scheme:
d: avoidance of regional fuel tax.
4: The Agency must make its reports under subsection (3) available on its Internet site. Section 65Y inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65Z: Disbursement of proceeds
Monthly payments
1: Within 10 days after the end of each month during which an RFT scheme is in force, the Agency must pay to the appropriate regional council the greater of $0.00 and an amount calculated in accordance with the following formula: NegResultCF + Revenue − Rebates − Costs where— NegResultCF is any negative result from a calculation under this formula for the previous month (carried forward) Revenue is the revenue received in the month from regional fuel tax, penalties, and interest in relation to that scheme Rebates is the amount paid in RFT rebates in the month in relation to that scheme Costs is the amount of the Agency’s actual net costs and expenses in the month, up to any limit set by the Minister of Finance and the responsible Minister after having consulted the Agency and the appropriate regional council, arising out of the performance of the Agency’s functions and duties and the exercise of its powers under this subpart in relation to that scheme. Rebate reserve
2: In any 1 month, the Agency may deduct from the payment amount under subsection (1) a rebate reserve, up to any limit set by the Minister of Finance and the responsible Minister, for the purpose of funding the payment of rebates in the course of the RFT scheme.
3: The amount of the rebate reserve taken under subsection (2) may be increased or decreased in any later month, up to any limit set by the Minister of Finance and the responsible Minister, as may be required to provide sufficient funds for the payment of the rebates reasonably expected to be required to be paid out of the rebate reserve. The amount payable under subsection (1) for a month must be adjusted appropriately to reflect any increase or decrease in that month in the rebate reserve. Final accounting and payment
4: As soon as practicable after 2 years have elapsed after the end date of an RFT scheme, the Agency must account to the regional council for the rebate reserve and any rebates paid in relation to the scheme after its end date and pay any remaining balance of the rebate reserve to the council. If more has been paid in rebates than the amount of the rebate reserve, the regional council must pay the excess to the Agency. Section 65Z inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZA: Regional fuel tax reserve fund
1: A regional council of an RFT region must, for each RFT scheme in its region,—
a: operate a regional fuel tax reserve fund; and
b: deposit into or credit to that reserve fund all funds received by the council under section 65Z
c: ensure that all payments from that reserve fund are—
i: made in support of the programme of capital projects of the RFT scheme in force for the region; and
ii: accounted for in any manner required by the Agency.
2: A regional council may—
a: carry forward to any later financial year any amount of the credit balance in its regional fuel tax reserve fund at the close of any financial year; and
b: use that money at any time for payments in accordance with this section. Section 65ZA inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Rebates Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZB: Rebate related to regional fuel tax
1: This section applies with respect to—
a: an RF taxpayer who has paid regional fuel tax on fuel under an RFT scheme; or
b: a person to whom fuel has been supplied in an RFT region in the period beginning on the start date of the RFT scheme that applies in that RFT region and ending on the end date of that RFT scheme.
2: A person to whom this section applies is entitled to a rebate related to any fuel if—
a: the person makes an application in accordance with section 65ZC
b: either—
i: the fuel has been used or will be used for an exempt use and no exemption in relation to that fuel has been, or will be, claimed under section 65P(2)﻿(b)
ii: the person otherwise qualifies for a rebate in relation to that fuel under regulations made under section 65ZK
3: An RFT rebate,—
a: for a person described in subsection (1)﻿(a), must be calculated in accordance with the rate of regional fuel tax paid by the person; and
b: for a person described in subsection (1)﻿(b), must be calculated in accordance with the rate of regional fuel tax in effect in the relevant RFT region on the date the fuel was supplied to the person. Section 65ZB inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZC: Process relating to RFT rebates
1: An application for an RFT rebate must—
a: be made in the form and manner required by the Agency; and
b: be made in respect of a single RFT scheme; and
c: be made in accordance with any rebate application requirements of the Agency; and
d: be supported by any documentary evidence and any other information—
i: that is prescribed in regulations made under this Act; or
ii: that the Agency reasonably requires; and
e: claim a rebate at least equal to the minimum rebate.
2: In this section,— minimum rebate
a: $20 or any lesser amount established by the Agency; and
b: an amount prescribed by regulations rebate application requirements
a: minimum or maximum periods for which applications for rebates may be made; or
b: the end dates of periods for which applications for rebates may be made.
3: The Agency must—
a: reduce the amount of an RFT rebate by 10% of the amount otherwise payable if the application for it is made more than 3 months after the last day of the period in respect of which the rebate is sought; or
b: refuse an application for an RFT rebate if—
i: the application for it is made more than 2 years after the last day of the period in respect of which the rebate is sought; or
ii: the amount of the rebate to which the applicant would be entitled is less than the minimum rebate.
4: Despite subsections (1)﻿(e) and (3), the Agency may, at any time, if it considers that it is just to do so,—
a: in the circumstances described in subsection (3)﻿(a), reduce the amount of an RFT rebate by a lesser amount or waive a reduction altogether; or
b: in the circumstances described in subsection (3)﻿(b), approve an application for an RFT rebate.
5: If a person’s application for an RFT rebate is approved by the Agency, it must pay or credit to the person the amount of the approved RFT rebate. Section 65ZC inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Internal review Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZD: Internal review
1: A person who is affected by any of the following decisions by the Agency may apply to the Agency for an internal review of the decision:
a: an assessment of regional fuel tax:
b: any decision that leaves the person liable to a filing penalty, a late payment penalty, or an under-reporting penalty:
c: a refusal, or approval for a lesser amount than was applied for, of an application for an RFT rebate:
d: a decision on a request to become a registered RF taxpayer:
e: a decision on a request to be registered as an exempt user of fuel:
f: a decision on a request to register a location as one where any fuel supplied will be used exclusively for an exempt use:
g: a decision of a type that is prescribed by regulations to be a reviewable decision.
2: The application for internal review must be made within 40 working days after the date on which notice of the reviewable decision was given.
3: An internal review of the reviewable decision must be conducted in accordance with a process established from time to time by the Agency for that purpose, and must—
a: confirm or vary the reviewable decision; or
b: set aside the reviewable decision and substitute any other decision that the reviewer considers appropriate.
4: The internal review process of the Agency must require—
a: that the internal review of a reviewable decision be conducted by a person who did not participate in the making of that decision; and
b: that the internal review be conducted within a reasonable time; and
c: that the applicant be notified of the decision on the internal review within 5 working days of it being made; and
d: that reasons for the decision be provided to the applicant, together with notice of the decision.
5: If an internal review is conducted, the decision made on the internal review is to be treated as the Agency’s decision for the purposes of any appeal. Section 65ZD inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Appeals Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZE: Appeals
1: A person who is affected by a decision of the Agency that is reviewable under section 65ZD(1)
2: On the hearing of the appeal, the District Court may confirm, vary, or set aside the decision or substitute for it any other decision that the Court considers appropriate. Section 65ZE inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Administration and enforcement Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZF: Agency, Director,
1: The Agency or the Director may require any person or regional council to provide to the Agency or the Director (as the case may be) information that the Agency or Director reasonably believes is relevant to the administration or enforcement of an RFT scheme.
2: For the purposes of this subpart, the Auditor-General has the same powers in respect of the records relevant to the administration of an RFT scheme, including the determination of regional fuel tax payable under the scheme, as the Auditor-General has under Part 4 Section 65ZF inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65ZF heading amended 1 April 2021 section 11(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZF(1) replaced 1 April 2021 section 11(2) Land Transport (NZTA) Legislation Amendment Act 2020
65ZG: Inspection of records or other information
1: For the purpose of issuing an assessment under section 65W or the Director
2: The Agency or the Director
a: take extracts from the records or other information:
b: make copies of the records or other information at the place of inspection:
c: remove the records or other information if the Agency or the Director
3: If the Agency or the Director or the Director
a: issue a receipt for the records or other information to the person from whom the records or other information was taken; and
b: return the records or other information as soon as practicable; and
c: for as long as the records or other information is held by the Agency or the Director Section 65ZG inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65ZG(1) amended 1 April 2021 section 12(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZG(2) amended 1 April 2021 section 12(2) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZG(2)﻿(c) amended 1 April 2021 section 12(3) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZG(3) amended 1 April 2021 section 12(4) Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZG(3)﻿(c) amended 1 April 2021 section 12(4) Land Transport (NZTA) Legislation Amendment Act 2020
65ZH: Power to issue search warrant in respect of alleged offence
1: An issuing officer (within the meaning of section 3(1) subpart 3
a: to suspect that an offence under section 65ZI
b: to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.
2: The provisions of Part 4 Section 65ZH inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Offences Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZI: Offences and penalties
1: A person commits an offence if the person knowingly or recklessly—
a: refuses or fails to file a monthly return in accordance with section 65V
b: refuses or fails to provide information relevant to the administration or enforcement of regional fuel tax that has been reasonably requested by the Agency or the Director
c: in relation to the administration or enforcement of an RFT scheme, provides to the Agency or the Director
d: produces false records or information under section 65ZG
e: refuses or fails to pay any regional fuel tax in accordance with section 65X
f: evades the payment of any regional fuel tax payable by the person under this subpart; or
g: refuses or fails to keep accounts or records required to be kept by any person for any purpose under this subpart; or
h: makes a false or misleading statement in an application under section 65ZC
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a person or an organisation other than an individual, to a fine not exceeding $75,000.
3: Despite section 25 Section 65ZI inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65ZI(1)﻿(b) amended 1 April 2021 section 13 Land Transport (NZTA) Legislation Amendment Act 2020 Section 65ZI(1)﻿(c) amended 1 April 2021 section 13 Land Transport (NZTA) Legislation Amendment Act 2020 Change to maximum rate of regional fuel tax Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZJ: Change to maximum rate of regional fuel tax
1: The Governor-General may from time to time, by Order in Council, amend section 65C(3)
2: An order made under subsection (1) that reduces the maximum rate of regional fuel tax does not have the effect of reducing any rate of regional fuel tax that has already been provided for in an order made under section 65K
3: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65ZJ inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65ZJ(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 65ZJ(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Regulations Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZK: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing information or any other thing that must be included in a proposal to establish, replace, or vary an RFT scheme:
b: prescribing uses of fuel (other than use in a vehicle on a public road) that are exempt from regional fuel tax:
c: prescribing matters in relation to registrations as a registered RF taxpayer under section 65Q section 65R
i: prescribing details of the registries to be maintained by the Agency:
ii: prescribing information to be provided together with, or in support of, applications for registration:
iii: prescribing evidence that may be considered by the Agency in connection with applications for registration:
iv: prescribing criteria that must be satisfied for registrations or factors to be considered by the Agency in making decisions related to registrations:
v: prescribing conditions to which registrations may be made subject by the Agency, including conditions requiring periodic reporting to the Agency by the registered persons:
vi: prescribing processes, procedures, or conditions relating to amendments to registrations, cancellations of registrations, or suspensions of registrations:
vii: imposing duties on registered persons to inform the Agency of any change in the information provided in or with an application for registration, or in relation to a registration, or to inform the Agency of any new information relevant to a registration:
d: prescribing circumstances in which persons are entitled to an RFT rebate, including—
i: when an RF taxpayer has paid regional fuel tax in relation to a supply of fuel but has not been paid for that fuel:
ii: when the regional fuel tax paid by an RF taxpayer in relation to a supply of fuel resulted in a double payment of regional fuel tax with respect to that fuel:
iii: any other circumstance where it would be unjust or contrary to the policy of this subpart for regional fuel tax to be collected or kept:
e: prescribing any information or other matter that must be provided to the Agency in support of an application for an RFT rebate:
f: prescribing accounts or records to be kept by any person for any purpose under this subpart:
g: prescribing an amount for the purposes of section 65ZC(2)﻿(b)
h: prescribing types of decisions as reviewable decisions for the purposes of section 65ZD(1)﻿(g)
i: providing for any other matter contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.
2: The responsible Minister must consider whether to recommend the making of regulations under subsection (1)﻿(b) and, when doing so, must have regard to the principle that regional fuel tax is intended to be borne only by those who use fuel on public roads.
3: If the responsible Minister recommends the making of regulations under subsection (1)﻿(b), the Minister’s reasons for making the recommendation (including why the regulations are appropriate) must be set out in the explanatory note of the regulations.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 65ZK inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018 Section 65ZK(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 No limitation Heading inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
65ZL: No limitation on claims by Agency to recover regional fuel tax
A claim by the Agency to recover regional fuel tax, any penalty related to regional fuel tax, or any interest on any regional fuel tax or penalty, or in respect of any forfeiture proceedings, is not barred or otherwise affected by—
a: the Limitation Act 2010
b: any other enactment that prescribes a limitation period or other limitation defence. Section 65ZL inserted 27 June 2018 section 5 Land Transport Management (Regional Fuel Tax) Amendment Act 2018
3: Regional fuel tax
Subpart 3 repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Preliminary provisions Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65A: Overview of subpart
Section 65A repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65B: Purposes of subpart
Section 65B repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65C: Interpretation
Section 65C repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65D: Application of subpart
Section 65D repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Regional fuel tax schemes Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65E: Preparation of proposed regional fuel tax scheme
Section 65E repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65F: Capital projects
Section 65F repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65G: General information about proposed regional fuel tax scheme
Section 65G repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65H: Persons that must be consulted
Section 65H repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65I: Consultation principles and procedures
Section 65I repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65J: Proposed regional fuel tax scheme to be lodged with relevant regional council
Section 65J repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65K: Relevant regional council’s decision concerning proposed regional fuel tax scheme
Section 65K repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65L: Functions of Agency under this subpart
Section 65L repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65M: Additional capital projects may be included in proposed regional fuel tax scheme for Auckland
Section 65M repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65N: Decisions of Ministers concerning proposed regional fuel tax scheme
Section 65N repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65O: Order in Council establishing regional fuel tax scheme
Section 65O repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65P: Procedure for recommending making of Order in Council under section 65O(1)
Section 65P repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Review of regional fuel tax scheme Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65Q: Review of regional fuel tax scheme
Section 65Q repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65R: Variation of allocation of regional fuel tax revenue between capital projects
Section 65R repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65S: Replacement of regional fuel tax scheme
Section 65S repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Collection of regional fuel tax Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65T: When power to collect regional fuel tax is exercisable
Section 65T repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65U: Persons who must pay regional fuel tax
Section 65U repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65V: Returns
Section 65V repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65W: Confirmation of tax
Section 65W repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65X: Assessment presumed to be correct
Section 65X repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65Y: Appeal against assessment
Section 65Y repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Distribution of proceeds of regional fuel tax Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65Z: Accounting for regional fuel tax
Section 65Z repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65ZA: Regional fuel tax disbursement account
Section 65ZA repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Refunds Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65ZB: Refund of regional fuel tax
Section 65ZB repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65ZC: Procedure for obtaining refund
Section 65ZC repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013 Miscellaneous Heading repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65ZD: Offences and penalties
Section 65ZD repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
65ZE: Regulations
Section 65ZE repealed 13 June 2013 section 54 Land Transport Management Amendment Act 2013
3: Land transport strategic documents
Part 3 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 GPS on land transport Heading replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
66: Minister must issue GPS on land transport
1: The Minister must issue a GPS on land transport—
a: before the start of the first financial year to which it applies; and
b: that covers a period of 6 financial years.
2: The Minister must issue a replacement GPS on land transport under subsection (1) before the current GPS on land transport expires.
3: If a GPS on land transport that is issued under subsection (1) is replaced, the GPS on land transport that is replaced expires on the date that it is replaced. Section 66 replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
67: Preparation or review of GPS on land transport
1: When preparing or reviewing a GPS on land transport, the Minister must—
a: be satisfied that the GPS on land transport contributes to the purpose of this Act; and
b: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant national policy statement that is in force under the Resource Management Act 1991
c: have regard to the views of Local Government New Zealand and representative groups of land transport users and providers.
2: For the purposes of subsection (1), the Minister must, at least once in every period of 3 financial years, review the Crown's land transport investment strategy required under section 68(1)﻿(b)
3: To avoid doubt, nothing in subsection (2) limits section 90(1)
4: Before issuing a GPS on land transport, the Minister must consult the Agency about the proposed GPS on land transport. Section 67 replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
68: Content of GPS on land transport
1: The GPS on land transport must include—
a: the results that the Crown wishes to achieve from the allocation of funding from the national land transport fund over a period of at least 10 consecutive financial years; and
b: the Crown's land transport investment strategy; and
c: the Crown's policy on borrowing for the purpose of managing the national land transport programme.
2: The Crown's land transport investment strategy—
a: must link the amount of revenue raised from road users with the planned levels of expenditure from the national land transport fund; and
b: must, for the first 6 financial years of the GPS on land transport and any subsequent years that the Minister considers relevant, address the following matters:
i: the short-term to medium-term results that the Crown wishes to achieve through the allocation of funding from the national land transport fund:
ii: the activity classes to be funded from the national land transport fund:
iii: likely revenue, including changes to the duties, fees, and charges paid into the national land transport fund:
iv: the identification of an expenditure target for the national land transport programme for each year:
v: a maximum and a minimum level of expenditure for the national land transport programme for each year (subject to the ability to carry forward funds from the closing balance of the national land transport fund for a financial year to a future financial year):
vi: an allowable variation between expenses and capital expenditure incurred under the national land transport programme and the inflows received by the national land transport fund:
vii: funding ranges for each activity class:
viii: the allowable reasons for varying the expenditure target identified under subparagraph (iv) when making funding allocation decisions:
ix: a statement of the Minister's expectations of how the Agency gives effect to the GPS on land transport; and
c: must specify the forecast funding ranges for each activity class for the period of 4 financial years following the first 6 financial years of the GPS on land transport; and
d: must state the overall investment likely to be made in the land transport sector over a period of 10 financial years and the likely or proposed funding sources.
3: The GPS on land transport—
a: may set out national land transport objectives, policies, and measures for a period of at least 10 financial years beginning on the date that the GPS on land transport is issued; and
b: must, subject to the Public Finance Act 1989 Section 68 replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
69: Status of GPS on land transport
To avoid doubt, a GPS on land transport is not a direction for the purposes of Part 3 2013-08-05 Land Transport Management Act 2003 Section 55(3) of the Land Transport Management Amendment Act 2013 (which replaces s69(b) & (c)) takes effect on the date that the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989 are repealed (5 August 2013 by SR 2013/242). (SHR) Section 69 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
70: Agency to give effect to GPS on land transport in respect of funding of land transport system
1: The Agency must give effect to the GPS on land transport when performing its functions under subpart 1
2: To avoid doubt, the GPS on land transport may not impose an obligation on the Agency to approve or decline funding for a particular activity or any combination of activities under section 20 Section 70 replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
71: Availability of GPS on land transport
As soon as practicable after issuing a GPS on land transport, the Minister must—
a: present a copy of the GPS on land transport to the House of Representatives; and
b: arrange for a copy of the GPS on land transport to be given to each of the following:
i: the Secretary:
ii: the Agency:
iii: the Commissioner:
iv: every approved organisation:
v: the Auckland Council; and
c: make a copy of the GPS on land transport publicly available in accordance with section 108 Section 71 replaced 13 June 2013 section 55(1) Land Transport Management Amendment Act 2013
72: Effect of national land transport strategy
Section 72 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013 Regional land transport strategies Heading repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
73: Overview of regional land transport strategy
Section 73 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
74: Responsibility for preparing and approving regional land transport strategies
Section 74 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013 Transit Heading repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
75: Core requirements for regional land transport strategies
Section 75 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
76: Other matters that must be taken into account
Section 76 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
77: Contents of regional land transport strategies
Section 77 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
78: Consultation requirements
Section 78 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
79: Process for approving regional land transport strategies
Section 79 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
80: Availability of regional land transport strategy
Section 80 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
81: Variation of regional land transport strategy
Section 81 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
82: Effect of regional land transport strategies
Section 82 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
83: Progress reports on regional land transport strategy
Section 83 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013 GPS Heading repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
84: Overview of GPS
Section 84 repealed 13 June 2013 Land Transport Management Amendment Act 2013
85: Status of GPS
Section 85 repealed 13 June 2013 Land Transport Management Amendment Act 2013
86: Minister must issue GPS before national land transport programme
Section 86 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
87: Preparation of GPS
Section 87 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013 Miscellaneous provisions Heading repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
88: Content of GPS
Section 88 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013
89: Agency to give effect to GPS in respect of funding of land transport system
Section 89 repealed 13 June 2013 section 56 Land Transport Management Amendment Act 2013 Amendments and repeals Heading repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
90: Amending GPS on land transport
1: The Minister may amend the GPS on land transport at any time.
2: The provisions of this Act regarding the preparation and availability of a GPS on land transport—
a: apply with the necessary modifications to an amendment to the GPS on land transport; but
b: do not apply if the amendment to the GPS on land transport is not significant. Section 90 replaced 13 June 2013 section 57 Land Transport Management Amendment Act 2013
91: Availability of
amended GPS on land transport As soon as practicable after issuing an amended GPS on land transport
a: present a copy of the amended GPS on land transport
b: arrange for a copy of the amended GPS on land transport
i: the Secretary:
ii: the Agency:
iii: the Commissioner:
iv: every approved organisation:
v: the Auckland Council; and
c: make a copy of the amended GPS on land transport section 108 Section 91 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 91 heading amended 13 June 2013 section 58(1) Land Transport Management Amendment Act 2013 Section 91 amended 13 June 2013 section 58(2) Land Transport Management Amendment Act 2013 Section 91(a) amended 13 June 2013 section 58(3) Land Transport Management Amendment Act 2013 Section 91(b) amended 13 June 2013 section 58(3) Land Transport Management Amendment Act 2013 Section 91(b)﻿(iv) replaced 13 June 2013 section 58(4) Land Transport Management Amendment Act 2013 Section 91(b)﻿(v) inserted 13 June 2013 section 58(4) Land Transport Management Amendment Act 2013 Section 91(c) amended 13 June 2013 section 58(3) Land Transport Management Amendment Act 2013
4: New Zealand Transport Agency, regional transport committees, and miscellaneous provisions
Part 4 heading inserted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
1: New Zealand Transport Agency
Subpart 1 heading inserted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Savings provisions Heading repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
92: Overview
1: This subpart establishes the New Zealand Transport Agency and sets out the objective and functions of the Agency, its operating principles, and related provisions.
2:
3: This section is by way of explanation only, and if a provision of this or any other Act is inconsistent with this section, the other provision prevails. Section 92 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 92(2) repealed 1 September 2020 section 14 Land Transport (NZTA) Legislation Amendment Act 2020
93: Establishment of New Zealand Transport Agency
1: This section establishes the New Zealand Transport Agency.
2: The Agency is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 93 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
94: Objective of Agency
The objective of the Agency is to undertake its functions in a way that contributes to an effective, efficient, and safe land transport system in the public interest Section 94 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 94 amended 13 June 2013 section 60 Land Transport Management Amendment Act 2013
95: Functions of Agency
1: The functions of the Agency are as follows:
a: to contribute to an effective, efficient, and safe land transport system in the public interest: Regulatory functions
b: to contribute to establishing, implementing, operating, delivering, monitoring, and enforcing the regulation of the land transport system:
c: to publish its regulatory strategy in accordance with section 96A
d: to appoint and oversee the performance of the Director, including by ensuring that the Director performs efficiently and effectively:
e: to issue warnings, reports, and guidance, and to comment about any regulatory matter relating to the land transport system and its participants or any other persons engaged with it:
f: to manage and oversee regulatory requirements for land transport, including maintaining and preserving records and documents concerning activities within the land transport system and providing and maintaining registers:
g: to investigate and review accidents and incidents involving transport on land in its capacity as the responsible safety authority (subject to any limitations set out in the Transport Accident Investigation Commission Act 1990 Infrastructure, planning, and investment management functions
h: to manage the State highway system (including its planning, funding, design, supervision, construction, maintenance, and operation) in accordance with this Act and the Government Roading Powers Act 1989
i: to oversee the planning, operation, implementation, and delivery of public transport (including issuing guidelines for regional public transport plans):
j: to manage funding of the land transport system, including—
i: administering land transport revenue; and
ii: auditing the performance of approved organisations in relation to activities approved by the Agency; and
iii: auditing the operation of the land transport disbursement accounts of those organisations:
k: to assist, advise, and co-operate with approved organisations:
l: to assist, advise, and co-operate with KiwiRail in relation to KiwiRail’s role in preparing each rail network investment programme:
m: to monitor and report to the Minister on the matters set out in section 102A General functions
ma: to administer the clean vehicle discount scheme funded under section 9(1E) and (1F) section 167(1)﻿(j) section 167A section 103
n: to deliver, or manage the delivery of, activities relating to research, education, and training in relation to the land transport system:
o: to deliver, or manage the delivery of, activities for ticketing systems and payments in relation to the land transport system (and for this purpose, the statutory exemption in section 43
p: to issue reports and guidance and to comment about any matter relating to the land transport system and its participants or any other persons engaged with it:
q: to advise, assist, or co-operate with any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Agency are satisfied that the performance of the Agency’s functions and duties will not be compromised:
r: to advise, assist, or co-operate with other specified agencies and overseas agencies (including under section 109B
s: to provide the Minister with any advice relating to the Agency’s functions that the Minister requests:
t: to carry out any other functions relating to land transport that the Minister directs in accordance with section 112
u: to carry out the Agency’s functions, powers, and duties under other provisions of this Act or any other Act. Statutorily independent functions
2: The Agency’s statutorily independent functions are to—
a: determine whether particular activities should be included in a national land transport programme:
b: approve activities or combinations of activities under section 20
c: approve procurement procedures under section 25
3: When performing a statutorily independent function,—
a: the Agency must act independently; and
b: the Minister may not give directions to the Agency in relation to performing that function.
4: For the purposes of subsection (1)﻿(r) overseas agency specified agency section 109B Section 95 replaced 1 April 2021 section 15 Land Transport (NZTA) Legislation Amendment Act 2020 Section 95(1)﻿(ma) inserted 23 February 2022 section 21 Land Transport (Clean Vehicles) Amendment Act 2022
96: Operating principles
1: In meeting its objective and undertaking its functions, the Agency must—
a: exhibit a sense of social and environmental responsibility; and
b: use its revenue in a manner that seeks value for money, and,—
i: if the revenue is part of the national land transport fund, in accordance with section 10(3)
ii: in all other cases, for the purpose for which it is collected; and
c: ensure that its revenue and expenditure are accounted for in a transparent manner; and
d: ensure that—
i: it acts in a transparent manner in its decision making under this Act; and
ii: it gives, when making decisions in respect of land transport planning and funding under subpart 1
2: The Agency must have systems and procedures to enable it to give effect to the principle set out in subsection (1)﻿(d)﻿(ii), and must—
a: make information about those systems and procedures available on its Internet site; and
b: include in its annual report under section 150
3: The Auditor-General must, when carrying out the annual audit of the Agency under section 15 Section 96 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 96(1)﻿(a) replaced 13 June 2013 section 62 Land Transport Management Amendment Act 2013
96A: Agency must adopt and publish regulatory strategy
1: The Agency must adopt a regulatory strategy that sets out how the Agency and the Director will perform their regulatory functions—
a: under the land transport Acts; and
b: under any other Acts that confer significant regulatory functions upon the Agency or the Director.
2: The strategy must include the following matters:
a: key areas of focus, including the key risks being targeted within those areas; and
b: the regulatory approach to be adopted, including in relation to monitoring, enforcement, and compliance; and
c: how performance will be assessed; and
d: methods for managing any potential conflict between the Agency’s regulatory functions and its other functions, powers, and duties; and
e: a summary of how the strategy will be updated and reviewed.
3: The Agency must make a copy of the strategy publicly available in accordance with section 108 Section 96A inserted 1 April 2021 section 16 Land Transport (NZTA) Legislation Amendment Act 2020
96B: Interests of persons in relation to committees that Agency required to establish under rules
1: In this section, committee section 159A
2: A person must not be appointed as a member of a committee unless, before appointment, they disclose, to the relevant person referred to in section 159A(2)﻿(c)
3: Whether a person has an interest must be determined under section 62
a: as if the committee were a statutory entity; and
b: with any necessary modifications. Section 96B inserted 1 April 2021 section 16 Land Transport (NZTA) Legislation Amendment Act 2020
96C: Delegation restrictions and other matters relating to committees that Agency required to establish under rules
The following matters apply to a committee that the Agency is required to establish by an ordinary rule to which section 159A
a: the Agency may delegate any of its functions or powers (except its general power of delegation), either generally or specifically, to the committee, but only if—
i: the function or power relates to the purpose for which the committee was established; and
ii: the delegation is within the scope specified in the rule of matters that can be delegated:
b: the members of the committee may regulate their own procedure except as otherwise provided in the rule:
c: the Crown Entities Act 2004
i: sections 74 to 76
ii: clause 14 of Schedule 5
iii: clause 15 of Schedule 5 Section 96C inserted 1 April 2021 section 16 Land Transport (NZTA) Legislation Amendment Act 2020
97: Agency must consider delegating or contracting out functions and powers
In the course of performing its functions and exercising its powers, the Agency must consider whether it could most efficiently and effectively perform those functions and exercise those powers by means of its own operations, or by delegating or contracting out those operations to appropriate persons. Section 97 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
98: Agency’s board
1: The Agency’s board must have at least 7, but no more than 9 section 28(1)﻿(a)
2: The responsible Minister must not appoint a board member unless he or she has consulted with the persons, representative groups within the land transport sector or elsewhere, government departments, and Crown entities that he or she considers appropriate.
3: The Agency’s board must not delegate any functions or powers delegated to the board by the Minister without the written consent of the Minister. Section 98 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 98(1) amended 1 April 2021 section 57(7) Regulatory Systems (Transport) Amendment Act 2021
99: Use of certain words
1: No person other than the Agency may, either alone or with another person, be incorporated or registered under another enactment, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words New Zealand Transport Agency; or
b: under a name that so resembles the words New Zealand Transport Agency as to be likely to mislead.
2: On or from the commencement of this Act until 31 December 2011, no person other than the Agency may, either alone or with another person, be incorporated or registered under another enactment, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Land Transport New Zealand or the words Transit New Zealand; or
b: under a name that so resembles the words Land Transport New Zealand or the words Transit New Zealand as to be likely to mislead.
3: Nothing in subsection (1) or (2) applies to the Agency or to any person who is appropriately authorised by the Agency. Section 99 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
100: Statement of intent
1: The Agency must, if so required by the Minister, include 1 or more of the following matters in its statement of intent under section 139
a: the basis on which the Agency will prepare the national land transport programme and how that programme will give effect to the GPS on land transport
b: any requirement to review or revise the national land transport programme and the basis on which that review or revision is to be carried out:
c: the basis on which the Agency will approve procurement procedures under section 25
d: any directions under section 95(1)﻿(t) Part 3
e: a statement as to how the Agency will implement the principles, systems, and procedures in section 96
f: any steps that the Agency intends to take, having considered ways in which it might foster the development of Māori capacity to contribute to the Agency’s land transport decision-making processes, over the period covered by the statement of intent:
g: any other matters that the Agency and the Minister agree or the Minister requires.
2: The Minister may direct the Agency to amend any provision that is included in its statement of intent under this section, and section 147 Section 100 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 100(1)﻿(a) amended 13 June 2013 section 63 Land Transport Management Amendment Act 2013 Section 100(1)﻿(d) amended 1 April 2021 section 17 Land Transport (NZTA) Legislation Amendment Act 2020
101: Secretary
may
1: The Secretary, for the purpose of evaluating the performance of the land transport funding and planning system, may
a: samples of activities or combinations of activities approved under section 20
b: the Agency’s evaluation procedures under sections 18J 19A 19B 20
c: the Agency’s process for determining and applying design standards to roads; and
d: the Agency’s application of procurement procedures under sections 25 26
2: The Secretary may, in writing, request the Agency to provide any information that is reasonably required and relevant to enable the Secretary to carry out the monitoring specified in subsection (1).
3: The Agency must provide the Secretary with the information that the Secretary requests under subsection (2).
4: Despite subsection (3), the Agency may refuse a request for information from the Secretary if—
a: the withholding of the information is not contrary to the Official Information Act 1982
b: the withholding of the information is necessary to protect the privacy of a person (whether or not a natural person or a deceased person).
5: To avoid doubt, this section does not—
a: limit sections 132 to 134
b: affect the responsible Minister's functions, duties, or powers under the Crown Entities Act 2004 Section 101 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 101 heading amended 13 June 2013 section 64(1) Land Transport Management Amendment Act 2013 Section 101(1) amended 13 June 2013 section 64(2) Land Transport Management Amendment Act 2013
101A: Monitoring matters relating to clean vehicle discount scheme
1: The Secretary, for the purpose of evaluating the performance of the clean vehicle discount scheme, may monitor and review—
a: the revenue used by the Agency for the purposes of administering the scheme; and
b: the number and nature of rebates provided in relation to the carbon dioxide emissions of vehicles; and
c: the expenses and capital expenditure for the purpose of administering the scheme; and
d: any funding provided to the Agency by the Crown for the purposes of the scheme and repayment of that funding.
2: The Secretary may, in writing, request the Agency to provide any information that is reasonably required and relevant to enable the Secretary to carry out the monitoring specified in subsection (1).
3: The Agency must provide the Secretary with the information that the Secretary requests under subsection (2).
4: Section 101(4) and (5) Section 101A inserted 23 February 2022 section 22 Land Transport (Clean Vehicles) Amendment Act 2022
102: Monitoring and reporting on delivery of approved Police activities or combinations of Police activities
1: The Agency section 18L
2: With respect to the matters approved under section 18L
a: the responsible Minister:
b: the Minister of Police:
c: the Secretary:
d: the Agency.
3: The Agency must provide the Minister section 18L
4:
5:
6: An agreement entered into by the responsible Minister and the Minister of Police under subsection (2) must be published or made available to the public in the manner that those Ministers jointly consider appropriate. Section 102 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 102(1) amended 13 June 2013 section 65(1) Land Transport Management Amendment Act 2013 Section 102(3) amended 13 June 2013 section 65(2) Land Transport Management Amendment Act 2013 Section 102(4) repealed 13 June 2013 section 65(3) Land Transport Management Amendment Act 2013 Section 102(5) repealed 13 June 2013 section 65(3) Land Transport Management Amendment Act 2013
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. Section 102A inserted 1 July 2020 section 13 Land Transport (Rail) Legislation Act 2020
103: Agency
1: The Agency, with the consent of the Secretary,—
a: may, by notice in the Gazette
b: must, by the same or a subsequent notice, define the route of the State highway by town, road name, or route position.
2: A road declared to be a State highway may include land that was not previously constituted as part of the road.
3: In determining the route of a State highway, the Agency
a: is not constrained to accept the route of an existing road; and
b: may, if the Agency
4: The Agency
5: A revocation of a State highway constitutes the road as a local road for the purposes of this or any other Act.
6: A declaration, variation, or revocation that affects or is likely to affect Māori land, land registered in the name of Pootatau Te Wherowhero under section 19
a: has consulted,—
i: in the case of land registered in the name of Pootatau Te Wherowhero or interests relating to that land, the land holding trustee (as defined in section 7
ii: if any other Māori claims settlement Act requires consultation about the declaration, variation, or revocation, in accordance with that Act:
iii: in any other case, every iwi or hapū that in the opinion of the Agency will or may be affected by the declaration, variation, or revocation; and
b: is satisfied that the declaration, variation, or revocation should be made.
7: Subsection (6) does not limit the ability of the Agency to take similar action in respect of any other population group.
8: Before making a declaration under subsection (1) or varying or revoking a declaration under subsection (4), the Agency must consult any regional council or territorial authority that may be affected by the proposed declaration, variation, or revocation and,—
a: if the road concerned is within Auckland, the Agency must also consult Auckland Transport and the Auckland Council; and
b: if the road concerned is within a project area for a specified development project, the Agency must also consult Kāinga Ora–Homes and Communities.
9: A declaration, variation, or revocation made under this section comes into force on a date to be specified in the relevant Gazette
10: A road declared to be a State highway under section 11 of the National Roads Act 1953 or section 60 Section 103 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 103 heading amended 13 June 2013 section 66(1) Land Transport Management Amendment Act 2013 Section 103(1) replaced 13 June 2013 section 66(2) Land Transport Management Amendment Act 2013 Section 103(3) amended 13 June 2013 section 66(3) Land Transport Management Amendment Act 2013 Section 103(3)﻿(b) amended 13 June 2013 section 66(3) Land Transport Management Amendment Act 2013 Section 103(4) amended 13 June 2013 section 66(4) Land Transport Management Amendment Act 2013 Section 103(8) replaced 7 August 2020 section 300 Urban Development Act 2020
104: Government Superannuation Fund
1: Despite anything in this Act, a person who, immediately before becoming an employee of the Agency, was a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: A person employed by the Agency who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority Section 104 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Director of Land Transport Heading inserted 1 April 2021 section 18 Land Transport (NZTA) Legislation Amendment Act 2020
104A: Director of Land Transport
1: The Agency must appoint a Director of Land Transport.
2: The Director must not also hold the position of chief executive of the Agency.
3: The Agency must appoint the Director for a term of not more than 5 years, but may reappoint the Director.
4: The Agency’s board and the Director must agree the Director’s terms and conditions of employment.
5: To avoid doubt, when performing or exercising a function, duty, or power under this Act or any other Act, the Director—
a: does so as an employee of the Agency; but
b: must exercise independent judgement if that Act requires the Director to do so (for example, if there is any requirement to act independently of the Agency or any other person). Section 104A inserted 1 April 2021 section 18 Land Transport (NZTA) Legislation Amendment Act 2020
104B: Functions, powers, and duties of Director
1: The Director has—
a: the functions, powers, and duties conferred or imposed directly on the Director under this Act or any other Act; and
b: the functions and powers delegated to the Director by the Agency under this Act or any other Act.
2: Without limiting subsection (1), the Director’s functions and powers include—
a: providing leadership within the Agency in relation to any regulatory matters:
b: exercising control over entry into and exit from the land transport system through land transport documents:
c: monitoring, investigating, managing, and enforcing compliance in relation to matters under the land transport Acts:
d: monitoring adherence of the land transport system to regulatory requirements in other legislation relating to—
i: safety and security, including personal security; or
ii: access and mobility; or
iii: public health; or
iv: environmental sustainability:
e: monitoring and evaluating the performance of any person who carries out functions within the land transport system in a regulatory capacity:
f: ensuring regular reviews of the land transport regulatory system (including the funding system) to contribute to the achievement of the Agency’s objective:
g: issuing warnings, reports, or guidance, or commenting about,—
i: any matter relating to the regulation of land transport; or
ii: 1 or more holders of a land transport document; or
iii: 1 or more persons who engage in conduct in relation to land transport. Statutorily independent functions
3: The Director’s statutorily independent functions are to—
a: issue, endorse, alter, replace, renew, suspend, revoke, or impose conditions on any land transport document for which the Director is responsible; and
b: grant exemptions for which the Director is responsible; and
c: carry out any enforcement responsibilities conferred on the Director under this Act or any other Act.
4: When performing a statutorily independent function,—
a: the Director must act independently; and
b: the Minister, the Agency, or the Secretary may not give directions to the Director in relation to performing that function. Section 104B inserted 1 April 2021 section 18 Land Transport (NZTA) Legislation Amendment Act 2020
104C: Delegation of Director’s functions and powers
1: The Director may, either generally or particularly, delegate to any of the following persons any of the Director’s functions or powers conferred on the Director under any legislation:
a: a specified person:
b: persons of a specified class:
c: the holder or holders for the time being of a specified office:
d: the holder or holders for the time being of a specified class of offices.
2: Subsection (1) does not apply to—
a: the general power of delegation contained in this section; or
b: any functions or powers specified in any legislation as not being capable of delegation; or
c: any functions or powers specified in any legislation as only being capable of delegation to certain persons (for example, employees of the Agency) to the extent that the delegation exceeds the delegation’s capability.
3: A delegation must be in writing.
4: A delegation to any employee of the Agency, until revoked, continues in force according to its tenor even if the Director has ceased to hold office.
5: A delegation to any other person—
a: must not be made without the written consent of the Agency; and
b: must be given for a specified period; and
c: may be revoked at any time by written notice.
6: Any person purporting to act under a delegation must, when reasonably requested to do so, produce evidence of the person’s authority to so act.
7: For the purposes of this section, sections 74 to 76 Section 104C inserted 1 April 2021 section 18 Land Transport (NZTA) Legislation Amendment Act 2020
2: Regional transport committees
Subpart 2 heading inserted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
105: Regional transport committees
1: As soon as practicable after each triennial election, every regional council must establish a regional transport committee under this section for its region.
2: Each regional council must appoint to its regional transport committee—
a: 2 persons to represent the regional council; and
b: 1 person from each territorial authority in the region to represent that territorial authority; and
c: 1 person to represent the Agency; and
d:
e:
f:
g:
h:
i:
3: Each regional council that is a unitary authority, or a combination of unitary authorities (as the case may be), must appoint to its regional transport committee—
a: 4 persons to represent the unitary authority; and
b: 1 person to represent the Agency; and
c:
d:
e:
f:
g:
h:
4: A person specified in subsection (2)﻿(a) to (c) and (3)﻿(a) and (b) may only be appointed on the nomination of the relevant entity.
5:
6: Each regional council must appoint from its representatives the chair and deputy chair of the committee.
7: At any meeting of a regional transport committee, the chair, or any other person presiding at the meeting,—
a: has a deliberative vote; and
b: in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).
8:
9: Despite subsections (1) to (3), 2 or more adjoining regional councils or Auckland Transport and 1 or more adjoining regional councils may agree in writing to establish a joint regional transport committee and prepare a regional land transport plan, in which case subsections (4), (6), and (7) apply with all necessary modifications.
9A: Despite subsections (1) to (3), the parties to a joint regional transport committee established under subsection (9) must appoint to the committee—
a: 2 persons to represent each regional council that is a party to the agreement:
b: 1 person to represent each territorial authority in the region of each regional council that is a party to the agreement:
c: 1 person to represent the Agency:
d: 2 persons to represent Auckland Transport if Auckland Transport is a party to the agreement.
9B: The agreement to establish a joint regional transport committee must specify the procedure for appointing the chair and deputy chair of the committee.
9C: The chair and deputy chair of a joint regional transport committee established under subsection (9) must,—
a: in the case of a joint regional transport committee made up of adjoining regional councils, both be persons who represent a regional council:
b: in the case of a joint regional transport committee made up of Auckland Transport and adjoining regional councils, both be persons who represent Auckland Transport or a regional council.
10: If a regional transport committee is established under subsection (9), any reference in Part 2
10A: If Auckland Transport establishes a joint regional transport committee with 1 or more adjoining regional councils under subsection (9), any reference to a regional council in Part 2
10B: If a joint regional transport committee is established under subsection (9), references to a region in Part 2
11: If the area of a territorial authority
12: If subsection (11) applies, and a territorial authority fails to decide to join a regional transport committee, the Minister must direct the territorial authority to be represented by a particular regional transport committee.
13:
14:
15: Nothing in this section applies to the Auckland Council or Auckland.
16: This section is subject to the requirements for additional membership under section 105A Section 105 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 105(2)﻿(d) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(2)﻿(e) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(2)﻿(f) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(2)﻿(g) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(2)﻿(h) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(2)﻿(i) repealed 12 July 2013 section 67(1) Land Transport Management Amendment Act 2013 Section 105(3)﻿(a) replaced 12 July 2013 section 67(2) Land Transport Management Amendment Act 2013 Section 105(3)﻿(c) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(3)﻿(d) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(3)﻿(e) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(3)﻿(f) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(3)﻿(g) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(3)﻿(h) repealed 12 July 2013 section 67(3) Land Transport Management Amendment Act 2013 Section 105(5) repealed 12 July 2013 section 67(4) Land Transport Management Amendment Act 2013 Section 105(8) repealed 12 July 2013 section 67(4) Land Transport Management Amendment Act 2013 Section 105(9) replaced 12 July 2013 section 67(5) Land Transport Management Amendment Act 2013 Section 105(9A) inserted 12 July 2013 section 67(5) Land Transport Management Amendment Act 2013 Section 105(9B) inserted 12 July 2013 section 67(5) Land Transport Management Amendment Act 2013 Section 105(9C) inserted 12 July 2013 section 67(5) Land Transport Management Amendment Act 2013 Section 105(10A) inserted 12 July 2013 section 67(6) Land Transport Management Amendment Act 2013 Section 105(10B) inserted 12 July 2013 section 67(6) Land Transport Management Amendment Act 2013 Section 105(11) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 105(13) repealed 12 July 2013 section 67(7) Land Transport Management Amendment Act 2013 Section 105(14) repealed 1 July 2020 section 14(1) Land Transport (Rail) Legislation Act 2020 Section 105(15) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 105(16) inserted 1 July 2020 section 14(2) Land Transport (Rail) Legislation Act 2020
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) only if the Minister considers that the consequence of doing so will contribute to the purpose of this Act. Section 105A inserted 1 July 2020 section 15 Land Transport (Rail) Legislation Act 2020
106: Functions of regional transport committees
1: The functions of each regional transport committee (other than the regional transport committee for Auckland) are—
a: to prepare a regional land transport plan, or any variation to the plan, for the approval of the relevant regional council; and
b: to provide the regional council with any advice and assistance the regional council may request in relation to its transport responsibilities.
2: Each regional transport committee, including the regional transport committee for Auckland, must adopt a policy that determines significance in respect of—
a: variations made to regional land transport plans under section 18D
b: the activities that are included in the regional land transport plan under section 16
3: A joint regional transport committee established under section 105(9)
a: prepare the joint regional land transport plan in accordance with sections 14 16
b: consult in accordance with sections 18 18A
c: lodge the joint regional land transport plan with the relevant regional councils or Auckland Transport (as the case may be) in accordance with section 18B
4: Each regional transport committee (including the regional transport committee for Auckland) must also carry out any functions conferred on a regional transport committee under any other provision of this Act (including functions conferred by regulations made under section 109(c) Section 106 replaced 13 June 2013 section 68 Land Transport Management Amendment Act 2013 Section 106(4) inserted 1 September 2020 section 19 Land Transport (NZTA) Legislation Amendment Act 2020
107: Procedure of committee
1:
2: The provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987
3: The Agency is not, as a result of being represented on a regional transport committee, bound to—
a: include any matter in a national land transport programme under section 19C
b: approve an activity or a combination of activities under section 20
4: Despite section 43(2)﻿(b) Section 107 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 107(1) repealed 13 June 2013 section 69(1) Land Transport Management Amendment Act 2013 Section 107(4) inserted 13 June 2013 section 69(2) Land Transport Management Amendment Act 2013
3: Miscellaneous
Subpart 3 heading inserted 1 August 2008 section 43 Land Transport Management Amendment Act 2008
108: Public availability of documents
1: Subsection (2) applies if the Minister or the Agency is required under this Act to make a document publicly available.
2: If this subsection applies, the Minister or the Agency must give notice in—
a: the Gazette
b: 1 or more daily newspapers published in Whangarei, Auckland, Hamilton, Rotorua, Tauranga, Hawke's Bay, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, and Invercargill.
3: Subsection (4) applies if a regional council or Auckland Transport
4: If this subsection applies, the relevant regional council or Auckland Transport
5: A notice given under subsection (2) or (4) must state—
a: where the document may be inspected; and
b: where the document may be purchased.
6: A person who gives notice of a document under subsection (2) or (4) must make the document available—
a: for inspection, free of charge; and
b: for purchase at a reasonable price; and
c: on the relevant person's Internet site in a format that is—
i: readily accessible; and
ii: if practicable, capable of being utilised by the visually impaired. 1989 No 75 s 105 Section 108 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 108(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 108(4) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
109: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: requiring the Agency to—
i: disclose specified information to the Minister or the public:
ii: report in specified ways:
b: specifying—
i: how funding under section 9(1)
ii: the process by which that funding can be allocated:
c: specifying any functions of regional transport committees:
d: identifying 1 or more entities that are additional to those listed in the definition of specified agency in section 109B(7)
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 109 substituted 1 August 2008 section 43 Land Transport Management Amendment Act 2008 Section 109(1)﻿(c) inserted 1 September 2020 section 20 Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(1)﻿(d) inserted 1 September 2020 section 20 Land Transport (NZTA) Legislation Amendment Act 2020 Section 109(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
109A: Confidentiality of information and documents
1: This section applies if the Agency obtains information or gains access to a document when performing or exercising any function, power, or duty under this Act or any other land transport Act.
2: The Agency may publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies only if—
a: publishing or disclosing the information or document is for the purposes of, or in connection with, the Agency performing or exercising a function, power, or duty under this Act or any other Act; or
b: the information or document is available to the public under any enactment or is otherwise publicly available; or
c: the information is in a statistical or summary form; or
d: the person to whom the information or document relates, or to whom the information or document is confidential, consents; or
e: the Agency is required or authorised by law to do so (including by a court order); or
f: publishing or disclosing the information or document is—
i: in accordance with section 109B
ii: to a person who the Agency is satisfied has a proper interest in receiving the information or document.
3: The Agency must not publish or disclose, or direct a person to publish or disclose, any information or document to a person under subsection (2)﻿(f)﻿(ii) unless the Agency is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020
4: In relation to personal information, this section applies subject to the Privacy Act 2020
5: To avoid doubt, in this section and section 109B Agency
a: the Director or any other
b: the Agency acting in any capacity. Section 109A inserted 1 September 2020 section 21 Land Transport (NZTA) Legislation Amendment Act 2020 Section 109A(3) amended 1 April 2021 section 57(8) Regulatory Systems (Transport) Amendment Act 2021 Section 109A(4) amended 1 April 2021 section 57(8) Regulatory Systems (Transport) Amendment Act 2021 Section 109A(5)﻿(a) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
109B: Agency may share or use information or documents
1: The Agency may share information or a copy of any document under section 109A(2)﻿(f)﻿(i)
a: a specified agency, if the Agency is satisfied it may assist the specified agency to perform or exercise its functions, powers, or duties under any Act; or
b: an overseas agency, if the Agency is satisfied it may assist the overseas agency to perform or exercise its functions, powers, or duties.
2: The Agency may use any information, or a copy of any document, provided to it by a specified agency or an overseas agency, in performing or exercising the Agency’s functions, powers, or duties under this Act or any other Act.
3: When sharing information, or a copy of a document, under subsection (1), the Agency may impose conditions, including conditions relating to—
a: storing, using, accessing, or copying the information or document; and
b: returning or disposing of copies of the information or document.
4: Subsections (1) and (2) are subject to any other Act.
5: In relation to personal information, this section applies subject to the Privacy Act 2020
6: This section applies despite anything to the contrary in any contract, deed, or document.
7: In this section,— overseas agency specified agency
a: Auckland Transport:
b: the Civil Aviation Authority of New Zealand:
c: Fire and Emergency New Zealand:
d: a designated agency under section 191
e: a local authority:
f: Maritime New Zealand:
g: the Ministry of Business, Innovation, and Employment:
h: the Ministry of Justice:
i: the Ministry of Transport:
j: the New Zealand Police:
k: a road controlling authority:
l: the Transport Accident Investigation Commission:
m: Worksafe New Zealand:
n: any other entity identified in regulations made under section 109(d) Section 109B inserted 1 September 2020 section 21 Land Transport (NZTA) Legislation Amendment Act 2020 Section 109B(5) amended 1 April 2021 section 57(9) Regulatory Systems (Transport) Amendment Act 2021
110: Determinations under section 32(b) of Transit New Zealand Act 1989
Section 110 repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
111: Matters continued by this Part have effect until replaced or revoked under this Part
Section 111 repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
112: Transitional regulations
Section 112 expired 2 July 2005 section 113
113: Expiry of section 112
Section 113 repealed 1 August 2008 section 43 Land Transport Management Amendment Act 2008
5: Regulation of public transport
Part 5 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
114: Application of certain provisions of Local Government Act 2002 to Auckland Transport
For the purposes of this Act, sections 76 to 83A 87 89 Section 114 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
115: Principles
1: All persons exercising powers or performing functions under this Part in relation to public transport services must be guided by each of the following principles to the extent relevant to the particular power or function:
a: regional councils and public transport operators should work in partnership and collaborate with territorial authorities to deliver the regional public transport services and infrastructure necessary to meet the needs of passengers:
b: the provision of public transport services should be coordinated with the aim of achieving the levels of integration, reliability, frequency, and coverage necessary to encourage passenger growth:
c: competitors should have access to regional public transport markets to increase confidence that public transport services are priced efficiently:
d: incentives should exist to reduce reliance on public subsidies to cover the cost of providing public transport services:
e: the planning and procurement of public transport services should be transparent.
2: Without limiting subsection (1), the principles specified in subsection (1) must be taken into account by—
a: the Agency when—
i: approving procurement procedures under section 25(1)
ii: preparing guidelines to be issued under section 95(1)
iii: approving the approach to procurement under section 120(3)
b: the Environment Court when it considers an appeal against a regional public transport plan under section 140
c: the Minister when the Minister considers making a recommendation under section 150
3: In this section, territorial authority 2004 No 92 s 4 Section 115 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 115(3) inserted 7 August 2020 section 300 Urban Development Act 2020
116: Public transport services must be provided under contract
1: Any public transport service operated in a region must be provided under contract with a regional council as part of a unit unless it is an exempt service.
2: A regional council must contract for the provision of every unit on an exclusive basis. Section 116 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
1: Regional public transport plan
Subpart 1 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
117: Purpose of regional public transport plans
The purpose of a regional public transport plan is to provide—
a: a means for encouraging regional councils and public transport operators to work together in developing public transport services and infrastructure; and
b: an instrument for engaging with the public in the region on the design and operation of the public transport network; and
c: a statement of—
i: the public transport services that are integral to the public transport network; and
ii: the policies and procedures that apply to those services; and
iii: the information and infrastructure that support those services. Section 117 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
118: Validity of regional public transport plans not affected by certain events
A regional public transport plan is not invalid merely because the regional council—
a: has failed to complete the review of the regional public transport plan within the time required by section 126(1)﻿(b)
b: has included any matter that is not within the scope of the regional land transport plan so long as the regional public transport plan is otherwise consistent with the regional land transport plan. Section 118 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 General requirements Heading inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
119: Adoption of regional public transport plans
1: A regional council must, by resolution on or before 1 July 2015, adopt a regional public transport plan unless it does not intend to—
a: enter into any contract for the supply of any public transport service:
b: provide any financial assistance to any operator or user of any other passenger service in a small passenger service vehicle.
2: A regional council may, by resolution at any time, vary or renew a regional public transport plan previously adopted by it.
3: The production in proceedings of a copy of a regional public transport plan purporting to have been adopted, varied, or renewed by a regional council under this section is, in the absence of evidence to the contrary, sufficient evidence of the plan and of the fact that it has been adopted, varied, or renewed in accordance with this section.
4: A regional council (or a territorial authority to which the responsibility is transferred under the Local Government Act 2002
5: If a territorial authority has joined a regional transport committee under section 105(11) Section 119 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 119(1)﻿(b) replaced 1 October 2017 section 110(3) Land Transport Amendment Act 2017
120: Contents of regional public transport plans
1: A regional council, in a regional public transport plan,—
a: must—
i: identify the public transport services that are integral to the public transport network that the regional council proposes to provide; and
ii: provide an outline of the routes, frequency, and hours of operation of the services identified under subparagraph (i); and
iii: arrange all of the public transport services identified under subparagraph (i) into units; and
iv: indicate the date by which a unit is expected to start operating; and
v: indicate the date by which any exempt service that is to be replaced by a unit is to be deregistered; and
vi: identify any units for which the regional council intends to provide financial assistance; and
vii: identify any passenger services in small passenger service vehicles
viii: describe how the network of public transport services and the services referred to in subparagraph (vii) will assist the transport-disadvantaged; and
b: must specify any objectives and policies that are to apply to—
i: any units; and
ii: any services referred to in paragraph (a)﻿(vii); and
c: may describe exempt services but may not make them subject to the objectives and policies described in paragraph (b); and
d: may state or describe any other matters that the regional council thinks fit.
2: Without limiting subsection (1)﻿(b), a regional council must, in relation to any units, include in a regional public transport plan policies on—
a: accessibility, quality, and performance; and
b: fares and the method or formula or other basis for setting and reviewing those fares; and
c: the process for establishing units; and
d: the approach that will be taken to procuring the delivery of the service or services in a unit; and
e: how the procurement of units will be phased in over time; and
f: managing, monitoring, and evaluating the performance of units.
3: The approach to procurement specified in subsection (2)﻿(d) must, in relation to a public transport service for which the regional council does not intend to provide financial assistance, be approved by the Agency.
4: A regional public transport plan must set out the policy the regional council will apply in determining whether a proposed variation to the regional public transport plan is significant for the purpose of section 126(4)
5: A regional public transport plan may—
a: provide that an action described in the plan must or may be done by a regional council or a committee or other subordinate decision-making body or a member or officer of the regional council; and
b: specify conditions that apply to that action.
6: Subsection (5) does not limit or affect anything in the Local Government Act 2002 Section 120 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 120(1)﻿(a)﻿(vii) amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017
121: Notification and provision of copies of plans
1: If a regional council adopts or varies a regional public transport plan, the regional council must—
a: ensure that notice is given, as soon as practicable, in the relevant newspaper circulating in the region of the adoption or variation of the plan and its availability for inspection and purchase; and
b: give, as soon as practicable, to the operator of every public transport service in the region, and to every person who has notified the regional council of a proposal to operate an exempt service in the region, written or electronic notice of the adoption and a copy of the plan (or variation); and
c: within 20 working days of adopting or varying a regional public transport plan,—
i: notify, in writing or electronically, each of the following of the regional public transport plan or variation:
A: the Agency:
B: the Secretary:
C: the Minister of Education:
D: the relevant railway line access provider:
E: territorial authorities in the region:
EA: if there are any specified development projects in the region, Kāinga Ora–Homes and Communities:
F: the relevant regional transport committee:
G: in the case of a plan or a variation adopted by Auckland Transport, the Auckland Council; and
ii: ensure that—
A: copies of the plan or variation are kept at the regional council’s principal office and such other places that the regional council appoints and made available for public inspection, free of charge, and for purchase at a reasonable price; and
B: a copy of the plan or variation is made available on the regional council’s Internet site.
2: A regional council may publish a regional public transport plan and a regional land transport plan as a single document. Section 121 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 121(1)﻿(c)﻿(i)﻿(EA) inserted 7 August 2020 section 300 Urban Development Act 2020
122: When regional public transport plans take effect
A regional public transport plan takes effect on the day that is 20 working days after the date on which the regional council adopts the plan. Section 122 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
123: Good-faith exclusion of regional councils from liability to pay compensation
1: Nothing included in a regional public transport plan in good faith makes a regional council liable to pay compensation to any person.
2: Nothing makes a regional council liable to pay compensation to any person for anything that is done in good faith by the regional council in—
a: removing an exempt service from the register; or
b: removing details of a variation to an exempt service from the register; or
c: declining to register an exempt service; or
d: declining to record a variation to an exempt service in the register. Section 123 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
124: Matters to take into account when adopting regional public transport plans
A regional council must, before adopting a regional public transport plan,—
a: be satisfied that the plan—
i: contributes to the purpose of this Act; and
ii: has been prepared in accordance with any relevant guidelines that the Agency has issued; and
iii: is, if it includes a matter that is not within the scope of the regional land transport plan, otherwise consistent with that plan; and
b: be satisfied that it has applied the principles specified in section 115(1)
c: take into account—
i: any national energy efficiency and conservation strategy; and
ii: any relevant regional policy statement, regional plan, district plan, or proposed regional plan or district plan under the Resource Management Act 1991
iii: the public transport funding likely to be available within the region; and
iv: the need to obtain the best value for money, having regard to the desirability of encouraging a competitive and efficient market for public transport services; and
v: the views of public transport operators in the region; and
d: consider the needs of persons who are transport-disadvantaged. Section 124 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
125: Consultation requirements for regional public transport plans
1: When preparing a draft regional public transport plan, a regional council must consult—
a: the relevant regional transport committee (and, in the case of Auckland Transport, the Auckland Council and each affected local board of the Auckland Council); and
b: the Agency; and
c: every operator of a public transport service in the region; and
d: every person who has notified the regional council of a proposal to operate an exempt service in the region; and
e: the Minister of Education; and
f: the territorial authorities in the region; and
g: the relevant railway line access provider; and
h: if there are any specified development projects in the region, Kāinga Ora–Homes and Communities.
2: Before adopting a regional public transport plan, a regional council or Auckland Transport (as the case may be)—
a: must consult in accordance with the consultative principles specified in section 82
b: may use the special consultative procedure specified in sections 83 87 89
3: A regional council that is preparing a regional public transport plan may request any information from any territorial authority within its region that the regional council considers necessary to perform its functions under this Act in relation to that plan, and the territorial authority must promptly comply with that request.
4: A regional council may carry out consultation on a proposal to adopt a regional public transport plan in conjunction with the relevant regional transport committee’s consultation on its regional land transport plan under this Act. Section 125 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 125(1)﻿(h) inserted 7 August 2020 section 300 Urban Development Act 2020
126: Currency and variation of regional public transport plans
1: A regional public transport plan adopted under section 119
a: must, at all times, be kept current for a period of not less than 3 years in advance, but not more than 10 years in advance; and
b: may be reviewed by the regional council from time to time, but must be reviewed and, if necessary, renewed or varied at the same time as, or as soon as practicable after, the public transport service components of a regional land transport plan are approved or varied.
2: Subject to subsections (4) and (5), the provisions of this Act that apply to the adoption of a regional public transport plan apply with the necessary modifications to a variation or renewal of a regional public transport plan.
3: A variation forms part of the regional public transport plan it varies.
4: Section 125(1) section 125(2)﻿(a)
5: Subsection (4) does not apply to a variation that would alter the policy that the regional council applies in determining whether a proposed variation to a regional public transport plan is significant.
6: A regional council may, by resolution publicly notified, correct minor errors in a regional public transport plan but only if the correction does not affect an existing right, interest, or duty of any person or organisation that is affected by or has an interest in the regional public transport plan. Section 126 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
127: Power to require information from operators of public transport services
1: A regional council—
a: may require an operator of a unit to provide the regional council with patronage data and fare revenue data for that unit; and
b: must publish—
i: patronage data provided under paragraph (a); and
ii: data that shows the extent to which the unit is subsidised; and
c: may disclose the fare revenue data provided under paragraph (a) to any person who is registered by the regional council to tender for the provision of a unit.
2: A regional council may require the information required under subsection (1) to be provided to the regional council in any specified form in which, having regard to the manner in which the information is kept by the operator, it is reasonable to expect the operator to provide it. Section 127 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
128: Power to require information from regional councils and Auckland Transport
1: The Agency may require a regional council to provide it with information related to public transport planning, contracting, and monitoring that is necessary to enable the Agency to perform its functions under this Act, including information provided to the regional council under section 127
2: If the Agency requires the regional council to provide information under subsection (1), the regional council must provide the information as soon as is reasonably practicable.
3: The Auckland Council may require Auckland Transport to provide it with any information related to the preparation of Auckland Transport’s regional public transport plan that is necessary to enable the Auckland Council to perform its function of providing funds to Auckland Transport for land transport purposes under the Local Government (Auckland Council) Act 2009 section 127
4: If the Auckland Council requires Auckland Transport to provide any information under subsection (3), Auckland Transport must provide the information as soon as is reasonably practicable. Section 128 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
129: Disclosure of information received under sections 127 and 128
1: If a regional council or the Auckland Council (an organisation section 127 128 section 7(2)﻿(b)
a: to registered tenderers under section 127(1)﻿(c)
b: to the organisation’s professional advisers; or
c: in the case of information received by an organisation that is a regional council, to those persons or entities engaged by the regional council to carry out public transport planning, contracting, or monitoring; or
d: to the Agency, in accordance with section 128(2)
e: in the case of information received by Auckland Transport, to the Auckland Council, in accordance with section 128(4)
f: subject to subsection (2), in response to a request made under the Local Government Official Information and Meetings Act 1987
g: where the fare revenue data was provided to the organisation 5 years or more before the date of the disclosure; or
h: where—
i: the operator of the unit (the former operator
ii: the former operator’s public transport business has not been disposed of as a going concern to any other person.
2: If an organisation receives a request under the Local Government Official Information and Meetings Act 1987
a: the organisation must make all reasonable efforts to notify immediately the person who provided the information to the organisation that a request to release the information has been received; and
b: the person must, within 10 working days after receiving the notice, advise the organisation whether that person believes the information should be withheld under section 7(2)﻿(b)
c: the organisation may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person’s response (if any), the organisation cannot identify any reason for withholding the information under the Local Government Official Information and Meetings Act 1987
3: If the Agency receives under section 128(1) section 127 section 9(2)﻿(b)
a: to the Agency’s professional advisers; or
b: subject to subsection (4), in response to a request made under the Official Information Act 1982
c: where the information received from the regional council was provided to the regional council 5 years or more before the date of the Agency’s disclosure; or
d: where—
i: the operator of the unit (the former operator
ii: the former operator’s public transport business has not been disposed of as a going concern to any other person.
4: If the Agency receives a request under the Official Information Act 1982
a: the Agency must make all reasonable efforts to notify immediately the person who provided the information to the regional council that a request to release the information has been received by the Agency; and
b: the person must, within 10 working days after receiving the notice, advise the Agency whether that person believes the information should be withheld under section 9(2)﻿(b)
c: the Agency may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person’s response (if any), the Agency cannot identify any reason for withholding the information under the Official Information Act 1982 Section 129 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
2: Registration of exempt services
Subpart 2 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Register of exempt services Heading inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
130: All exempt services to be registered
1: No person may operate an exempt service specified in subsection (2) in a region unless, at the time it is operated, the service is registered with the regional council of that region.
2: The following public transport services are exempt services:
a: an inter-regional public transport service:
b: a public transport service,—
i: in a region that is required to have a regional public transport plan, that—
A: begins, or is to begin, operating after the plan is adopted; and
B: is not identified in the plan as integral to the public transport network; and
C: operates without a subsidy for the provision of the service:
ii: in a region that is not required to have a regional public transport plan, that operates within the region:
c: a public transport service that is specified as an exempt service by an Order in Council made under section 150
3: For the purposes of subsection (2)﻿(b)﻿(i)﻿(C), subsidy Section 130 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
131: Register of exempt services
1: A regional council must keep a current register of all public transport services that are exempt services.
2: A regional council must record in the register—
a: the name of the operator of the exempt service; and
b: if the operator is a company that is not a listed company, the name of each shareholder of the operator (or, if the operator is a subsidiary within the meaning of section 5
c: the contact details of the operator of the exempt service, including the operator’s business address, telephone number, email address (if any), and Internet site (if any); and
d: the routes of the exempt service; and
e: the date the exempt service is intended to begin.
3: Despite subsection (1), a public transport service that was operating as a registered exempt service before it was identified in the regional council’s regional public transport plan as integral to the public transport network must remain on the register and may continue operating as if it were an exempt service until it is deregistered under section 137 Section 131 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
132: Contents of register to be made available to public
A regional council that keeps a register of exempt services under this subpart must ensure that—
a: the information on the register is reasonably readily available for public inspection, whether in written or electronic form, free of charge and during normal office hours; and
b: a copy of the information that is on the register can be made available for purchase by the public at a reasonable price. Section 132 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
133: Notification of proposal to operate or vary exempt services
1: In accordance with the applicable period referred to in subsection (4), a person who proposes to—
a: operate an exempt service must notify every regional council in whose region the proposed service is to operate of—
i: the name of the operator; and
ii: the name of each shareholder of the operator (or, if the operator is a subsidiary within the meaning of section 5
iii: the contact details of the operator (including the operator’s business address, telephone number, email address, and Internet site address (if any)); and
iv: the proposed route or routes of the service; and
v: the date the service is intended to commence; and
vi: the timetables for the service; and
vii: the stops, stations, or terminals for the service:
b: vary any of the details of an exempt service described in paragraph (a)﻿(i) to (iv), (vi), and (vii) must notify that regional council of—
i: the variation; and
ii: the date the variation is intended to take effect; and
iii: the intended duration of the variation.
2: With the consent of the regional council concerned, any notice required by this section to be given by any person may—
a: be given by an organisation on behalf of the person; and
b: relate to any number of exempt services.
3: The regional council may, with the agreement of the operator, reduce or waive the period of notice required by subsection (1) if it is satisfied that the public would not be unreasonably disadvantaged by the earlier commencement or variation of the exempt service.
4: For the purposes of subsection (1), applicable period
5: For the purposes of subsection (1)﻿(b), exempt service
a: was registered under the Public Transport Management Act 2008
b: will continue to operate as an exempt service under this Part. Section 133 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
134: Grounds for declining registration or variation of exempt services
1: A regional council may, on the grounds set out in subsection (2), decline to—
a: register an exempt service; or
b: record in the register a variation of the route or routes of an exempt service.
2: The grounds are that—
a: the exempt service, or the variation of the route or routes, is—
i: likely to have a material adverse effect on the financial viability of any unit; or
ii: likely to increase the net cost to the regional council of any unit; or
iii: contrary to sound traffic management or any environmental factor identified by the regional council as important to its region; or
b: the regional council is yet to adopt its regional public transport plan; or
c: the regional council has adopted a regional public transport plan and it identifies the service as integral to the public transport network. Section 134 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
135: Process for declining registrations or variations of exempt services
If a regional council declines to register an exempt service or record in the register a variation of a route of an exempt service under section 134 section 133(1)
a: the decision; and
b: the reasons for the decision and a summary of the information supporting the decision; and
c: the operator's right under section 141 Section 135 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
136: Registration of and variation to exempt services
1: Within 15 working days (or such longer period as the regional council and operator may agree) of receiving a notice under section 133(1)
a: register the exempt service to which the notice relates, unless the regional council declines to register the service under section 134
b: record in the register the variation of the details of the exempt service to which the notice relates, unless the variation relates to the route or routes of the exempt service and is declined by the regional council under section 134
2: The registration of an exempt service or the variation of an exempt service under this section remains in effect until the service is deregistered, or the details of the variation are removed, in accordance with section 137(1), (2), or (4) 139(3) Section 136 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
137: Deregistration of exempt services and removing details of variations
1: A regional council may, at any time, deregister all or part of an exempt service if the regional council is satisfied that the operator—
a: has persistently failed to operate the exempt service or part of the exempt service; or
b: has failed to commence operating the exempt service within 90 days after the registration of the exempt service.
2: A regional council may, at any time, remove the details of a variation to the route or routes of an exempt service from the register, if the regional council is satisfied that the exempt service has failed to commence operating in accordance with the variation within 90 days after the regional council records the details of the variation in the register.
3: A regional council may not deregister all or part of an exempt service under subsection (1) or remove the details of a variation under subsection (2) if the operator has failed to operate the exempt service owing to circumstances beyond the reasonable control of the operator.
4: A regional council must, on the date specified by the regional council in a notice to the operator, deregister a public transport service that was operating as an exempt service before it was—
a: required, by Order in Council, to be replaced by a unit; and
b: identified in the regional council's regional public transport plan as integral to the public transport network. Section 137 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
138: Process for deregistering exempt services or removing details of variations
1: A regional council may not deregister all or part of an exempt service or remove the details of a variation to an exempt service from the register under section 137
a: notified the operator of the service of its intention to deregister all or part of the service or remove the details of the variation to the service from the register, and of—
i: the reasons for its intention and a summary of the information supporting those reasons; and
ii: the procedure to be followed in making a final decision; and
iii: the operator's right under section 141
b: given the operator the opportunity to make written submissions and, if the operator wishes, be heard within 30 working days after receiving the notice from the regional council (or such longer period as the regional council and operator may agree).
2: If the operator requests a hearing, the regional council must—
a: appoint a time and place for the hearing and give reasonable notice of this to the operator; and
b: hear the matter in public, unless permitted to do otherwise by the Local Government Official Information and Meetings Act 1987
c: establish a procedure for hearing the matter that is appropriate and fair in the circumstances.
3: In determining an appropriate procedure for a hearing, the regional council must—
a: avoid any unnecessary formality; and
b: not permit anyone other than the chairperson or a member of the regional council to question the operator; and
c: permit the operator to be heard (either in person or by a representative) and submit evidence; and
d: permit an officer of the council to present advice and reports; and
e: not permit any other person to be heard at the hearing except by agreement with the operator.
4: If the regional council makes a final decision to deregister an exempt service or remove from the register the details of a variation to an exempt service, the regional council must give written notice to the operator of—
a: the decision; and
b: the reasons for the decision and a summary of the information supporting the decision; and
c: the date on which the deregistration or the removal of the details of the variation takes effect (which may not be earlier than the date of notification); and
d: the operator's right under section 141
5: This section does not apply to the deregistration of a public transport service under section 137(4) Section 138 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
139: Withdrawal of exempt services
1: The operator of an exempt service who proposes to withdraw from providing the exempt service must notify the regional council in whose region the exempt service is registered of that proposal not less than 15 working days before the exempt service is to cease operating.
2: The regional council may reduce or waive the period of notice required by subsection (1), if it is satisfied that the public would not be unreasonably disadvantaged by the earlier withdrawal of the exempt service.
3: The regional council must remove the withdrawn exempt service from the register of exempt services within 15 working days after the date that the exempt service ceases to operate. Section 139 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
3: Miscellaneous
Subpart 3 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Appeals Heading inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
140: Right to appeal to Environment Court
1: An operator of a public transport service may appeal to the Environment Court against the arrangement of public transport services into units and the allocation of those units in a regional public transport plan if affected by the arrangement or allocation.
2: An operator of a public transport service who wishes to appeal must lodge a notice of appeal with the Environment Court within 15 working days after receiving notice of the adoption and a copy of the plan under section 121(1)﻿(b)
3: An operator of a public transport service who lodges a notice of appeal with the Environment Court under subsection (2) must serve a copy of the notice on the regional council and every other operator of a public transport service in the region within 5 working days after the appeal is lodged.
4: The New Zealand Transport Agency has the right to appear and be heard during any appeal under this section.
5: The court must hear the appeal on the merits of the case and do 1 or more of the following:
a: dismiss the appeal:
b: refer the plan back to the regional council to modify in accordance with any directions of the court.
6: The court may not direct a regional council to modify a plan in a manner that would impose an additional financial obligation on the regional council or any other person, unless the regional council or other person consents to that modification of the plan.
7: Part 11
8: A notice of appeal must state any matters that regulations made under the Resource Management Act 1991 require to be stated in the case of an appeal under section 120 Section 140 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
141: Appeals to District Court
1: A person may appeal to the District Court
2: For the purposes of subsection (1), adverse decision
a: decline to register an exempt service under section 134
b: decline to record in the register a variation of the route or routes of an exempt service under section 134
c: deregister an exempt service under section 137
d: remove the details of a variation of the route or routes of an exempt service from the register under section 137 Section 141 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 141(1) amended 1 March 2017 section 261 District Court Act 2016
142: Procedure for appeals to District Court
1: An appeal under section 141 Part 18
2: Subject to subsection (1), an appeal must be made and determined in accordance with Part 9
3: Subject to sections 144 145 section 141 Section 142 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 142(1) amended 1 March 2017 section 261 District Court Act 2016 Section 142(2) amended 1 March 2017 section 261 District Court Act 2016
143: Decisions of regional councils to continue in force pending appeals, etc
1: Subject to subsection (2), a decision of a regional council appealed against under section 141 144 145
2: Pending the outcome of an appeal, the District Court Section 143 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 143(2) amended 1 March 2017 section 261 District Court Act 2016
144: Appeals to High Court on questions of law
1: A party to an appeal under section 141
2: The High Court Rules 2016 sections 126 to 130 section 124 Section 144 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 144(2) replaced 1 March 2017 section 261 District Court Act 2016
145: Further appeals to Court of Appeal
1: A party to an appeal under section 144
2: The Court of Appeal may make any order or determination that it thinks fit in relation to the appeal.
3: Except as provided in this section, the procedure in respect of an appeal under this section must be in accordance with the applicable provisions of the High Court Rules 2016 Section 145 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 145(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Offences Heading inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
146: Operating unregistered exempt services
1: A person who, without reasonable excuse, operates, in a region, an exempt service that is not registered under section 136
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section.
2: However, subsection (1) does not apply if the person was operating in accordance with section 131(3) 153(2) 154(2) Section 146 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 146(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
147: Operating public transport services that are not exempt or contracted
1: A person who, without reasonable excuse, operates, in a region, a public transport service that is not an exempt service and is not provided as a unit or part of a unit under contract with the regional council commits an offence and is liable on
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section.
2: However, subsection (1) does not apply if the person was operating—
a: in accordance with section 131(3) 153(2) 154(2) 157
b: under a contract that is funded in accordance with section 26(e) Section 147 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 147(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
148: Varying registered exempt services without giving notice required by section 133
A person who, without reasonable excuse, operates, in a region, a registered exempt service and varies the route or routes, timetables, or stops, stations, or terminals of the registered exempt service without giving the notice required under section 133
a: $30,000, in the case of a first offence against this section; and
b: $60,000, in the case of a second or subsequent offence against this section. Section 148 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 148 amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
149: Power to inspect records
1: For the purpose of ascertaining whether the provisions of this Part have been or are being complied with by any person to whom this Part applies, any enforcement officer in uniform or in possession of a warrant or other evidence of his or her authority as an enforcement officer may require that person to produce for inspection any relevant documents, books, or records in that person’s possession or over which that person has control (whether written or electronic), including (but not limited to) logbooks, financial records relating to revenue or expenditure, vehicle maintenance records, and driver roster and time records.
2: The enforcement officer may take extracts from or make copies of any documents, books, or records so produced. Section 149 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Regulations Heading inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
150: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister tendered on the request of the Agency, make regulations—
a: specifying that a public transport service is an exempt service for the purposes of this Part:
b: requiring an exempt service to be replaced by a unit or part of a unit to be provided under contract:
c: requiring an inter-regional service operating before the commencement of this Part to be contracted as part of a unit, provided the service was receiving a subsidy.
2: Before recommending the making of an Order in Council under subsection (1), the Minister must be satisfied that the Agency has consulted any relevant regional council and,—
a: in the case of an Order in Council under subsection (1)﻿(a), that the Agency has consulted the operator of the public transport service, and that—
i: the public transport service, while operating as an exempt service,—
A: will not receive a subsidy for the provision of the service; and
B: will not be an integral part of the relevant region’s public transport network; and
C: will not need its fares to be regulated; or
ii: the public transport service is being provided as part of the local roading network:
b: in the case of an Order in Council under subsection (1)﻿(b), that the Agency has consulted the operator of the public transport service, and that the public transport service—
i: is an integral part of the relevant region’s public transport network; and
ii: needs its fares to be regulated:
c: in the case of an Order in Council under subsection (1)﻿(c), that the Agency has obtained the agreement of the operator of the public transport service.
3: For the purposes of subsections (1)﻿(c) and (2)﻿(a)﻿(i)﻿(A), subsidy
4: To avoid doubt, the Minister may refuse the Agency's request that the Minister recommend the making of an Order in Council under this section.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 150 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013 Section 150(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Transitional and savings provisions
Part 6 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
151: Interpretation
For the purposes of sections 152 153 154 Public Transport Management Act 2008 Section 151 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
152: Transitional provisions for certain existing operators
1: This section applies to any operator that, immediately before the commencement of this section, operated a public transport service that was,—
a: on 30 June 2011, a bus service that—
i: was registered as a commercial public transport service under the Public Transport Management Act 2008
ii: offered fares set by a regional council:
b: on 30 June 2011, a ferry service that—
i: was registered as a commercial public transport service under the Public Transport Management Act 2008
ii: comprised 1 or more, but not all, of the trips conducted by a ferry on a route operated by the service:
c: a bus service or ferry service that was registered after 30 June 2011 as a commercial public transport service under the Public Transport Management Act 2008
2: An operator to which this section applies must, if requested in writing by a regional council in whose region the bus service or ferry service operates, provide patronage data and fare revenue data relating to the service for the 3 years preceding the date on which the regional council makes the request.
3: A regional council—
a: must publish patronage data provided under subsection (2); and
b: may disclose the fare revenue data provided under subsection (2) to any person who is registered by the regional council to tender for the provision of a unit. Section 152 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
153: Transitional provisions for existing registered public transport services that will become exempt services
1: This section applies to a public transport service that,—
a: immediately before the commencement of this section, was—
i: an inter-regional public transport service that was registered as a commercial public transport service under the Public Transport Management Act 2008
ii: a public transport service carried on by a rail vehicle that was registered as a commercial public transport service under the Public Transport Management Act 2008
b: as of 30 June 2011, was—
i: a bus service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008
B: did not offer fares set by a regional council:
ii: a ferry service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008
B: comprised all of the trips conducted by a ferry on every route operated by the service.
2: A public transport service to which this section applies is to be treated as an exempt service that has been registered under section 136 Section 153 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
154: Transitional provisions for other existing public transport services that will stop operating
1: This section applies to a public transport service that,—
a: as of 30 June 2011, was—
i: a bus service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008
B: offered fares set by a regional council:
ii: a ferry service that—
A: was registered as a commercial public transport service under the Public Transport Management Act 2008
B: comprised 1 or more, but not all, of the trips conducted by a ferry on a route operated by the service:
b: was a bus service or ferry service that was registered after 30 June 2011 as a commercial public transport service under the Public Transport Management Act 2008
2: Despite section 116
3: The regional public transport plan must indicate the date by which any public transport service to which this section applies is expected to stop operating. Section 154 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
155: Transitional provisions for certain notifications
1: This section applies to any unprocessed notice given under section 32 36 46
2: If this section applies, a notice that is given under section 32 36 46 Part 5
a: an inter-regional service; or
b: a service that operates in a region that is not required to adopt a regional public transport plan.
3: Subject to subsection (2)﻿(a), in a region that is required to adopt a regional public transport plan, an unprocessed notice given under—
a: section 32 36
b: section 46 Part 5 Section 155 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
156: Transitional provisions for certain existing documents or activities
1: Any regional public transport plan adopted under the Public Transport Management Act 2008
a: continues in existence until whichever is the earlier of the following:
i: a regional public transport plan is adopted under section 119
ii: the close of 30 June 2015; and
b: may be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015 in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013
2: The regional public transport plan that is adopted or varied on or before 30 June 2015 must take the public transport components of the relevant regional land transport strategy into account and must not be inconsistent with the relevant regional land transport programme.
3: Any regional land transport programme in existence immediately before this section commences—
a: is to continue in existence until the close of 30 June 2015; and
b: is deemed to expire on the close of 30 June 2015; and
c: may be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015 in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013
4: Any regional land transport strategy in existence immediately before this section commences—
a: is to continue in existence until the close of 30 June 2015; and
b: is deemed to expire on the close of 30 June 2015; and
c: may not be varied during the period beginning with the commencement of this section and ending with the close of 30 June 2015.
5: A GPS in existence immediately before this section commences—
a: is to be treated as a GPS on land transport issued under section 66(1)
b: expires on 1 July 2015; and
c: may be amended in accordance with this Act (as amended by the Land Transport Management Amendment Act 2013
6: Despite anything in section 66 section 66
7: When arranging public transport services into units, a regional council must make all reasonable endeavours to ensure that any operator of a commercial public transport service in existence immediately before the commencement of this section is not unreasonably disadvantaged. Section 156 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
157: Transitional provision for existing contracted public transport services
A public transport service provided under contract to the regional council before the commencement of this section may continue to be provided by that operator under that contract (or a variation of that contract) until it is replaced by a unit, or part of a unit, in accordance with the regional public transport plan. Section 157 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
158: Savings provisions
1: Despite the repeal or amendment of the provisions specified in subsection (2), those provisions continue to apply (as if those sections had not been repealed or amended by the Land Transport Management Amendment Act 2013
2: The specified provisions referred to in subsection (1) are—
a: sections 26(2)﻿(b) 27(1)﻿(c)
b: sections 7A(2)﻿(b) 13(5) 18J(2)﻿(c)﻿(ii) 19B(b)﻿(ii) 20(3)﻿(c) 48(1)﻿(c)﻿(i) 82 105(13) Land Transport Management Amendment Act 2013
c: sections 64(1)﻿(d) 65(1)﻿(d)﻿(ii) 82(3)
3: A person who, immediately before the commencement of section 71(2) Tauranga District Council (Route K Toll) Empowering Act 2000
4: A person who fails to pay a toll that the person was liable to pay under the Tauranga District Council (Route K Toll) Empowering Act 2000
5: A proceeding commenced, before the commencement of section 71(2) Tauranga District Council (Route K Toll) Empowering Act 2000
6: A toll collected, before the commencement of section 71(2) Tauranga District Council (Route K Toll) Empowering Act 2000
7: Any contract entered into by the Tauranga City Council under section 18 section 71(2)
8: Despite subsection (7),—
a: a person who, immediately before the commencement of section 71(2) Tauranga District Council (Route K Toll) Empowering Act 2000
b: the Tauranga City Council must refund any unused prepayment or transponder hire. Section 158 inserted 13 June 2013 section 70 Land Transport Management Amendment Act 2013
159: Transitional regulations
2016-01-01 Land Transport Management Act 2003 Section 159 repealed 1 January 2016 section 159(5)