Land Transport Management Amendment Act 2004

1: Title
1: This Act is the Land Transport Management Amendment Act 2004.
2: In this Act, the Land Transport Management Act 2003 the principal Act
2: Commencement
This Act comes into force on 1 December 2004.
3: Interpretation
1: Section 5 approved safety administration programme Authority land transport Minister safety administration safety administration programme Transfund
2: Section 5 Authority section 66 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) Minister responsible Minister .
3: Section 5 land transport programme section 12 or section 12A
4: Crown's authority to incur certain land transport expenditure
1: Section 9 subsections (4) (5)
4: The Crown incurs a liability to pay to the Commissioner the amount determined by the responsible Minister for the activities or activity classes delivered by the Commissioner under the Authority's approved land transport programme less any revenue received or receivable by the Commissioner from other sources applicable to activities or activity classes in the programme.
2: Section 9(6)
a: omitting the word Transfund the Authority
b: omitting the expression (5) (4)
5: National land transport account
1: Section 10(2) paragraph (a)
ab: to the Authority for approved activities: .
2: Section 10 subsection (2)
2A: Funding under subsection (2)(ab) section 25 section 26
3: Section 10(4) paragraph (b)
b: the costs and expenses of the Authority that—
i: arise out of the performance of its functions and duties; and
ii: have been approved by the responsible Minister; and .
6: Land transport programmes
1: Section 12 subsection (1)
1: In each financial year, every approved organisation that recommends that any activities or activity classes be included in a national land transport programme must, by a date or dates appointed by the Authority,—
a: prepare a land transport programme for the next financial year; and
b: forward copies to the Authority, Transit, the Commissioner, and the Secretary; and
c: make it available to the public in a written form.
2: Section 12(4)
7: New
section 12A The principal Act is amended by inserting, after section 12
12A: Authority's land transport programme
1: In each financial year and if it recommends that any activities or activity classes, including those delivered by the Commissioner, are to be included in a national land transport programme, the Authority must prepare a land transport programme for the next financial year.
2: Before preparing a land transport programme under subsection (1)
3: The Authority must—
a: include in each of its land transport programmes—
i: the recommended funding for the Authority and the Commissioner; and
ii: an estimate of the revenue to be received by the Authority and the Commissioner from sources (other than the national land transport fund) applicable to the outputs for which funding is sought from the national land transport programme; and
b: forward copies of its land transport programme to local authorities, Transit, the Commissioner, and the Secretary; and
c: make its land transport programme available to the public in a written form.
4: The provisions of Part 1 of Schedule 1
5: The Authority must, in preparing a land transport programme, take into account how each activity or activity class—
a: assists economic development; and
b: assists safety and personal security; and
c: improves access and mobility; and
d: protects and promotes public health; and
e: ensures environmental sustainability.
6: The Authority must, in preparing a land transport programme, take into account any current national land transport strategy, the National Energy Efficiency and Conservation Strategy, and any relevant regional land transport strategies.
7: If the Authority prepares a land transport programme under subsection (1)
8: New
section 14 The principal Act is amended by repealing section 14
14: Variation of land transport programmes
1: The organisation responsible for preparing a land transport programme may vary the programme from time to time during the financial year to which it applies,—
a: if the programme has been prepared by the Authority, by agreement with the Minister:
b: in every other case, by agreement with the Authority.
2: The provisions of this Act that apply to the preparation of a land transport programme apply with the necessary modifications to a variation of a land transport programme.
3: The Minister or the Authority (as the case may require) may (without limitation) decline to agree to a variation of a land transport programme if the Minister or the Authority (as the case may require) is satisfied that the subject matter of the variation could reasonably have been included in the organisation's land transport programme.
9: Who must be consulted about land transport programme
1: Section 15 subsections (1)(a) (2)(a) (3)(a) (4)(a)
2: Section 15 subsection (4)
4A: When preparing a land transport programme under section 12A, the Authority must—
a: consult—
i: Transit; and
ii: every affected regional council; and
iii: every affected territorial authority; and
iv: every affected approved organisation; and
v: the Ministry of Health; and
vi: the Accident Compensation Corporation; and
vii: the Commissioner; and
viii: the Secretary; and
ix: the Ministry of Justice; and
x: land transport users and providers; and
xi: affected communities; and
xii: Maori; and
xiii: the public; and
b: carry out the consultation using the special consultative procedures set out in Part 2 of Schedule 2
4B: The Authority need not consult any organisation or person referred to in subsection (4A)
a: an approved organisation has, under clause 2(5) of Schedule 1
b: the approved organisation has already consulted that organisation or person about the activity or activity class.
10: National land transport programme
1: Section 19
a: omitting from subsections (1) (5) Transfund The Authority
b: omitting from subsections (2) (4) Transfund the Authority
2: Section 19 subsection (3)
3: Before adopting a national land transport programme, the Authority must be satisfied that—
a: the programme contributes to the purpose of this Act and contributes to the following:
i: assisting economic development; and
ii: assisting safety and personal security; and
iii: improving access and mobility; and
iv: protecting and promoting public health; and
v: ensuring environmental sustainability; and
b: the Minister's approval has been given under section 12A(7)
11: New
section 20A The principal Act is amended by inserting, after section 20
20A: Authority may not withhold approval of activities and activity classes approved under
section 12A Despite anything in section 20 section 12A
12: New headings and
sections 66 to 74 The principal Act is amended by repealing the Part 3 section 66 66 to 74
3: Administrative provisions relating to Land Transport New Zealand and Transit, and miscellaneous provisions
Land Transport New Zealand
66: Establishment of Land Transport New Zealand
This section establishes Land Transport New Zealand.
67: Crown entity status
The Authority is a Crown entity for the purposes of the Public Finance Act 1989
68: Objective of Authority
1: The objective of the Authority is to allocate resources and to undertake its functions in a way that contributes to an integrated, safe, responsive, and sustainable land transport system.
2: In meeting its objective, the Authority must exhibit a sense of social and environmental responsibility, which includes—
a: avoiding, to the extent reasonable in the circumstances, adverse effects on the environment; and
b: ensuring, to the extent practicable, that persons or organisations preparing land transport programmes—
i: take into account the views of affected communities; and
ii: give early and full consideration to land transport options and alternatives in a manner that contributes to the matters in paragraph (a) and subparagraph (i)
iii: provide early and full opportunities for the persons and organisations listed in section 15
69: Functions of Authority
1: The functions of the Authority are—
a: to promote land transport sustainability in New Zealand:
b: to prepare and adopt a land transport programme under section 12A section 19
c: to review and revise the national land transport programme in accordance with its most recent performance agreement:
d: to approve activities and activity classes:
e: to make payments from the national land transport account as authorised by this Act:
f: to promote safe transport on land in New Zealand:
g: to provide safety information and advice, and to foster appropriate information education programmes that promote its objective:
h: 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
i: to approve procurement procedures under section 25
j: to maintain and preserve records and documents concerning activities within the land transport system, and in particular to maintain the Land Transport Register under the Land Transport Act 1998
k: to audit the performance of approved organisations in relation to activities approved by the Authority and the operation of the organisation's land transport disbursement account:
l: to assist and advise approved organisations in relation to the Authority's functions, duties, and powers under this Act and the Land Transport Act 1998
m: to fund research, education, and training activities and activity classes:
n: to provide the Minister with any information and advice relating to the Authority's functions that the Minister may request:
o: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the Authority's functions and duties will not be compromised:
p: to carry out any other functions relating to land transport that the Minister requests or directs.
2: The Authority's statutorily independent functions are—
a: to determine whether particular activities should be included in a national land transport programme; and
b: approving activities; and
c: approving procurement procedures.
3: Subsection (2)
a: activities that are included in a land transport programme prepared by the Authority:
b: activities relating to the police.
70: Separate legal personality
The Authority is a legal entity in its own right separate from its board members and the Crown, and continues in existence until dissolved by an Act.
71: Capacity and powers
1: The Authority has—
a: the capacity, rights, powers, and privileges of a natural person; and
b: any additional powers conferred by this Act or any other enactment.
2: The Authority may exercise its powers only for the purpose of carrying out its functions.
72: Authority's board
1: The Authority's board must have at least 6, but no more than 8, board members.
2: The board members are appointed by the responsible Minister.
73: Further provisions about Authority
Schedule 4
74: Use of words Land Transport New Zealand
1: No company or other body may be incorporated or registered under a name that contains the words Land Transport New Zealand or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981
2: On or from the commencement of this Act until the close of 31 December 2006, no company or other body may be incorporated or registered under a name that contains the words Land Transport Safety Authority of New Zealand or the word Transfund or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981
3: Nothing in subsection (1) or subsection (2)
13: Functions
Section 78 paragraph (g)
ga: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and Transit are satisfied that the performance of Transit's functions and duties will not be compromised: .
14: Schedule 1
1: Clause 2 subclause (4)
4: In the case of the Authority, include any activity or activity class to be delivered by the Commissioner.
5: In the case of an approved organisation, include any activity or activity classes that the approved organisation recommends for inclusion in the Authority's land transport programme for the next financial year.
2: Clause 12 subclause (1)
1A: Include any activity or activity class to be delivered by the Commissioner.
15: Schedule 5 The principal Act is amended by repealing clause 3
3: Any directions under clause 8 of Schedule 4
3A: The following matters:
a: the particular activity classes for which funds are to be provided by the Authority:
b: the level of funding for each of those activity classes:
c: the criteria for setting the proportion of funding to approved organisations for approved activities.
16: Technical amendments to principal Act
The principal Act is amended in the manner indicated in Schedule 1
17: Repeals
The following provisions of the principal Act are repealed:
a: section 28
b: sections 29 to 33
c: section 100(3) (4)
d: Schedule 3
18: Dissolution of Land Transport Safety Authority and Transfund
1: The Land Transport Safety Authority and Transfund New Zealand are dissolved.
2: Schedule 2
19: Amendments to enactments
1: The Acts specified in Part 1
2: The regulations specified in Part 2
20: General savings provision
Except as otherwise expressly provided in this Act, nothing in this Act affects the completion of a matter or thing, or the bringing or completion of proceedings, that relates to an existing right, interest, title, immunity, or duty.
21: Transitional regulations
Section 21 expired 1 July 2006 22
22: Expiry of
section 21 Section 21 2003 No 118 113