Tauranga District Council (Route K Toll) Empowering Act 2000

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as at 1 January 2009

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Tauranga District Council (Route K Toll) Empowering Act 2000

Local Act2000 No 1
Date of assent12 December 2000
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

1 Title

  • This Act is the Tauranga District Council (Route K Toll) Empowering Act 2000.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation

  • In this Act, unless the context otherwise requires,—

    authorised officer means a person authorised by the Council to collect tolls

    Council means the Tauranga District Council

    PJK Junction means the junction that—

    • (b) is the junction between Route K, the Waikareao Expressway (Route P), and Route J; and

    • (c) is to be constructed on a piece of land containing 49.9236 hectares, more or less, situated in the Tauranga Survey District, and being part of Allotment 523, Te Papa Parish (which Allotment is shown on SO Plan 1826A)

    Route K means the road (approximately 4.5 kilometres in length) between State Highway 29 and the beginning of the PJK Junction to be constructed on the land described in Schedule 2; and includes all necessary approaches, links, buildings, erections, structures, and other works

    special consultative procedure means, in relation to a proposal, the procedure prescribed by section 716A of the Local Government Act 1974

    working day means any day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

4 Levying and collection of tolls

  • (1) The Council may, in accordance with this Act, levy and collect tolls in respect of the use of Route K by vehicles.

    (2) Tolls may be levied and collected in respect of one or both directions of travel.

5 Application of tolls payable under this Act

  • The Council may use the tolls levied and collected under this Act only for the purposes of paying costs, charges, and expenses incurred by the Council—

    • (a) in constructing and maintaining Route K, the interchange between Route K and State Highway 29, and the PJK Junction; and

    • (b) in constructing and maintaining toll barriers, toll houses, and other works on Route K; and

    • (c) in operating toll facilities that are located on Route K and relate to the levying and collection of the tolls.

6 Annual estimates concerning tolls

  • (1) The Council must, in accordance with the special consultative procedure, prepare and adopt, for the financial year beginning on 1 July 2001 and for each subsequent financial year, a report setting out a set of estimates in relation to the tolls to be collected and applied under this Act.

    (2) The report prepared and adopted under subsection (1) (which must be prepared and adopted by the Council at the same time as it prepares and adopts its annual plan under section 223D of the Local Government Act 1974) must be separate from that annual plan.

    (3) The estimates to be set out in the report required by subsection (1) are the Council's estimates of—

    • (a) the total amount that, in the financial year to which the report relates, the Council expects to receive by way of tolls levied and collected under this Act; and

    • (b) the date on which tolls in respect of the use of Route K will cease to be levied and collected and the use of Route K will become toll-free to the public.

    (4) The Council must, not later than 5 working days after giving public notice under section 716A(1)(b) of the Local Government Act 1974 of a proposal to adopt a report under subsection (1) of this section, send a copy of the proposal to the Secretary (within the meaning of the Land Transport Act 1998).

    (5) A report under subsection (1) must be adopted, before the end of the third month of the financial year to which the report relates, at a meeting of the Council.

    (6) Where the Council adopts a report under this section, it—

    • (a) must make that report available for public inspection at its offices and libraries; and

    • (b) must, as soon as practicable after its adoption, publish the report in at least 2 daily newspapers circulating in the City of Tauranga; and

    • (c) must make copies of the report available to the public—

      • (i) free of charge; or

      • (ii) at a reasonable charge; and

    • (d) must, within 20 working days after its adoption, send copies of that report to—

      • (ii) the Controller and Auditor-General; and

      • (iii) the Parliamentary Library.

    (7) Nothing in this section—

    • (a) limits the Council's obligations in respect of its annual plan; or

    • (b) prevents the Council including the estimates referred to in subsection (3) both in its annual plan and in the separate report required by subsection (1).

7 Annual report about tolls

  • (1) The Council must prepare and adopt in respect of the financial year beginning on 1 July 2001 and in respect of each subsequent year a report containing, for the financial year to which the report relates, the following audited financial statements:

    • (a) a statement setting out the rates of the tolls payable under this Act at any time in that financial year:

    • (b) a statement of the total amount collected by way of tolls under this Act in that financial year, which statement must include the total amount collected in that financial year in respect of each type of vehicle in respect of which a toll was payable:

    • (c) a statement of the total amount of any money (other than tolls) paid to the Council under this Act in that financial year:

    • (d) a statement of the way in which the total amount collected by way of tolls under this Act in that financial year has been applied, which statement must specify, in relation to that financial year,—

      • (i) the amount used in meeting costs, charges, and expenses of constructing Route K:

      • (ii) the amount used in meeting costs, charges, and expenses of maintaining Route K:

      • (iii) the amount used in meeting costs, charges, and expenses of constructing the interchange between Route K and State Highway 29:

      • (iv) the amount used in meeting costs, charges, and expenses of maintaining the interchange between Route K and State Highway 29:

      • (v) the amount used in meeting costs, charges, and expenses of constructing the PJK Junction:

      • (vi) the amount used in meeting costs, charges, and expenses of maintaining the PJK Junction:

      • (vii) the amount used in meeting costs, charges, and expenses of constructing toll barriers, toll houses, and other works on Route K:

      • (viii) the amount used in meeting costs, charges, and expenses of maintaining toll barriers, toll houses, and other works on Route K:

      • (ix) the amount used in meeting costs, charges, and expenses of operating toll facilities that are located on Route K and relate to the levying and collection of the tolls:

      • (x) particulars of the manner in which the balance of that total amount has been applied, which particulars must include, where any part of that balance has been paid into an account, the name of that account and the amount paid into it in that financial year:

      • (xi) any amounts, being tolls collected under this Act in earlier financial years or amounts derived from tolls collected under this Act in earlier financial years, that have been used in that financial year to meet costs, charges, and expenses of the kind listed in subparagraphs (i) to (ix).

    (2) The report prepared and adopted under subsection (1) of this section (which must be prepared and adopted by the Council at the same time as it prepares and adopts its annual report under section 223E of the Local Government Act 1974) must be separate from that annual report.

    (3) The report adopted under subsection (1) must be adopted before the end of the fifth month after the close of the financial year to which the report relates.

    (4) Where the Council adopts a report under this section, it—

    • (a) must make that report available for public inspection at its offices and libraries; and

    • (b) must, as soon as practicable after its adoption, publish the report in at least 2 daily newspapers circulating in the City of Tauranga; and

    • (c) must make copies of the report available to the public—

      • (i) free of charge; or

      • (ii) at a reasonable charge; and

    • (d) must, within 20 working days after its adoption, send copies of that report to—

      • (ii) the Controller and Auditor-General; and

      • (iii) the Parliamentary Library.

    (5) Nothing in this section—

    • (a) limits the Council's obligations in respect of its annual report; or

    • (b) prevents the Council including the audited statements referred to in subsection (1) both in its annual report and in the separate report required by that subsection.

8 Rates of tolls

  • (1) The tolls payable under this Act (which are to be payable only in respect of vehicles that use Route K) are to be payable at such rate or rates as are prescribed by bylaws made under this Act.

    (2) Different provision may be made in the bylaws—

    • (a) for different types of vehicle or different types of toll, or for particular vehicles or particular tolls; or

    • (b) for different times of the day or for different days or for different days of the year.

9 Publication of rates of tolls

  • (1) The Council must publish in at least 2 daily newspapers circulating in the City of Tauranga every bylaw prescribing or amending the rate of any toll payable under this Act.

    (2) Publication under subsection (1) must take place at least 28 days before the toll or the amended toll, as the case may require, becomes payable.

10 Display of rates of tolls

  • The rates of tolls for the time being in force under this Act must be clearly displayed in a conspicuous place on Route K at or near the place at which the tolls are payable.

11 Facilities for collection of tolls

  • For the purpose of collecting tolls payable under this Act, the Council may construct on Route K such toll barriers, toll houses, and other works as the Council considers necessary.

12 Liability for payment of tolls

  • (1) Subject to subsections (2) and (3), the person who is in charge or control of any vehicle in respect of which a toll is payable under this Act is liable for the payment of that toll.

    (2) If the registered owner of a vehicle has paid, or has undertaken to pay, to the Council the amount of any toll payable under this Act in respect of that vehicle, any other person in charge or control of that vehicle who, in accordance with section 13(c), delivers to an authorised officer at the toll barrier a voucher to that effect is not liable for the payment of the toll.

    (3) If the registered owner of a vehicle has, under section 18, entered into a contract with the Council for the payment of any toll payable under this Act in respect of that vehicle, that registered owner is liable for the payment of the toll.

13 Payment of toll

  • A toll must be paid—

    • (a) by the payment to an authorised officer at the toll barrier of the amount of the toll; or

    • (b) by the placement in the coin receptacle of an automatic toll collecting machine of 1 or more coins totalling the amount of the toll; or

    • (c) by the delivery to an authorised officer at the toll barrier of a voucher (in a form approved by the Council) that indicates that the registered owner of the vehicle has paid to the Council, or has undertaken to pay to the Council, the amount of the toll; or

    • (d) by account, pursuant to a contract with the Council under this Act; or

    • (e) by any form of stored value card.

14 Powers in respect of non-payment

  • If any toll payable under this Act remains unpaid after it has become due for payment, the Council may—

    • (a) refuse to allow the vehicle in respect of which the toll is payable to proceed along Route K; or

    • (b) recover as a debt from the person liable to pay the toll the amount of the toll, together with all expenses involved in the collection of the toll.

15 Exemption from payment of tolls

  • (1) No toll under this Act is payable in respect of any vehicle engaged in carrying any of the following persons:

    • (a) the Governor-General and every person in attendance on the Governor-General:

    • (b) every member of any of the Armed Forces of Her Majesty when on duty or going to or returning from duty and in the uniform of that member's corps:

    • (c) every constable on duty, and every prisoner in the custody of a constable:

    • (d) any Minister of the Crown or any employee of the Crown or any employee or member of the New Zealand Transport Agency whilst engaged on business connected with Route K or with the administration of this Act:

    • (e) such other persons or vehicles or classes of persons or vehicles as may be prescribed in bylaws made under this Act.

    (2) Tolls are not payable in respect of fire engines and vehicles used for extinguishing fires, or in respect of ambulances.

    (3) Tolls are not payable in respect of licensed public passenger service vehicles on defined and scheduled runs, not being small passenger service vehicles as defined by the Public Transport Management Act 2008.

    Section 15(1)(d): amended, on 1 August 2008, pursuant to clause 28 of Schedule 2 of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 15(3): amended, on 1 January 2009, pursuant to section 63(1) of the Public Transport Management Act 2008 (2008 No 87).

16 Bylaws

  • The Council may make such bylaws not inconsistent with this Act or with any other Act as it thinks fit for all or any of the following purposes:

    • (a) levying and collecting tolls under this Act, and prescribing the rates of those tolls:

    • (b) exempting any persons or vehicles or classes of persons or vehicles from payment of tolls levied under this Act:

    • (c) providing for the issue, upon payment of a fee, of vouchers or stored value cards for the payment of tolls levied under this Act.

17 Special consultative procedure and bylaws

  • (1) The Council must adopt the special consultative procedure in relation to any proposal to make bylaws under this Act.

    (2) Subsection (1)—

    • (a) does not apply in respect of the confirmation of a resolution to make bylaws under this Act; or

    • (b) limit the provisions of sections 681 and 716B of the Local Government Act 1974 that relate to the confirmation of a special order making bylaws.

18 Power of Council to enter into contracts for payment of tolls

  • The Council may enter into a contract with the registered owner of any vehicle for the purpose of providing for the payment by that owner of any tolls payable under this Act in respect of that vehicle.

19 Offences

  • A person commits an offence and is liable on summary conviction to a fine not exceeding $500 who—

    • (a) evades the payment of any toll payable by that person; or

    • (b) resists or obstructs any authorised officer in the execution of his or her duty; or

    • (c) falsely claims exemption from any toll.

Schedule 1
PJK Junction

s 3

.

Schedule 2
Land on which Route K is to be constructed

s 3

All those pieces of land situated in the City of Tauranga and being—

Lot No Plan NoDescription Area
Lot 32 DPS 71310Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 No 3.3 58 232 m2
Lot 2 DP 24262Part Allotment 528, Te Papa Parish, City of Tauranga 8 801 m2
Lot 3 DPS 60348Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 No 3.3 16 875 m2
Lot 5 DPS 47965Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 No 3.3 22 105 m2
Lot 6 DPS 47965Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 No 3.3 18 782 m2
Lot 2 DPS 81539Block XIII, Tauranga Survey District 76 568 m2
Area A on SO 60907, being part Lot 4 DPS 13011Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 No 3.3 4 391 m2
Area A on SO 60865, being part Lot 7 DPS 53732Blocks XIII and XIV, Tauranga Survey District, NZMS 261 series, Sheet U14 Nos 3.3 and 4.3 15 169 m2
Part Lot 16 DPS 53732Blocks XIII and XIV, Tauranga Survey District, NZMS 261 series, Sheet U14 Nos 3.3 and 4.3 58 397 m2
Lot 32 DPS 58592Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 Nos 3.3 and 4.3 10 703 m2
Lot 33 DPS 58592Block XIII, Tauranga Survey District, NZMS 261 series, Sheet U14 Nos 3.3 and 4.3 13 467 m2
Lot 2 DPS 80270Blocks IX, X, XIII, and XIV, Tauranga Survey District 120 040 m2
Lot 1 DPS 30422Blocks IX, X, XIII, and XIV, Tauranga Survey District 37 697 m2
Part Allotment 524, Te Papa Parish SO 1826Tauranga Survey District 44 231 m2
Part Lot 2 DPS 100Blocks IX, X, and XIV, Tauranga Survey District 2 812 m2
Lot 1 DP 15388Allotment 525, Te Papa Parish, City of Tauranga 186 708 m2

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Tauranga District Council (Route K Toll) Empowering Act 2000. The reprint incorporates all the amendments to the Act as at 1 January 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Public Transport Management Act 2008 (2008 No 87): section 63(1)

    Land Transport Management Amendment Act 2008 (2008 No 47): clause 28, Schedule 2