Reprint as at 1 August 2012
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.
This Act is administered by the Ministry of Transport.
1 Title
Part 1Preliminary provisions
2 Commencement
3 Purpose
4 Treaty of Waitangi
5 Interpretation
6 Meaning of land transport revenue
7 Act binds the Crown
7A Application of Act to Chatham Islands
Part 2Planning and funding of land transport system
Subpart 1—Planning and funding system
National land transport fund
8 National land transport fund [Repealed]
9 The Crown’s authority to incur certain land transport expenses and capital expenditure
National land transport account
[Repealed]
10 National land transport fund
11 Annual report on national land transport fund
Regional land transport programmes
12 Overview of regional land transport programmes
12A Authority's land transport programme [Repealed]
13 Responsibility for preparing and approving regional land transport programmes
14 Core requirements of regional land transport programmes prepared by regional transport committees
15 Core requirements of regional land transport programmes prepared by Auckland Transport
16 Form and content of regional land transport programmes (for regions other than Auckland)
17 Form and content of Auckland Transport's regional land transport programmes
18 Consultation requirements
18A Consultation principles
18B Process for approving regional land transport programmes prepared by regional transport committees
18C Auckland Transport must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency
18D Variation of regional land transport programmes
18E Changes to certain activities or combinations of activities
18F Availability of regional land transport programmes
18G Separate consultation with Māori on particular activities
18H Māori contribution to decision making
Police activities or combinations of Police activities
18I Recommendations for Police activities or combinations of Police activities
18J Requirements before recommending Police activities or combinations of Police activities
18K Content of recommendations under section 18I
18L Approval of recommendations
18M Variation of approval
National land transport programme
19 Overview of national land transport programme
19A Responsibility for preparing and adopting national land transport programme
19B Core requirements for national land transport programme
19C Content of national land transport programme
19D Notification about decision not to include activities in national land transport programme
19E Variation of national land transport programme
19F Availability of national land transport programme
Approval of activities and combinations of activities
20 Approval of activities and combinations of activities
20A Methods of assessment
20B Agency may impose terms and conditions
20C Agency must set rate of funding assistance
20D Funding decisions to be made available
21 Funding for land transport research, education, or training [Repealed]
22 Funding for Māori roadways
Public organisations
23 Approval of public organisations
Land transport disbursement accounts
24 Land transport disbursement accounts
Procurement procedures
25 Procurement procedures
26 Payments exempt from procurement procedure
26A Notice of exemption or approval of certain procurement procedures
Local authority interests in public transport services
27 Manner in which certain local authority interests in public transport service must be held
Safety administration programme
28 Safety administration programme [Repealed]
29 Approval of safety administration programme [Repealed]
30 Agencies must adhere to safety administration programme [Repealed]
31 Secretary must make safety administration programme available to public [Repealed]
32 Secretary may submit supplementary safety administration programme [Repealed]
33 Minister may approve supplementary safety administration programme [Repealed]
34 Reports on outputs and programmes [Repealed]
General provisions
35 Needs of transport disadvantaged must be considered
36 Agency may reduce, refuse, or withhold payments in certain cases
37 Disputes
38 Provision of information
38AA Duty to co-operate
38A Good reasons for refusing to supply requested information
Infrastructure Auckland
39 Special provisions relating to Auckland Region [Repealed]
Diversion of excise duty and excise-equivalent duty to national land transport fund
40 Apportionment of excise duty and excise-equivalent duty
41 Refund of excise duty, excise-equivalent duty, and GST
42 Procedure for obtaining refund
43 Offence and penalty
44 Consequential repeal
45 Regulations relating to sections 41 and 42
Subpart 2—Road tolling schemes and concession agreements
Road tolling schemes
46 Authority to establish road tolling scheme
47 When tolling power is exercisable
48 Procedure for recommending making of order under section 46
49 Consultation requirements
50 Privacy
51 Payment of tolls
52 Who is liable to pay toll
53 Enforcement of tolls
54 Offences and penalties
55 Application of Fair Trading Act 1986
Concession agreements for roads
56 Concession agreements
57 When concession agreement may be entered into
58 Approval process and relationship to national land transport programme
59 Consultation requirements
60 Terms of concession agreements
61 Delegation of roading functions and powers to concessionaires
62 Effect of delegation under section 61
63 Leasing
64 Registration of leases
Enforcement of this Part and other land transport legislation
65 This Part and other land transport legislation enforceable in relation to concession roads and toll roads
Subpart 3—Regional fuel tax
Preliminary provisions
65A Overview of subpart
65B Purposes of subpart
65C Interpretation
65D Application of subpart
Regional fuel tax schemes
65E Preparation of proposed regional fuel tax scheme
65F Capital projects
65G General information about proposed regional fuel tax scheme
65H Persons that must be consulted
65I Consultation principles and procedures
65J Proposed regional fuel tax scheme to be lodged with relevant regional council
65K Relevant regional council’s decision concerning proposed regional fuel tax scheme
65L Functions of Agency under this subpart
65M Additional capital projects may be included in proposed regional fuel tax scheme for Auckland
65N Decisions of Ministers concerning proposed regional fuel tax scheme
65O Order in Council establishing regional fuel tax scheme
65P Procedure for recommending making of Order in Council under section 65O(1)
Review of regional fuel tax scheme
65Q Review of regional fuel tax scheme
65R Variation of allocation of regional fuel tax revenue between capital projects
65S Replacement of regional fuel tax scheme
Collection of regional fuel tax
65T When power to collect regional fuel tax is exercisable
65U Persons who must pay regional fuel tax
65V Returns
65W Confirmation of tax
65X Assessment presumed to be correct
65Y Appeal against assessment
Distribution of proceeds of regional fuel tax
65Z Accounting for regional fuel tax
65ZA Regional fuel tax disbursement account
Refunds
65ZB Refund of regional fuel tax
65ZC Procedure for obtaining refund
Miscellaneous
65ZD Offences and penalties
65ZE Regulations
Part 3Land transport strategic documents
National land transport strategy
66 Overview of national land transport strategy
67 Responsibility for completing national land transport strategy
68 Core requirements of national land transport strategy
69 Form and content of national land transport strategy
70 Procedure for completing national land transport strategy
71 Availability of national land transport strategy
72 Effect of national land transport strategy
Regional land transport strategies
73 Overview of regional land transport strategy
74 Responsibility for preparing and approving regional land transport strategies
Transit
75 Core requirements for regional land transport strategies
76 Other matters that must be taken into account
77 Contents of regional land transport strategies
78 Consultation requirements
79 Process for approving regional land transport strategies
80 Availability of regional land transport strategy
81 Variation of regional land transport strategy
82 Effect of regional land transport strategies
83 Progress reports on regional land transport strategy
GPS
84 Overview of GPS
85 Status of GPS
86 Minister must issue GPS before national land transport programme
87 Preparation of GPS
Miscellaneous provisions
88 Content of GPS
89 Agency to give effect to GPS in respect of funding of land transport system
Amendments and repeals
90 Amending current GPS
91 Availability of GPS
Part 4New Zealand Transport Agency, regional transport committees, and miscellaneous provisions
Subpart 1—New Zealand Transport Agency
Savings provisions
92 Overview
93 Establishment of New Zealand Transport Agency
94 Objective of Agency
95 Functions of Agency
96 Operating principles
97 Agency must consider delegating or contracting out functions and powers
98 Agency’s board
99 Use of certain words
100 Statement of intent
101 Secretary must monitor and review specified activities and procedures
102 Monitoring and reporting on delivery of approved Police activities or combinations of Police activities
103 Secretary may declare State highways
104 Government Superannuation Fund
Subpart 2—Regional transport committees
105 Regional transport committees
106 Functions of regional transport committee
107 Procedure of committee
Subpart 3—Miscellaneous
108 Public availability of documents
109 Regulations
110 Determinations under section 32(b) of Transit New Zealand Act 1989 [Repealed]
111 Matters continued by this Part have effect until replaced or revoked under this Part [Repealed]
112 Transitional regulations [Expired]
113 Expiry of section 112 [Repealed]
Schedule 1Provisions relating to programmes
Schedule 2Provisions relating to consultation under this Act
Schedule 3Provisions relating to safety administration programme
Schedule 4Provisions relating to Authority and Transit
Schedule 5Matters to be included in statement of intent
Schedule 6Consequential amendments to other Acts
Schedule 7Auckland regional land transport strategy and regional transport committee
Land Transport Management Amendment Act 2008
Public Transport Management Act 2008
Reprint notes