Reprint as at 1 August 2012

Land Transport Management Act 2003

Public Act2003 No 118
Date of assent12 November 2003
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.

This Act is administered by the Ministry of Transport.


Contents

1 Title

Part 1
Preliminary 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 2
Planning and funding of land transport system

Subpart 1Planning 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8 National land transport fund [Repealed]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[Repealed]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12A Authority's land transport programme [Repealed]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

[Repealed]

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

[Repealed]

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 2Road 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 3Regional 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 3
Land 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

[Repealed]

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

[Repealed]

88 Content of GPS

89 Agency to give effect to GPS in respect of funding of land transport system

Amendments and repeals

[Repealed]

90 Amending current GPS

91 Availability of GPS

Part 4
New Zealand Transport Agency, regional transport committees, and miscellaneous provisions

Subpart 1New Zealand Transport Agency

Savings provisions

[Repealed]

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 2Regional transport committees

105 Regional transport committees

106 Functions of regional transport committee

107 Procedure of committee

Subpart 3Miscellaneous

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 1
Provisions relating to programmes

[Repealed]

Schedule 2
Provisions relating to consultation under this Act

[Repealed]

Schedule 3
Provisions relating to safety administration programme

[Repealed]

Schedule 4
Provisions relating to Authority and Transit

[Repealed]

Schedule 5
Matters to be included in statement of intent

[Repealed]

Schedule 6
Consequential amendments to other Acts

[Repealed]

Schedule 7
Auckland regional land transport strategy and regional transport committee

[Repealed]

Land Transport Management Amendment Act 2008

Public Transport Management Act 2008

Reprint notes