Reprint as at 4 October 2013

Land Transport Management Act 2003

Public Act2003 No 118
Date of assent12 November 2003
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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8 National land transport fund [Repealed]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[Repealed]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 plans

12 Overview of regional land transport programmes [Repealed]

12A Authority's land transport programme [Repealed]

13 Responsibility for preparing and approving regional land transport plans

14 Core requirements of regional land transport plans

15 Core requirements of regional land transport programmes prepared by Auckland Transport [Repealed]

16 Form and content of regional land transport plans

17 Form and content of Auckland Transport's regional land transport programmes [Repealed]

18 Consultation requirements

18A Combining consultation processes

18B Process for approving regional land transport plans prepared for regional councils

18C Reasons for not including activities in Auckland's regional land transport plan

18CA Review of regional land transport plans

18D Variation of regional land transport plans

18E Changes to certain activities or combinations of activities

18F Availability of regional land transport plans

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 [Repealed]

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 [Repealed]

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 [Repealed]

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

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 [Repealed]

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

Delegation

56 Concession agreements [Repealed]

57 When concession agreement may be entered into [Repealed]

58 Approval process and relationship to national land transport programme [Repealed]

59 Consultation requirements [Repealed]

60 Terms of concession agreements [Repealed]

61 Delegation of roading functions and powers

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 toll roads

Subpart 3Regional fuel tax

[Repealed]

Preliminary provisions

[Repealed]

65A Overview of subpart [Repealed]

65B Purposes of subpart [Repealed]

65C Interpretation [Repealed]

65D Application of subpart [Repealed]

Regional fuel tax schemes

[Repealed]

65E Preparation of proposed regional fuel tax scheme [Repealed]

65F Capital projects [Repealed]

65G General information about proposed regional fuel tax scheme [Repealed]

65H Persons that must be consulted [Repealed]

65I Consultation principles and procedures [Repealed]

65J Proposed regional fuel tax scheme to be lodged with relevant regional council [Repealed]

65K Relevant regional council’s decision concerning proposed regional fuel tax scheme [Repealed]

65L Functions of Agency under this subpart [Repealed]

65M Additional capital projects may be included in proposed regional fuel tax scheme for Auckland [Repealed]

65N Decisions of Ministers concerning proposed regional fuel tax scheme [Repealed]

65O Order in Council establishing regional fuel tax scheme [Repealed]

65P Procedure for recommending making of Order in Council under section 65O(1) [Repealed]

Review of regional fuel tax scheme

[Repealed]

65Q Review of regional fuel tax scheme [Repealed]

65R Variation of allocation of regional fuel tax revenue between capital projects [Repealed]

65S Replacement of regional fuel tax scheme [Repealed]

Collection of regional fuel tax

[Repealed]

65T When power to collect regional fuel tax is exercisable [Repealed]

65U Persons who must pay regional fuel tax [Repealed]

65V Returns [Repealed]

65W Confirmation of tax [Repealed]

65X Assessment presumed to be correct [Repealed]

65Y Appeal against assessment [Repealed]

Distribution of proceeds of regional fuel tax

[Repealed]

65Z Accounting for regional fuel tax [Repealed]

65ZA Regional fuel tax disbursement account [Repealed]

Refunds

[Repealed]

65ZB Refund of regional fuel tax [Repealed]

65ZC Procedure for obtaining refund [Repealed]

Miscellaneous

[Repealed]

65ZD Offences and penalties [Repealed]

65ZE Regulations [Repealed]

Part 3
Land transport strategic documents

GPS on land transport

66 Minister must issue GPS on land transport

67 Preparation or review of GPS on land transport

68 Content of GPS on land transport

69 Status of GPS on land transport

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

71 Availability of GPS on land transport

72 Effect of national land transport strategy [Repealed]

Regional land transport strategies

[Repealed]

73 Overview of regional land transport strategy [Repealed]

74 Responsibility for preparing and approving regional land transport strategies [Repealed]

Transit

[Repealed]

75 Core requirements for regional land transport strategies [Repealed]

76 Other matters that must be taken into account [Repealed]

77 Contents of regional land transport strategies [Repealed]

78 Consultation requirements [Repealed]

79 Process for approving regional land transport strategies [Repealed]

80 Availability of regional land transport strategy [Repealed]

81 Variation of regional land transport strategy [Repealed]

82 Effect of regional land transport strategies [Repealed]

83 Progress reports on regional land transport strategy [Repealed]

GPS

[Repealed]

84 Overview of GPS [Repealed]

85 Status of GPS [Repealed]

86 Minister must issue GPS before national land transport programme [Repealed]

87 Preparation of GPS [Repealed]

Miscellaneous provisions

[Repealed]

88 Content of GPS [Repealed]

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

Amendments and repeals

[Repealed]

90 Amending GPS on land transport

91 Availability of amended GPS on land transport

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 may monitor and review specified activities and procedures

102 Monitoring and reporting on delivery of approved Police activities or combinations of Police activities

103 Agency may declare State highways

104 Government Superannuation Fund

Subpart 2Regional transport committees

105 Regional transport committees

106 Functions of regional transport committees

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]

Part 5
Regulation of public transport

114 Application of certain provisions of Local Government Act 2002 to Auckland Transport

115 Principles

116 Public transport services must be provided under contract

Subpart 1Regional public transport plan

117 Purpose of regional public transport plans

118 Validity of regional public transport plans not affected by certain events

General requirements

119 Adoption of regional public transport plans

120 Contents of regional public transport plans

121 Notification and provision of copies of plans

122 When regional public transport plans take effect

123 Good-faith exclusion of regional councils from liability to pay compensation

124 Matters to take into account when adopting regional public transport plans

125 Consultation requirements for regional public transport plans

126 Currency and variation of regional public transport plans

127 Power to require information from operators of public transport services

128 Power to require information from regional councils and Auckland Transport

129 Disclosure of information received under sections 127 and 128

Subpart 2Registration of exempt services

Register of exempt services

130 All exempt services to be registered

131 Register of exempt services

132 Contents of register to be made available to public

133 Notification of proposal to operate or vary exempt services

134 Grounds for declining registration or variation of exempt services

135 Process for declining registrations or variations of exempt services

136 Registration of and variation to exempt services

137 Deregistration of exempt services and removing details of variations

138 Process for deregistering exempt services or removing details of variations

139 Withdrawal of exempt services

Subpart 3Miscellaneous

Appeals

140 Right to appeal to Environment Court

141 Appeals to District Court

142 Procedure for appeals to District Court

143 Decisions of regional councils to continue in force pending appeals, etc

144 Appeals to High Court on questions of law

145 Further appeals to Court of Appeal

Offences

146 Operating unregistered exempt services

147 Operating public transport services that are not exempt or contracted

148 Varying registered exempt services without giving notice required by section 133

149 Power to inspect records

Regulations

150 Regulations

Part 6
Transitional and savings provisions

151 Interpretation

152 Transitional provisions for certain existing operators

153 Transitional provisions for existing registered public transport services that will become exempt services

154 Transitional provisions for other existing public transport services that will stop operating

155 Transitional provisions for certain notifications

156 Transitional provisions for certain existing documents or activities

157 Transitional provision for existing contracted public transport services

158 Savings provisions

159 Transitional regulations

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

Reprint notes