Land Transport Management Act 2003

Reprint as at 4 October 2013

Coat of Arms of New Zealand

Land Transport Management Act 2003

Public Act
 
2003 No 118
Date of assent
 
12 November 2003
Commencement
 
see section 2
Note

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

1Title
2Commencement
3Purpose
4Treaty of Waitangi
5Interpretation
6Meaning of land transport revenue
7Act binds the Crown
7AApplication of Act to Chatham Islands
8National land transport fund [Repealed]
9The Crown’s authority to incur certain land transport expenses and capital expenditure
[Repealed]
10National land transport fund
11Annual report on national land transport fund
12Overview of regional land transport programmes [Repealed]
12AAuthority’s land transport programme [Repealed]
13Responsibility for preparing and approving regional land transport plans
14Core requirements of regional land transport plans
15Core requirements of regional land transport programmes prepared by Auckland Transport [Repealed]
16Form and content of regional land transport plans
17Form and content of Auckland Transport’s regional land transport programmes [Repealed]
18Consultation requirements
18ACombining consultation processes
18BProcess for approving regional land transport plans prepared for regional councils
18CReasons for not including activities in Auckland’s regional land transport plan
18CAReview of regional land transport plans
18DVariation of regional land transport plans
18EChanges to certain activities or combinations of activities
18FAvailability of regional land transport plans
18GSeparate consultation with Māori on particular activities
18HMāori contribution to decision making
18IRecommendations for Police activities or combinations of Police activities
18JRequirements before recommending Police activities or combinations of Police activities
18KContent of recommendations under section 18I
18LApproval of recommendations
18MVariation of approval
19Overview of national land transport programme [Repealed]
19AResponsibility for preparing and adopting national land transport programme
19BCore requirements for national land transport programme
19CContent of national land transport programme
19DNotification about decision not to include activities in national land transport programme
19EVariation of national land transport programme
19FAvailability of national land transport programme
20Approval of activities and combinations of activities
20AMethods of assessment
20BAgency may impose terms and conditions
20CAgency must set rate of funding assistance
20DFunding decisions to be made available
21Funding for land transport research, education, or training [Repealed]
22Funding for Māori roadways
23Approval of public organisations
24Land transport disbursement accounts
25Procurement procedures
26Payments exempt from procurement procedure
26ANotice of exemption or approval of certain procurement procedures
27Manner in which certain local authority interests in public transport service must be held
[Repealed]
28Safety administration programme [Repealed]
29Approval of safety administration programme [Repealed]
30Agencies must adhere to safety administration programme [Repealed]
31Secretary must make safety administration programme available to public [Repealed]
32Secretary may submit supplementary safety administration programme [Repealed]
33Minister may approve supplementary safety administration programme [Repealed]
34Reports on outputs and programmes [Repealed]
35Needs of transport-disadvantaged must be considered
36Agency may reduce, refuse, or withhold payments in certain cases
37Disputes
38Provision of information
38AADuty to co-operate
38AGood reasons for refusing to supply requested information [Repealed]
[Repealed]
39Special provisions relating to Auckland Region [Repealed]
40Apportionment of excise duty and excise-equivalent duty [Repealed]
41Refund of excise duty, excise-equivalent duty, and GST
42Procedure for obtaining refund
43Offence and penalty
44Consequential repeal
45Regulations relating to sections 41 and 42
46Authority to establish road tolling scheme
47When tolling power is exercisable
48Procedure for recommending making of order under section 46
49Consultation requirements [Repealed]
50Privacy
51Payment of tolls
52Who is liable to pay toll
53Enforcement of tolls
54Offences and penalties
55Application of Fair Trading Act 1986
56Concession agreements [Repealed]
57When concession agreement may be entered into [Repealed]
58Approval process and relationship to national land transport programme [Repealed]
59Consultation requirements [Repealed]
60Terms of concession agreements [Repealed]
61Delegation of roading functions and powers
62Effect of delegation under section 61
63Leasing
64Registration of leases
65This Part and other land transport legislation enforceable in relation to toll roads
[Repealed]
[Repealed]
65AOverview of subpart [Repealed]
65BPurposes of subpart [Repealed]
65CInterpretation [Repealed]
65DApplication of subpart [Repealed]
[Repealed]
65EPreparation of proposed regional fuel tax scheme [Repealed]
65FCapital projects [Repealed]
65GGeneral information about proposed regional fuel tax scheme [Repealed]
65HPersons that must be consulted [Repealed]
65IConsultation principles and procedures [Repealed]
65JProposed regional fuel tax scheme to be lodged with relevant regional council [Repealed]
65KRelevant regional council’s decision concerning proposed regional fuel tax scheme [Repealed]
65LFunctions of Agency under this subpart [Repealed]
65MAdditional capital projects may be included in proposed regional fuel tax scheme for Auckland [Repealed]
65NDecisions of Ministers concerning proposed regional fuel tax scheme [Repealed]
65OOrder in Council establishing regional fuel tax scheme [Repealed]
65PProcedure for recommending making of Order in Council under section 65O(1) [Repealed]
[Repealed]
65QReview of regional fuel tax scheme [Repealed]
65RVariation of allocation of regional fuel tax revenue between capital projects [Repealed]
65SReplacement of regional fuel tax scheme [Repealed]
[Repealed]
65TWhen power to collect regional fuel tax is exercisable [Repealed]
65UPersons who must pay regional fuel tax [Repealed]
65VReturns [Repealed]
65WConfirmation of tax [Repealed]
65XAssessment presumed to be correct [Repealed]
65YAppeal against assessment [Repealed]
[Repealed]
65ZAccounting for regional fuel tax [Repealed]
65ZARegional fuel tax disbursement account [Repealed]
[Repealed]
65ZBRefund of regional fuel tax [Repealed]
65ZCProcedure for obtaining refund [Repealed]
[Repealed]
65ZDOffences and penalties [Repealed]
65ZERegulations [Repealed]
66Minister must issue GPS on land transport
67Preparation or review of GPS on land transport
68Content of GPS on land transport
69Status of GPS on land transport
70Agency to give effect to GPS on land transport in respect of funding of land transport system
71Availability of GPS on land transport
72Effect of national land transport strategy [Repealed]
[Repealed]
73Overview of regional land transport strategy [Repealed]
74Responsibility for preparing and approving regional land transport strategies [Repealed]
[Repealed]
75Core requirements for regional land transport strategies [Repealed]
76Other matters that must be taken into account [Repealed]
77Contents of regional land transport strategies [Repealed]
78Consultation requirements [Repealed]
79Process for approving regional land transport strategies [Repealed]
80Availability of regional land transport strategy [Repealed]
81Variation of regional land transport strategy [Repealed]
82Effect of regional land transport strategies [Repealed]
83Progress reports on regional land transport strategy [Repealed]
[Repealed]
84Overview of GPS [Repealed]
85Status of GPS [Repealed]
86Minister must issue GPS before national land transport programme [Repealed]
87Preparation of GPS [Repealed]
[Repealed]
88Content of GPS [Repealed]
89Agency to give effect to GPS in respect of funding of land transport system [Repealed]
[Repealed]
90Amending GPS on land transport
91Availability of amended GPS on land transport
[Repealed]
92Overview
93Establishment of New Zealand Transport Agency
94Objective of Agency
95Functions of Agency
96Operating principles
97Agency must consider delegating or contracting out functions and powers
98Agency’s board
99Use of certain words
100Statement of intent
101Secretary may monitor and review specified activities and procedures
102Monitoring and reporting on delivery of approved Police activities or combinations of Police activities
103Agency may declare State highways
104Government Superannuation Fund
105Regional transport committees
106Functions of regional transport committees
107Procedure of committee
108Public availability of documents
109Regulations
110Determinations under section 32(b) of Transit New Zealand Act 1989 [Repealed]
111Matters continued by this Part have effect until replaced or revoked under this Part [Repealed]
112Transitional regulations [Expired]
113Expiry of section 112 [Repealed]
114Application of certain provisions of Local Government Act 2002 to Auckland Transport
115Principles
116Public transport services must be provided under contract
117Purpose of regional public transport plans
118Validity of regional public transport plans not affected by certain events
119Adoption of regional public transport plans
120Contents of regional public transport plans
121Notification and provision of copies of plans
122When regional public transport plans take effect
123Good-faith exclusion of regional councils from liability to pay compensation
124Matters to take into account when adopting regional public transport plans
125Consultation requirements for regional public transport plans
126Currency and variation of regional public transport plans
127Power to require information from operators of public transport services
128Power to require information from regional councils and Auckland Transport
129Disclosure of information received under sections 127 and 128
130All exempt services to be registered
131Register of exempt services
132Contents of register to be made available to public
133Notification of proposal to operate or vary exempt services
134Grounds for declining registration or variation of exempt services
135Process for declining registrations or variations of exempt services
136Registration of and variation to exempt services
137Deregistration of exempt services and removing details of variations
138Process for deregistering exempt services or removing details of variations
139Withdrawal of exempt services
140Right to appeal to Environment Court
141Appeals to District Court
142Procedure for appeals to District Court
143Decisions of regional councils to continue in force pending appeals, etc
144Appeals to High Court on questions of law
145Further appeals to Court of Appeal
146Operating unregistered exempt services
147Operating public transport services that are not exempt or contracted
148Varying registered exempt services without giving notice required by section 133
149Power to inspect records
150Regulations
151Interpretation
152Transitional provisions for certain existing operators
153Transitional provisions for existing registered public transport services that will become exempt services
154Transitional provisions for other existing public transport services that will stop operating
155Transitional provisions for certain notifications
156Transitional provisions for certain existing documents or activities
157Transitional provision for existing contracted public transport services
158Savings provisions
159Transitional regulations
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Reprint notes