New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
activity means a land transport output or capital project, or both
activity class means a grouping of similar activities
administration means the activities or components of activities that in the opinion of the Agency are, or reasonably ought to be, provided in administering the delivery of land transport-related activities
affected community, in relation to a proposed activity, means a group of people who are affected by the proposed activity because of living, studying, or working in close geographical proximity to the proposed activity
Agency means the New Zealand Transport Agency established under section 93
approved activity means an activity approved under section 20
approved organisation means—
(a) [Repealed]
(b) a regional council:
(c) a territorial authority:
(d) an approved public organisation
approved public organisation means a public organisation approved under section 23
ARTA means the Auckland Regional Transport Authority established by section 7 of the Local Government (Auckland) Amendment Act 2004
Auckland local authority has the same meaning as in section 4(1) of the Local Government (Auckland) Amendment Act 2004
Auckland Region has the same meaning as in section 4(1) of the Local Government (Auckland) Amendment Act 2004
Auckland Regional Council means the Auckland Regional Council referred to in Part 1 of Schedule 2 of the Local Government Act 2002
Auckland territorial authority has the same meaning as in section 4(1) of the Local Government (Auckland) Amendment Act 2004
capital project—
(a) means an individual land transport-related activity of a capital nature; and
(b) includes—
(i) planning, design, and supervision related to the particular capital project; and
(ii) construction and reconstruction; and
(iii) any activity of a capital nature the purpose of which is to improve public safety in relation to land transport; and
(iv) administration related to the particular capital project
coastal shipping means the carriage of coastal cargo by means of any ship (as defined in section 2(1) of the Maritime Transport Act 1994), being carriage that is authorised by or under section 198 of that Act
combination of activities means 2 or more activities from—
(a) the same activity class:
(b) 2 or more activity classes
Commissioner means the Commissioner of Police
concession agreement means an agreement or a suite of agreements approved under section 56 between a public road controlling authority and 1 or more other persons, being an agreement or agreements in respect of an activity that involves the leasing of land for roading purposes under Part 2 (whether or not the public road controlling authority is the lessor)
concession road means a formed or unformed road to which a concession agreement applies
concessionaire means a person who has a concession agreement with a public road controlling authority
council-controlled organisation has the same meaning as in section 6 of the Local Government Act 2002
council-controlled trading organisation has the same meaning as in section 6 of the Local Government Act 2002
Crown Bank Account has the same meaning as in the Public Finance Act 1989
district means—
(a) the district of a territorial authority:
(b) in relation to land in respect of which a Minister of the Crown is the council, that land
enforcement authority, in relation to a toll road, means the public road controlling authority named in the relevant Order in Council made under section 46
enforcement officer has the same meaning as in section 2(1) of the Land Transport Act 1998
excise duty means any excise duty payable on motor spirits, compressed natural gas, or liquefied petroleum gas under the Customs and Excise Act 1996
excise-equivalent duty means any excise-equivalent duty payable on motor spirits, compressed natural gas, or liquefied petroleum gas under the Customs and Excise Act 1996
fees and charges, when used in Part 2,—
(a) means the fees and charges prescribed for the purposes of the Road User Charges Act 1977 and the fees and charges prescribed for the purposes of Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; but
(b) does not include any infringement fee (whether recovered by an enforcement authority or under the Summary Proceedings Act 1957) or any other fine or penalty
financial year means a period of 12 months beginning on 1 July and ending on 30 June
GPS means a government policy statement issued under section 86
impact means the contribution made to an objective or outcome, including by a specified activity class or activity classes
land transport—
(a) means—
(i) transport on land by any means:
(ii) the infrastructure, goods, and services facilitating that transport; and
(b) includes—
(i) coastal shipping (including transport by means of harbour ferries, or ferries or barges on rivers or lakes) and associated infrastructure:
(ii) the infrastructure, goods, and services (including education and enforcement), the primary purpose of which is to improve public safety in relation to the kinds of transport described in paragraph (a)(i)
land transport disbursement account means an account kept under section 24
land transport options and alternatives includes land transport demand management options and alternatives
land transport revenue has the meaning given to it by section 6
local authority has the same meaning as in section 5(1) of the Local Government Act 2002
local road means a road (other than a State highway) in the district, and under the control, of a territorial authority
Māori land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993
Māori roadway means a roadway laid out or to be laid out by order of the Maori Land Court under sections 315 to 326 of Te Ture Whenua Maori Act 1993 or laid out under any former Act relating to Māori land
Minister or responsible Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
minor and ancillary works—
(a) means works associated with a local road that are determined by the Agency to be minor and ancillary roading works; but
(b) does not include in-house professional services or works associated with a State highway
motor spirits does not include aviation spirits of a kind specified in Schedule 3 of the Customs and Excise Act 1996 as aviation fuel
motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998
national energy efficiency and conservation strategy means a strategy issued under the Energy Efficiency and Conservation Act 2000
national land transport fund or fund means the fund established under section 10
national land transport programme means a national land transport programme adopted under section 19, as from time to time amended or varied
national land transport strategy means a national land transport strategy prepared under Part 3
new road includes a lane that is added to an existing road
outcome has the same meaning as in section 2 of the Public Finance Act 1989
outputs means goods or services
personal information has the same meaning as in section 2(1) of the Privacy Act 1993
Police means the Police of New Zealand within the meaning of the Policing Act 2008
procurement procedure means a procurement procedure approved under section 25
public organisation means—
(a) a Minister of the Crown:
(b) a department of State:
(c) a Crown entity (as defined in section 7 of the Crown Entities Act 2004):
(ca) an organisation named or described in Schedule 4 of the Public Finance Act 1989:
(d) a State enterprise (as defined in section 2 of the State-Owned Enterprises Act 1986):
(e) a local authority:
(f) a council-controlled organisation
public road controlling authority, in relation to a concession road or a toll road, means the Agency or a territorial authority, regardless of whether any other person is also a controlling authority for the road
public transport service means the carriage of passengers for hire or reward by means of—
(a) a large passenger service vehicle as defined in section 2(1) of the Land Transport Act 1998; or
(b) a small passenger service vehicle as defined in section 2(1) of the Land Transport Act 1998; or
(c) a ferry; or
(d) a rail vehicle as defined in section 4(1) of the Railways Act 2005; or
(e) a hovercraft; or
(f) any other mode of transport (other than air transport) available to the public generally
regional council—
(a) means a regional council within the meaning of the Local Government Act 2002; and
regional land transport programme means a regional land transport programme prepared under Part 2, as from time to time amended or varied
regional land transport strategy means a regional land transport strategy prepared under Part 3
regional public transport plan has the same meaning as in section 4 of the Public Transport Management Act 2008
regional transport committee means a regional transport committee established under section 105 or clause 11 of Schedule 7
registered owner, in relation to a motor vehicle, means the person registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 as the owner of the vehicle
registered service has the same meaning as in section 4 of the Public Transport Management Act 2008
road—
(a) means a road as defined in section 2(1) of the Government Roading Powers Act 1989; and
(b) despite the terms of that definition, in subpart 2 of Part 2, includes a motorway as defined in that section; and
(c) includes toll booths and other toll-related infrastructure on a road
road includes a motorway
road controlling authority, in relation to a road, means the Minister, Department of State, Crown entity, State enterprise, or territorial authority that controls the road
road tolling scheme means a road tolling scheme established by Order in Council under section 46
Secretary means the chief executive of the Ministry
State highway means a road, whether or not constructed or vested in the Crown, that is declared to be a State highway under section 11 of the National Roads Act 1953, section 60 of the Government Roading Powers Act 1989 (formerly known as the Transit New Zealand Act 1989), or under section 103; and includes—
(a) all land along or contiguous with its route that is the road; and
(b) any part of an intersection that is within the route of the State highway; and
(c) for the purposes of regional land transport programmes, the national land transport programme, and any expenditures approved under section 20 by the Agency, a proposed State highway
statutorily independent function means,—
(a) in the case of the Agency, a function specified in section 95(2):
(b) a matter in respect of which this Act provides must be carried out independently
territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002
toll means a toll that is payable under Part 2, and includes different levels of tolls if more than 1 level is set in respect of the same road
toll operator, in relation to a toll road, means the public road controlling authority or concessionaire who operates the toll road under a road tolling scheme
toll road means a road or part of a road that is subject to tolling under a road tolling scheme
unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002.
(2) Every reference in this Act to a road or a State highway, unless the context otherwise requires, includes the land on which the road or State highway exists, and also includes all bridges, culverts, ferries, fords, signs, signals, barriers, or other structures forming or intended by the territorial authority or the Agency to form part of the road, State highway, or land.
(3) For the purposes of performing any function or exercising any power or carrying out any duty in relation to construction, maintenance, financial assistance, or control under this Act, the Agency may from time to time determine, either generally or in relation to any specified road or to any portion or side of any specified road, what part of a road is a carriageway, footway, water table, drain, dividing strip, traffic island, safety zone, plantation, verge, shoulder, parking space, curb, channel, or other thing, and every such determination of the Agency is final but may at any time be amended or revoked by the Agency.
(4) A determination by the Agency for the purposes of subsection (3) in relation to any road or portion of a road may be made by express resolution of the Agency or by way of approval by the Agency of a plan that delineates the several parts of the road or portion of the road.
(5) All references to a main highway in any other Act, or in any regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, declaration, or other document are, unless inconsistent with the context or with the provisions of this Act or the Government Roading Powers Act 1989, to be read as references to a State highway.
Section 5(1) activity class: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) administration: amended, on 1 August 2008, by section 6(5) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) administration: amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) Agency: inserted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) approved organisation paragraph (a): repealed, on 1 August 2008, by section 6(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) approved safety administration programme: repealed, on 1 December 2004, by section 3(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) ARTA: inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 5(1) Auckland local authority: inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 5(1) Auckland Region: inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 5(1) Auckland Regional Council: inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 5(1) Auckland territorial authority: inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).
Section 5(1) Authority: repealed, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) board: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) board member: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) collecting body: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) combination of activities: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) entity: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) financial year: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) GPS: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) impact: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) interested: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1) land transport: substituted, on 1 December 2004, by section 3(2) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) land transport programme: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) Minister or responsible Minister: substituted, on 1 December 2004, by section 3 of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) minor and ancillary works paragraph (a): amended, on 1 August 2008, by section 6(6) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1): minor and ancillary works: amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) national energy efficiency and conservation strategy: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) national land transport account: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) national land transport fund or fund: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) national land transport strategy: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) outcome: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) performance agreement: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1) Police: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) Police: amended, on 1 October 2008, pursuant to section 130(4) of the Policing Act 2008 (2008 No 72).
Section 5(1) public organisation paragraph (c): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1) public organisation paragraph (ca): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1) public road controlling authority: amended, on 1 August 2008, by section 6(7) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) public transport service: substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 5(1) regional council: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) regional land transport committee: repealed, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) regional land transport programme: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) regional land transport strategy: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) regional public transport plan: inserted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 5(1) regional transport committee: inserted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) registered service: substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 5(1) road first definition paragraph (a): amended, on 1 August 2008, by section 6(8) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) road second definition: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) safety administration: repealed, on 1 December 2004, by section 3(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) safety administration programme: repealed, on 1 December 2004, by section 3(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) State highway: substituted, on 1 August 2008, by section 6(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) statutorily independent function paragraph (a): amended, on 1 August 2008, by section 6(9)(a) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) statutorily independent function paragraph (a): amended, on 1 August 2008, by section 6(9)(b) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) statutorily independent function paragraph (a): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) statutorily independent function paragraph (b): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1) Transfund: repealed, on 1 December 2004, by section 3(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 5(1) Transit: repealed, on 1 August 2008, by section 6(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(1) unitary authority: inserted, on 1 August 2008, by section 6(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(2): added, on 1 August 2008, by section 6(10) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(3): added, on 1 August 2008, by section 6(10) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(4): added, on 1 August 2008, by section 6(10) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 5(5): added, on 1 August 2008, by section 6(10) of the Land Transport Management Amendment Act 2008 (2008 No 47).