Approval of activities and combinations of activities

Heading: inserted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

20 Approval of activities and combinations of activities

(1)

The Agency may approve an activity or combination of activities as qualifying for payments from the national land transport fund.

(2)

In approving a proposed activity or combination of activities, the Agency must be satisfied that—

(a)

the activity or combination of activities is included in the national land transport programme or qualifies under subsection (4); and

(b)

the national land transport programme continues to meet the requirements of section 19B; and

(c)

the activity or combination of activities is—

(i)

consistent with the GPS on land transport; and

(ii)

efficient and effective; and

(d)

the activity or combination of activities contributes to the Agency’s objective; and

(e)

the activity or combination of activities has, to the extent practicable, been assessed against other land transport options and alternatives; and

(f)

the relevant consultation requirements of this Act have been complied with.

(3)

In approving a proposed activity or combination of activities, the Agency must—

(a)

take into account—

(i)

any national energy efficiency and conservation strategy; and

(ii)

any relevant national policy statements and relevant regional policy statements that are for the time being in force under the Resource Management Act 1991; and

(b)

act in accordance with its operating principles.

(4)

Despite subsections (2) and (3), the Agency may approve for payment under subsection (1) any activity or combination of activities that, in the opinion of the Agency,—

(a)

are in the urgent interests of public safety; or

(b)

are necessary to effect immediate or temporary repair of damage caused by a sudden and unexpected event.

(5)

When approving an activity or combination of activities as qualifying for payments from the national land transport fund, the Agency must be satisfied that the expenditure on the national land transport programme and any expenses associated with any borrowing undertaken in accordance with section 10(1)(b) in the relevant financial year will not exceed the lesser of—

(a)

the maximum level of expenditure for the national land transport programme outlined in the GPS on land transport for that financial year and the actual or anticipated amount of the closing balance of the national land transport fund at the end of the previous financial year; or

(b)

the sum of—

(i)

the anticipated inflows to the national land transport fund in that financial year; and

(ii)

the actual or anticipated amount of the closing balance of the national land transport fund at the end of the previous financial year; and

(iii)

the allowable variation for that financial year specified in the GPS on land transport.

Section 20: substituted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 20(2)(c): replaced, on 13 June 2013, by section 33(1) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 20(2)(d): replaced, on 13 June 2013, by section 33(2) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 20(3): replaced, on 13 June 2013, by section 33(3) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 20(5)(a): amended, on 13 June 2013, by section 33(4) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 20(5)(b)(iii): amended, on 13 June 2013, by section 33(5) of the Land Transport Management Amendment Act 2013 (2013 No 35).