95 Functions of Agency

(1)

The Agency has the following functions:

(a)

to contribute to an effective, efficient, and safe land transport system in the public interest:

(b)

to investigate and review accidents and incidents involving transport on land in its capacity as the responsible safety authority, subject to any limitations set out in the Transport Accident Investigation Commission Act 1990:

(c)

to manage the State highway system, including planning, funding, design, supervision, construction, and maintenance and operations, in accordance with this Act and the Government Roading Powers Act 1989:

(d)

to deliver or manage the delivery of its other activities, including (but not limited to) those relating to research, education, and training:

(e)

to manage funding of the land transport system, including (but not limited to)—

(i)

administration of land transport revenue; and

(ii)

auditing the performance of approved organisations in relation to activities approved by the Agency and the operation of the land transport disbursement accounts of approved organisations:

(f)

to manage regulatory requirements for transport on land, including (but not limited to) maintaining and preserving records and documents concerning activities within the land transport system, and maintaining registers:

(g)

to assist, advise, and co-operate with approved organisations:

(h)

to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Agency are satisfied that the performance of the Agency’s functions and duties will not be compromised:

(i)

to provide the Minister with any advice relating to the Agency’s functions that the Minister may request:

(ia)

to issue guidelines for, and monitor the development of, regional public transport plans:

(j)

to carry out any other functions relating to land transport that the Minister directs in accordance with section 112 of the Crown Entities Act 2004:

(k)

to carry out those functions conferred on the Agency by other provisions in this Act or under any other Act.

(2)

The Agency’s statutorily independent functions are to—

(a)

issue, endorse, alter, replace, renew, suspend, or revoke any land transport document or other authorisation under any enactment; and

(b)

grant exemptions under any enactment; and

(c)

enforce the provisions of any enactment conferring functions or duties on the Agency; and

(d)

determine whether particular activities should be included in a national land transport programme; and

(e)

approve activities or combinations of activities under section 20; and

(f)

approve procurement procedures.

(3)

In this section, land transport document includes—

(a)

a land transport document as defined in section 2(1) of the Land Transport Act 1998; and

(b)

a rail document as defined in section 4(1) of the Railways Act 2005.

Section 95: substituted, on 1 August 2008, by section 43 of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 95(1)(a): replaced, on 13 June 2013, by section 61(1) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 95(1)(d): replaced, on 13 June 2013, by section 61(2) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 95(1)(e)(i): amended, on 13 June 2013, by section 61(3) of the Land Transport Management Amendment Act 2013 (2013 No 35).

Section 95(1)(ia): inserted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).