(1) In accordance with any regulations made under section 109(b)(i), the Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount agreed by the responsible Minister and the Minister of Finance that is not more than the excise duty and excise-equivalent duty estimated to have been paid by users of pleasure craft (within the meaning of section 2(1) of the Maritime Transport Act 1994) in that financial year, for the following activities and services:

• (a) search and rescue activities, whether in relation to pleasure craft or otherwise; and

• (b) recreational boating safety and safety awareness; and

• (c) maritime safety services that benefit the users of pleasure craft; and

• (d) administration by the Secretary in relation to the activities and services described in paragraphs (a) to (c).

(2) The Crown may utilise land transport revenue to fund Police activities or combinations of Police activities up to the amount approved by the responsible Minister under section 18L.

(3) The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure up to an amount equal to the land transport revenue for that financial year less the amounts for the year that are referred to in subsections (1) and (2) for—

• (a) activities and combinations of activities approved under section 20; and

• (b) expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)(b).

(4) The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in any financial year up to any positive amount calculated under subsection (5) for—

• (a) activities and combinations of activities approved under section 20; and

• (b) expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)(b).

(5) The amount referred to in subsection (4) is to be calculated in accordance with the following formula:

(1) The national land transport fund is the cumulative balance of—

• (a) the inflows specified in subsection (2), less any expenses and capital expenditure and repayment items of the type outlined in subsection (3) that have been accrued at any point in time; and

• (b) the proceeds of any borrowing undertaken for the purpose of managing cashflow for the national land transport programme by—

  • (i) the Agency, in accordance with section 162 of the Crown Entities Act 2004; or

  • (ii) the Crown, in accordance with subpart 1 of Part 6 of the Public Finance Act 1989.

(2) The inflows of the national land transport fund are—

• (a) land transport revenue, less any expenses or capital expenditure incurred under section 9(1):

• (b) any revenue received by the Agency for the management of Crown land, including leases and licences:

• (c) any proceeds from the sale of land held or acquired for the purposes of a State highway or any proposed State highway:

• (d) any interest earned by the Agency from the investment of cash from the moneys referred to in paragraphs (a) to (c):

• (e) any other public money provided to meet expenses or capital expenditure, incurred or to be incurred in accordance with an appropriation or other authority by or under an Act in respect of approved activities or combinations of activities of a type described in subsection (3).

(3) The national land transport fund must be used to pay for—

• (a) Police activities or combinations of Police activities approved under section 18L:

• (b) activities or combinations of activities (including those relating to State highways) approved under section 20 for which the Agency is responsible for delivery or managing delivery:

• (c) regional councils’ activities or combinations of activities approved under section 20:

• (d) territorial authorities’ activities or combinations of activities approved under section 20 (other than public transport services activities):

• (e) regional and territorial authorities’ activities or combinations of activities approved under section 20 that have been authorised by a transfer of responsibility under section 17 of the Local Government Act 2002:

• (f) approved public organisations’ activities or combinations of activities approved under section 20:

• (g) expenses resulting from, and repayment of, any borrowing in accordance with subsection (1)(b).

(4) [Repealed]

(5) [Repealed]

(6) The Auckland Council may receive funds from the Agency only in respect of activities or combinations of activities approved under section 20 in respect of the preparation (including consultation) and approval of a regional land transport strategy for Auckland.

(1) After the end of each financial year, the Agency must prepare an annual report on the national land transport fund.

(2) The annual report required under subsection (1) must be prepared in accordance with generally accepted accounting practice, and must include—

• (a) a statement of inflows and expenses and capital expenditure of the national land transport fund for the financial year to which the report relates and the previous 2 financial years:

• (b) a statement of cash flows in respect of the national land transport fund for the financial year to which the report relates:

• (c) a statement of the financial position of the national land transport fund (including its closing balance):

• (d) a statement of commitments:

• (e) a statement of performance for each activity class funded by the national land transport fund for the financial year to which the report relates, unless the Minister has approved the inclusion of the information in the Agency's annual report under section 150 of the Crown Entities Act 2004:

• (f) an explanation of how the funding of activities or combinations of activities under the national land transport programme has contributed to the achievement of any outcomes, objectives or impacts set out in any national land transport strategy or the relevant GPS:

• (g) an explanation of how the national land transport fund has been managed with respect to the closing balance.

(3) The provisions of the Crown Entities Act 2004 in respect of the preparation, audit, presentation, and publication of a Crown entity’s annual report (including its financial statements) apply, with all necessary modifications, to the annual report required under subsection (1).

(4) The Agency must make a copy of the annual report publicly available in accordance with section 108.

(1) A regional land transport programme allows approved organisations and the Agency to recommend funding for land transport activities or combinations of activities from the national land transport fund that will contribute to—

• (a) a region’s outcomes that are identified in the relevant regional land transport strategy; and

• (b) any outcomes, objectives and impacts identified by the Crown in any national land transport strategy or the relevant GPS.

(2) Regional land transport programmes, which are prepared by regional transport committees (or, in the case of Auckland, Auckland Transport), include—

• (a) proposed activities and combinations of activities for 3 financial years; and

• (b) an indication of significant activities for the following 3 financial years; and

• (c) a 10-year financial forecast.

(3) This section is intended by way of explanation only, and if this section is inconsistent with another provision of this Act or any other Act, then the other provision prevails.

(1) Every 3 financial years, each regional council, in the case of every region except Auckland, must—

• (a) ensure that the relevant regional transport committee prepares, on the regional council’s behalf, a regional land transport programme; and

• (b) approve the regional land transport programme by a date appointed by the Agency.

(2) Every 3 financial years, Auckland Transport, in the case of Auckland, must—

• (a) prepare an Auckland regional land transport programme; and

• (b) approve the Auckland regional land transport programme by a date appointed by the Agency.

(3) [Repealed]

(4) A regional council or regional transport committee may—

• (a) prepare and approve a regional land transport programme at the same time as it prepares and approves a regional land transport strategy; and

• (b) use a single consultation process that complies with sections 18, 18A, and 78 when preparing its programme and strategy.

(5) A regional council may publish a regional land transport programme and a regional land transport strategy as a single document.

When a regional transport committee prepares a regional land transport programme on behalf of the relevant regional council, the regional transport committee must—

• (a) be satisfied that the regional land transport programme—

  • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (ii) contributes to each of the following:

    • (A) assisting economic development:

    • (B) assisting safety and personal security:

    • (C) improving access and mobility:

    • (D) protecting and promoting public health:

    • (E) ensuring environmental sustainability; and

  • (iii) is consistent with—

    • (A) the relevant GPS; and

    • (B) any relevant regional land transport strategy; and

• (b) take into account any—

  • (i) national land transport strategy; and

  • (ii) national energy efficiency and conservation strategy; and

  • (iii) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

  • (iv) relevant regional public transport plan; and

  • (v) likely funding from any source.

Auckland Transport must, in preparing an Auckland regional land transport programme,—

• (a) be satisfied that the Auckland regional land transport programme—

  • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (ii) contributes to each of the following:

    • (A) assisting economic development:

    • (B) assisting safety and personal security:

    • (C) improving access and mobility:

    • (D) protecting and promoting public health:

    • (E) ensuring environmental sustainability; and

  • (iii) is consistent with the relevant GPS and the Auckland regional land transport strategy; and

• (b) [Repealed]

• (c) take into account any—

  • (i) national land transport strategy; and

  • (ii) national energy efficiency and conservation strategy; and

  • (iii) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

  • (iv) relevant regional public transport plan; and

  • (v) likely funding from any source.

(1) For the purpose of seeking payment from the national land transport fund, a regional land transport programme (for regions other than Auckland) must contain, for the 3 financial years to which the programme relates,—

• (a) activities or combinations of activities, identified by approved organisations in the region, relating to local road maintenance, local road renewals and local road minor capital works, and existing public transport services; and

• (b) the following activities or combinations of activities that the regional transport committee decides to include in the regional land transport programme:

  • (i) activities or combinations of activities proposed by approved organisations in the region, other than those identified under paragraph (a); and

  • (ii) activities or combinations of activities relating to State highways in the region that are proposed by the Agency; and

  • (iii) activities or combinations of activities, other than those relating to State highways, that the Agency may propose for the region and that the Agency wishes to see included in the regional land transport programme; and

• (c) the order of priority, as determined by the regional transport committee, of the activities or combinations of activities that the committee decides to include in the committee's regional land transport programme under paragraph (b); and

• (d) an assessment of each activity or combination of activities, prepared in accordance with subsection (5) by the organisation that identified or proposed the activity or combination of activities under paragraph (a) or (b), to include—

  • (i) the objective or objectives to be achieved; and

  • (ii) an estimate of the total cost and the cost for each year; and

  • (iii) the expected duration; and

  • (iv) any proposed sources of funding other than the national land transport fund (including, but not limited to, tolls, regional fuel taxes, funding from approved organisations, and contributions from other parties); and

  • (v) any other relevant information.

(2) A regional land transport programme must contain assessments by the regional transport committee of—

• (a) how the programme complies with section 14; and

• (b) the relationship of Police activities or combinations of Police activities to the regional land transport programme.

(3) A regional land transport programme must also include—

• (a) a statement of transport priorities for the region for the 6 financial years from the start of the programme, for which funding will be sought from the national land transport fund; and

• (b) all significant expenditure on land transport activities to be funded from sources other than the national land transport fund; and

• (c) a list of each activity or combination of activities that have been approved under section 20 but are not yet completed; and

• (d) an identification of those activities or combinations of activities (if any) that have inter-regional significance; and

• (e) an explanation of the proposed action if it is proposed that an activity or combination of activities be varied, suspended, or abandoned; and

• (f) an indication of any nationally or regionally significant activities that are likely to be recommended for inclusion in the national land transport programme over the 3 financial years following the regional land transport programme; and

• (g) a financial forecast of anticipated revenue and expenditure on activities for the 10 financial years from the start of the regional land transport programme; and

• (h) a description of how monitoring will be undertaken to assess implementation of the regional land transport programme; and

• (i) a summary of the consultation carried out in the preparation of the regional land transport programme; and

• (j) a summary of the policy relating to significance adopted by the regional transport committee under section 106; and

• (k) any other relevant matters.

(4) For the purpose of the inclusion of activities or combinations of activities in a national land transport programme, a regional land transport programme must be in the form and contain the detail that the Agency may prescribe in writing to regional transport committees.

(5) The assessment under subsection (1)(d) must be in a form and contain the detail required by the regional transport committee, taking account of any prescription made by the Agency under subsection (4).

(6) For the purposes of this section, existing public transport services means the level of public transport services in place in the financial year before the commencement of the regional land transport programme, and any minor changes to those services.

(1) Auckland Transport's regional land transport programme must contain, for the 3 financial years to which the programme relates,—

• (a) the following activities and combinations of activities that Auckland Transport decides to include in the programme:

  • (i) activities or combinations of activities proposed by Auckland Transport or the governing body of the Auckland Council; and

  • (ii) activities or combinations of activities relating to State highways in the region that are proposed by the Agency; and

  • (iii) activities or combinations of activities, other than those relating to State highways, that the Agency may propose for Auckland and that it wishes to see included in the programme; and

• (b) any activities or combinations of activities that are proposed by the governing body of the Auckland Council or any other approved organisation to be—

  • (i) included in the programme; and

  • (ii) fully funded from sources other than the national land transport fund; and

• (c) the order of priority, as determined by Auckland Transport, of the activities or combinations of activities that it decides to include in the programme under paragraph (a); and

• (d) an assessment of each activity or combination of activities, prepared in accordance with subsection (5) by the organisation that proposed the activity or combination of activities under paragraph (a), which must include—

  • (i) the objective or objectives to be achieved; and

  • (ii) an estimate of the total cost and the cost for each year; and

  • (iii) the expected duration; and

  • (iv) any proposed sources of funding (including, but not limited to, the national land transport fund, tolls, funding from approved organisations, and contributions from other parties); and

  • (v) any other relevant information; and

• (e) an assessment of each activity or combination of activities, prepared in accordance with subsection (6) by the approved organisation that proposed the activity or combination of activities under paragraph (b), which must include—

  • (i) an estimate of the total cost and the cost for each year; and

  • (ii) the expected duration.

(2) The programme must contain assessments by Auckland Transport of—

• (a) how the programme complies with section 15; and

• (b) the relationship of Police activities or combinations of Police activities to the programme.

(3) The programme must also include—

• (a) a statement of transport priorities for the region for the 6 financial years from the start of the programme; and

• (b) a list of each activity or combination of activities that have been started but are not yet completed; and

• (c) an identification of those activities or combinations of activities (if any) that have inter-regional significance; and

• (d) an explanation of the proposed action if it is proposed that an activity or combination of activities be varied, suspended, or abandoned; and

• (e) an indication of any nationally or regionally significant activities that are likely to be recommended for inclusion in the national land transport programme over the 3 financial years following the programme; and

• (f) a financial forecast of revenue and expenditure on activities for the 10 financial years from the start of the programme; and

• (g) a description of how monitoring will be undertaken to assess implementation of the programme; and

• (h) a summary of the consultation carried out in the preparation of the programme; and

• (i) a summary of the policy relating to significance adopted by Auckland Transport under section 106(2); and

• (j) any other relevant matters.

(4) To include activities or combinations of activities in a national land transport programme, the programme must be in the form and contain the detail that the Agency prescribes in writing to Auckland Transport.

(5) The assessment under subsection (1)(d) must be in a form and contain the detail required by Auckland Transport, taking account of any prescription made by the Agency under subsection (4).

(6) The assessment under subsection (1)(e) must be in a form and contain the detail required by Auckland Transport.

(1) When preparing a regional land transport programme, a regional transport committee or Auckland Transport (as the case may require) must consult—

• (a) every affected regional council; and

• (ab) the Auckland Council, if affected; and

• (b) every affected territorial authority; and

• (c) every affected approved public organisation; and

• (d) the Agency; and

• (e) the Commissioner; and

• (f) affected district health boards; and

• (g) the Accident Compensation Corporation; and

• (h) the New Zealand Historic Places Trust; and

• (i) the New Zealand Railways Corporation; and

• (j) representative groups of land transport users and providers (including representative groups of coastal shipping users and providers); and

• (k) affected communities; and

• (l) Māori of the region; and

• (m) the public in the region.

(2) If consulting the Auckland Council, a regional land transport committee or Auckland Transport must consult both the governing body and each affected local board of the Council.

(1) In carrying out the consultation required under section 18, a regional transport committee or Auckland Transport (as the case may require) must—

• (a) act in accordance with the consultation principles set out in section 82 of the Local Government Act 2002; and

• (b) use the special consultative procedure under sections 83, 87(2)(a), and 89 of the Local Government Act 2002.

(2) A regional transport committee complies with subsection (1) if the required consultation on the regional land transport programme is carried out in conjunction with the relevant regional council's consultation on its long-term plan or its annual plan under the Local Government Act 2002.

(3) Auckland Transport complies with subsection (1) if the required consultation on the regional land transport programme is carried out in conjunction with the Auckland Council's consultation on its long-term plan or its annual plan under the Local Government Act 2002.

(4) Auckland Transport is not required to consult, under section 18 and this section, any organisation or person referred to in section 18 if the Auckland Council has already consulted the organisation or person—

• (a) in the course of preparing the Council's current long-term plan or annual plan; and

• (b) in accordance with the Local Government Act 2002.

(1) A regional transport committee that has prepared a regional land transport programme on behalf of a regional council must, after it has consulted under sections 18 and 18A, lodge the regional land transport programme with the regional council.

(2) If a regional transport committee decides not to include in its regional land transport programme an activity or combination of activities proposed by an approved organisation or the Agency, the regional transport committee must, at the same time as it lodges the programme with the regional council under subsection (1), give the approved organisation or the Agency (as the case may require) written advice of the decision and the reasons for the decision.

(3) The relevant regional council may, after considering a regional land transport programme that has been lodged with it under subsection (1), decide—

• (a) to approve the regional land transport programme, without modification; or

• (b) to refer the regional land transport programme back to the regional transport committee with a request that the regional transport committee reconsider 1 or more aspects of the regional land transport programme.

(4) If a regional council refers a regional land transport programme back to its regional transport committee, the regional transport committee may, after reconsidering the aspects referred back to it by the regional council in its request, forward to the regional council either or both of the following:

• (a) an amended regional land transport programme that has been consulted on in accordance with sections 18 and 18A:

• (b) any additional information that has been requested by the regional council or that the regional transport committee considers will help the regional council with its decision.

(5) Despite subsection (4)(a), a regional transport committee may forward an amended regional land transport programme to the regional council without consulting in accordance with sections 18 and 18A if the amendment or amendments to the regional land transport programme are not significant.

(6) If a regional council receives an amended regional land transport programme, or a regional land transport programme with additional information, under subsection (4), it must—

• (a) approve the programme or amended programme and forward it to the Agency; or

• (b) forward the programme or amended programme to the Agency stating that it is not approved along with a statement of its reasons.

(7) If the Agency receives an amended regional land transport programme, or a regional land transport programme with additional information, under subsection (6)(b), the Agency must, when developing the national land transport programme,—

• (a) treat the regional land transport programme or amended regional land transport programme as approved; and

• (b) consider the regional council's statement of reasons.

(8) Section 18F applies, with the necessary modifications, to any programme or amended programme and statement of reasons forwarded under subsection (6).

When forwarding its regional land transport programme to the Agency, Auckland Transport must give the Agency written reasons for any decision not to include in its regional land transport programme an activity or combination of activities proposed by the Agency for inclusion in the programme.

(1) If good reason exists to do so, a regional transport committee or Auckland Transport may prepare a variation to its regional land transport programme during the 3 years to which it applies.

(2) A variation may be prepared by a regional transport committee—

• (a) at the request of an approved organisation or the Agency; or

• (b) on the regional transport committee’s own motion.

(3) A variation may be prepared by Auckland Transport—

• (a) at the request of the Agency; or

• (b) on Auckland Transport's own motion.

(4) The regional transport committee or Auckland Transport must consider any variation request promptly.

(5) The provisions of this Act that apply to the preparation of a regional land transport programme apply with the necessary modifications to a variation of a regional land transport programme; however, consultation is not required for any variation that—

• (a) is not significant; or

• (b) arises from the declaration or revocation of a State highway.

(6) Section 18B applies, with the necessary modifications, to the approval by a regional council or Auckland Transport of a variation of a regional land transport programme.

(7) The Agency must consider promptly whether to vary the national land transport programme after receiving a varied regional land transport programme forwarded to it by a regional council or Auckland Transport.

(8) A variation of a regional land transport programme does not create an obligation on the Agency to vary the national land transport programme, but the Agency must give written reasons for any decision not to do so.

(9) This section does not apply if section 18E applies.

(1) This section applies to any activities or combinations of activities that have been identified by an approved organisation under section 16(1)(a) and included in a regional land transport programme.

(2) If an approved organisation has good reason to change any activities or combinations of activities to which this section applies, it may request the Agency to vary the national land transport programme to take account of that change, and must inform the regional transport committee that it has made that request.

(3) A request must be made in a form and with the detail prescribed by the Agency in writing to approved organisations.

(4) The Agency must consider promptly any request made under this section to vary the national land transport programme.

(5) A request made under this section does not create an obligation to vary the national land transport programme but the Agency must give written reasons for any decision not to do so.

(6) If the Agency approves a variation under subsection (4), the relevant regional land transport programme is to be read as if the approved variation had been included in the approved programme.

(7) This section does not apply to approved organisations in Auckland.

(1) A regional council or Auckland Transport (as the case may require) must, by a date or dates appointed by the Agency,—

• (a) forward copies of its approved regional land transport programme to—

  • (i) the Secretary; and

  • (ii) the Agency; and

  • (iii) the Commissioner; and

  • (iv) approved organisations in the region; and

• (b) make the approved regional land transport programme publicly available in accordance with section 108.

(2) In addition, Auckland Transport must make available information about the current funding arrangements, or proposed funding arrangements, in respect of each activity or combination of activities included in its regional land transport programme—

• (a) for inspection by the public, free of charge; and

• (b) on an Internet site in a format that is readily accessible and, if practicable, that can be used by the visually impaired.

(1) An approved organisation or the Agency (as the case may require) must do everything reasonably practicable to separately consult Māori affected by any activity proposed by the approved organisation or the Agency that affects or is likely to affect—

• (a) Māori land; or

• (b) land subject to any Māori claims settlement Act; or

• (c) Māori historical, cultural, or spiritual interests.

(2) The relevant approved organisation or the Agency (as the case may be) must consult the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995) about any proposed activity that affects or is likely to affect land registered in the name of Pootatau Te Wherowhero under section 19 of that Act.

(1) The Agency and approved public organisations must, with respect to funding from the national land transport fund,—

• (a) establish and maintain processes to provide opportunities for Māori to contribute to the organisation’s land transport decision-making processes; and

• (b) consider ways in which the organisation may foster the development of Māori capacity to contribute to the organisation’s land transport decision-making processes; and

• (c) provide relevant information to Māori for the purposes of paragraphs (a) and (b).

(2) Subsection (1) does not limit the ability of the Agency or an approved public organisation to take similar action in respect of any other population group.

Every 3 financial years the Agency must, by a date appointed by the Minister, prepare its recommendations for any Police activities or combinations of Police activities that are to be funded under section 10(3)(a) for the following 3 financial years.

(1) Before recommending any Police activities or combinations of Police activities that are to be funded under section 10(3)(a), the Agency must consult the Commissioner and the Secretary.

(2) The Agency must, in recommending any Police activities or combinations of Police activities for funding under section 10(3)(a),—

• (a) be satisfied that those Police activities or combinations of Police activities—

  • (i) contribute to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (ii) contribute to each of the following:

    • (A) assisting economic development:

    • (B) assisting safety and personal security:

    • (C) improving access and mobility:

    • (D) protecting and promoting public health:

    • (E) ensuring environmental sustainability; and

• (b) give effect to the relevant GPS; and

• (c) take into account any—

  • (i) national land transport strategy; and

  • (ii) regional land transport strategies; and

  • (iii) national energy efficiency and conservation strategy; and

  • (iv) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

  • (v) regional public transport plans.

The Agency must ensure that its recommendations under section 18I include—

• (a) the recommended funding contribution under section 10(3)(a) for the proposed Police activities or combinations of Police activities; and

• (b) a list of the Police activities or combinations of Police activities that are proposed to be funded under section 10(3)(a); and

• (c) the performance measures associated with the delivery of those proposed Police activities or combinations of Police activities; and

• (d) the revenue to be received by the Commissioner from sources (other than the national land transport fund) applicable to the Police activities or combinations of Police activities for which funding is sought from the national land transport fund; and

• (e) a long-term financial forecast that contains a forecast of anticipated revenue and expenditure on any Police activities or combinations of Police activities for the following 10 financial years.

(1) After considering the Agency’s recommendations under section 18I, the responsible Minister, in consultation with the Minister of Police, must approve or decline those recommendations for payment under section 10(3)(a).

(2) The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendations.

(1) The Agency may recommend a variation of an approval under section 18L(1).

(2) After considering the Agency’s recommendation, the responsible Minister, in consultation with the Minister of Police, must approve or decline the variation, and, if approved, the variation forms part of the approval it varies.

(3) The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendation for variation.

(1) The Agency may include activities and combinations of activities from regional land transport programmes, and research, education, training, and other activities that the Agency is responsible for delivering, in the national land transport programme, so that the national land transport programme contributes to—

• (a) the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

• (b) the outcomes, objectives and impacts identified by the Crown in any national land transport strategy or the relevant GPS.

(2) The national land transport programme also lists Police activities and combinations of Police activities that have been approved for funding by the Minister.

(3) The national land transport programme includes approved activities or combinations of activities and those proposed for funding over the following 3 financial years, an assessment of regionally and nationally significant activities for the following 3 financial years, and a financial forecast.

(4) This section is intended by way of explanation only, and if this section is inconsistent with another provision of this Act or any other Act, then the other provision prevails.

(1) Every 3 financial years, the Agency must prepare and adopt a national land transport programme for the following 3 financial years.

(2) The Agency must adopt a national land transport programme before the start of the first financial year to which it applies.

(3) Despite subsection (2), the Agency may, with the written agreement of the Minister, adopt a national land transport programme before 1 September of the first financial year to which it applies.

(4) A national land transport programme adopted under subsection (3) is to be treated as if it were adopted before the start of the financial year to which it applies.

(5) Following the adoption of a national land transport programme under this section, the Agency must consider whether to amend its statement of intent, under section 148 of the Crown Entities Act 2004, to take into account any relevant particulars of the national land transport programme.

The Agency must, in preparing a national land transport programme,—

• (a) ensure that the national land transport programme—

  • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (ii) contributes to each of the following:

    • (A) assisting economic development:

    • (B) assisting safety and personal security:

    • (C) improving access and mobility:

    • (D) protecting and promoting public health:

    • (E) ensuring environmental sustainability; and

  • (iii) gives effect to the relevant GPS; and

• (b) take into account any—

  • (i) national land transport strategy; and

  • (ii) regional land transport strategies; and

  • (iii) regional land transport programmes; and

  • (iv) national energy efficiency and conservation strategy; and

  • (v) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

  • (vi) regional public transport plans.

A national land transport programme must include the following matters:

• (a) an indication of any significant forthcoming national land transport issues known to the Agency; and

• (b) an assessment as to how the programme complies with section 19B; and

• (c) a list of the activity classes identified in the relevant GPS to be funded from the national land transport fund, and their proposed level of funding; and

• (d) approved activities and combinations of activities; and

• (e) any Police activities or combinations of Police activities approved under section 18L to be delivered by the Commissioner; and

• (f) activities and combinations of activities that the Agency anticipates being funded from the national land transport fund if they are—

  • (i) included in a regional land transport programme; or

  • (ii) activities or combinations of activities (other than those relating to State highways) for which the Agency is responsible for delivery or managing delivery; and

• (g) an indication of any nationally or regionally significant activities that are likely to be considered for funding in the 3 financial years that follow the 3 financial years covered by the national land transport programme; and

• (h) a statement of the Agency’s anticipated revenue and expenditure in respect of the national land transport programme for 10 financial years from the start of the programme; and

• (i) relevant directions under Part 3 of the Crown Entities Act 2004 or any other Act.

(1) This section applies to the following decisions by the Agency in relation to an activity or combination of activities:

• (a) a decision not to include an activity or a combination of activities in the national land transport programme:

• (b) a decision to include an activity or a combination of activities in the national land transport programme, but at a different level of priority to that accorded to the activity or combination of activities in the relevant regional land transport programme.

(2) If this section applies, the Agency must give the relevant regional transport committee or Auckland Transport (as the case may require) written advice of the Agency’s decision and its reasons for making that decision.

(1) The Agency may vary the national land transport programme during the 3 financial years to which it applies.

(2) The provisions of this Act that apply to the preparation of the national land transport programme apply with the necessary modifications to a variation of the national land transport programme.

(3) If a current GPS is amended under section 90(1), the Agency must vary the national land transport programme as soon as practicable to give effect to that amendment.

(4) Despite subsection (2), the Agency need not make a varied national land transport programme publicly available under section 108 if it is satisfied that the variation is not significant.

The Agency must make a copy of the national land transport programme publicly available in accordance with section 108.

(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 following objectives have been taken into account in respect of the activity or combination of activities:

  • (i) assisting economic development; and

  • (ii) assisting safety and personal security; and

  • (iii) improving access and mobility; and

  • (iv) protecting and promoting public health; and

  • (v) ensuring environmental sustainability; and

• (d) the activity or combination of activities contributes to the Agency’s objective, including its social and environmental responsibility, in an efficient and effective manner; 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 take into account—

• (a) the relevant GPS; and

• (b) any national land transport strategy; and

• (c) any relevant regional land transport strategy; and

• (d) any national energy efficiency and conservation strategy; and

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

• (f) any relevant regional public transport plan.

(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 relevant GPS 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 relevant GPS.

The Agency may apply different methods of assessment for the purpose of approving different activities or combinations of activities.

The Agency may approve activities or combinations of activities subject to any terms and conditions, which must be relevant and reasonable, that the Agency thinks fit.

The Agency must set the rate of funding assistance from the national land transport fund for activities or combinations of activities in accordance with any criteria set by the Minister.

(1) If the Agency decides to approve or decline funding for an activity or a combination of activities under section 20, the Agency must—

• (a) ensure that every decision that it makes under that section and its reasons for making that decision are made available to any affected approved organisation; and

• (b) give any organisation or any person responsible for that activity or combination of activities written advice of its decision and reasons for its decision.

(2) After approving or declining funding for activities or combinations of activities, the Agency must place a copy of the decision, and the reasons for the decision, on its Internet site.

(3) In complying with subsection (2), the Agency may decide to withhold information if the disclosure of that information would be contrary to the interests specified in section 6 or 9(2)(a), (b), (ba), (h), (i), or (j) of the Official Information Act 1982.

(4) If the Agency decides to withhold information under subsection (3), it must provide its reasons for doing so on its Internet site.

(5) Information withheld under subsection (3) may be requested under the Official Information Act 1982.

(1) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to the Agency from the national land transport fund as if the roadway were a State highway.

(2) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to a territorial authority from the national land transport fund as if the roadway were a local road.

(3) The Agency and territorial authorities may receive funding for a Māori roadway if the activity is included in a regional land transport programme.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

• (a) approve any public organisation for the purpose of section 10(3)(f):

• (b) revoke any approval given under this subsection.

(2) Before making a recommendation under subsection (1), the Minister must—

• (a) consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the approval or revocation; and

• (b) in the case of an approval, be satisfied that granting the approval would be consistent with the purpose of this Act.

(3) Without limiting subsection (1), an order made under that subsection may—

• (a) grant an approval in relation to particular land transport purposes:

• (b) grant an approval subject to conditions specified in the order.

(4) The Department of Conservation and the Waitangi National Trust Board and Auckland Transport are deemed to be approved public organisations under this section.

(1) Every approved organisation must operate a land transport disbursement account into which must be paid all money received from the Agency pursuant to an approval under section 20.

(2) The Agency need not have a land transport disbursement account, but must—

• (a) comply with section 96; and

• (b) ensure that all payments are made in accordance with a procurement procedure unless exempt by or under section 26.

(3) All expenditure from a land transport disbursement account must be accounted for in a manner prescribed by the Agency after consultation with the Auditor-General.

(4) Payments may be made out of a land transport disbursement account only for approved activities or combinations of activities, and only—

• (a) within the limits and terms and conditions of the approval granted under sections 20 and 20B; and

• (b) in accordance with a procurement procedure unless exempt by or under section 26.

(5) An approved organisation may—

• (a) carry forward to any later financial year any amount of the credit balance in its land transport disbursement account at the close of any financial year; and

• (b) use that money at any time for payments in accordance with this section.

(1) For the purposes of this Part, the Agency must approve 1 or more procurement procedures that are designed to obtain the best value for money spent by the Agency and approved organisations, having regard to the purpose of this Act.

(2) In approving a procurement procedure, the Agency must also have regard to the desirability of—

• (a) enabling persons to compete fairly for the right to supply outputs required for approved activities, if 2 or more persons are willing and able to provide those outputs; and

• (b) encouraging competitive and efficient markets for the supply of outputs required for approved activities.

(3) Every approved procurement procedure must specify how procurement is to be carried out (which may differ for different kinds of procurement).

(4) It is a condition of every procurement procedure that the Agency or an approved organisation must procure outputs from a provider other than the Agency or that organisation (as the case may require), or its employees.

(5) However, nothing in subsection (4) prevents an approved organisation from procuring from the organisation's own business units the provision of minor and ancillary works on terms approved by the Agency.

(6) Nothing in this section compels an organisation or person to accept the lowest tender received by it for the provision of any outputs.

Section 25 does not apply in relation to any payment—

• (a) approved by the Agency on the ground that the costs of the procurement process would be disproportionate to the value of the proposed activity or combination of activities; or

• (b) made in respect of any approved administration activity that is approved by the Agency for the purpose of this section; or

• (c) made in respect of in-house professional services that are—

  • (i) approved by the Agency; and

  • (ii) undertaken by the Agency or an approved organisation using the Agency's or approved organisation’s own staff and assets; or

• (d) made under the land transport disbursement account of an approved organisation if the payment is made to the land transport disbursement account of another approved organisation to enable that other organisation to exercise delegated functions and powers under this Act of that first-mentioned approved organisation; or

• (da) made from Auckland Transport's land transport disbursement account if the payment is made to the Auckland Council's land transport disbursement account; or

• (e) made in respect of any registered service of any public transport operator in relation to any 12-month period that follows—

  • (i) the withdrawal or proposed withdrawal of that operator from the provision of the service; or

  • (ii) the withdrawal of any other operator from the provision of the same or a similar service; or

• (f) made in respect of any expenditure that is necessary in the urgent interests of public safety; or

• (g) made in respect of any expenditure that is necessary for the immediate or temporary repair of damage caused by a sudden and unexpected event.

If the Agency grants itself an exemption under section 26(a) or approves a procurement procedure under section 25(1) to meet its own procurement requirements, it must publish the details of its exemption or approval (as the case may be) and its reasons on its Internet site.

(1) Any interest that a local authority has in a public transport service to which this section applies must be held in a council-controlled trading organisation, whether or not in conjunction with another local authority.

(2) This section applies to a public transport service held by a local authority if, and only if, the public transport service indirectly receives funding for the purpose from the national land transport fund.

(3) A regional council may, subject to subsection (1), hold an interest in, or acquire the ownership of, a public transport service or any public transport infrastructure.

In preparing any programme under this Part, the Agency, the Commissioner, the Secretary, every local authority, Auckland Transport, and every approved public organisation must consider the needs of persons who are transport disadvantaged.

(1) This section applies if the Agency considers that, in relation to an approved activity, an approved organisation or person—

• (a) is in breach of a procurement procedure; or

• (b) has been or is or will be likely to be in breach of any other provision of this Act relating to payments from a land transport disbursement account; or

• (c) has constructed or undertaken the activity, or is proposing to construct or undertake the activity, to standards that are excessively high or unsatisfactory.

(2) If this section applies, the Agency may, to the extent that it considers appropriate,—

• (a) reduce any payment for any approved activity; or

• (b) refuse the whole or part of any payment for any approved activity; or

• (c) withhold the whole or part of any payment for any approved activity.

(3) The Agency may, under subsection (2),—

• (a) reduce, refuse, or withhold any amount that it is presently considering paying for any approved activity; or

• (b) reduce, refuse, or withhold any amount that it proposes to pay for any approved activity in the future.

(4) If the Agency makes any payment for an approved activity that is based on information that is subsequently found to be erroneous or inaccurate, the payment is recoverable in any court of competent jurisdiction as a debt due to the Agency.

(1) This section applies to any dispute or difference between an organisation and the Agency about 1 or more of the following:

• (a) whether the organisation has complied with a procurement procedure in a particular case:

• (b) the terms on which the Agency has granted an approval under section 25(5) for the provision of minor and ancillary works:

• (c) the application of section 26 in a particular case:

• (d) whether a payment should be reduced, refused, or withheld under section 36.

(2) The dispute or difference must be determined by a single arbitrator appointed by the Minister.

(3) No member or employee of the organisation or of the Agency is qualified to be an arbitrator under this section.

(4) The organisation and the Agency are the parties to the arbitration.

(5) Articles 35 and 36 of Schedule 1 of the Arbitration Act 1996 (which relate to recognition and enforcement of an arbitral award) and clause 6 of Schedule 2 of that Act (which relates to costs and expenses of an arbitration) apply in relation to an arbitration under this section as if this section were an arbitration agreement within the meaning of that Act, but no other provisions of that Act apply in relation to an arbitration under this section.

(1) The Agency may require an approved organisation to provide any information that the Agency considers it needs to perform its functions under this Act.

(2) An approved organisation may require any other approved organisation to provide any information that it considers it needs to perform its functions under this Act.

(3) A requirement under this section must be made in writing, and the information required must be provided as soon as practicable after the requirement is received and be in a readily understandable form.

(4) [Repealed]

(1) It is the duty of the Secretary, the Agency, and approved organisations to give reasonable assistance to each other to enable them to perform their respective functions and duties, and exercise their respective powers, under this Act.

(2) In acting under this Act, the Agency, Auckland Transport, and the Auckland Council must work co-operatively with each other and the New Zealand Railways Corporation, the Police, and other organisations that have responsibilities in relation to the Auckland transport system and State highways and railways within Auckland, to help ensure a co-ordinated approach to decision making about Auckland transport.

(3) In subsection (2), Auckland transport system has the same meaning as in section 37(1) of the Local Government (Auckland Council) Act 2009.

(1) The Agency may refuse a request for information under section 78(4) or 83(2) or clause 10(2) of Schedule 7 only if the information may, in the Agency's opinion, be withheld under section 6 or section 9(2)(a), (b), (ba), (h), (i), or (j) of the Official Information Act 1982.

(2) Subsection (1) applies only if the Agency is satisfied that the reason for the refusal is not outweighed by the regional transport committee's or Auckland Transport's need to have the information in order to discharge its functions.

Of the excise duty and excise-equivalent duty paid into the Crown Bank Account, after deducting any relevant refunds or drawbacks of duties under the Customs and Excise Act 1996, there must be paid to the national land transport fund the amounts prescribed for the purpose by regulations made under section 45.

(1) Persons using any motor spirits, compressed natural gas, or liquefied petroleum gas are entitled to a refund in respect of excise duty, excise-equivalent duty, and goods and services tax charged on the consideration for the supply of motor spirits, compressed natural gas, or liquefied petroleum gas, to the extent that the amount of the duty that is refunded forms part of the consideration for that supply and to the extent specified in regulations made under section 45.

(2) Nothing in this section applies to any motor spirits, compressed natural gas, or liquefied petroleum gas used for any purpose declared by regulations made under section 45 to be exempt from the provisions of this section.

(3) [Repealed]

(4) No such refund of excise duty, excise-equivalent duty, or goods and services tax may be allowed unless application is made for that refund in accordance with section 42.

(5) If the amount of any refund of excise duty, excise-equivalent duty, and goods and services tax provided for in regulations made under section 45 is increased, reduced, or varied by any Act or by any regulations, refunds of duty or tax paid, whether before or after the coming into force of that increase, reduction, or variation, in satisfaction of a liability for that duty or tax incurred before that date may be applied for and made as if the increase, reduction, or variation were not in force.

(1) Every application for a refund under section 41 must be made to the Secretary on a form to be provided by the Secretary, and must be supported by any documentary evidence and any other information that the Secretary may require or as may be prescribed.

(2) Applications for refunds must be made in respect of periods ending with the date or dates approved by the Secretary.

(3) No refund may be allowed unless application for the refund is made within 2 years following the close of the period in respect of which the application is made.

(4) If the application for a refund is made after the expiration of 3 months from the close of the relevant period but within 2 years after the close of that period, the amount of the refund otherwise payable must be reduced by 10% unless a full refund is allowed under subsection (5).

(5) If application for a refund is made after the expiration of 3 months from the close of the relevant period, whether or not it is made within 2 years after the close of that period, the Secretary may, at his or her discretion, allow a full refund.

(6) The Secretary may, at his or her discretion, allow a refund in any special case before the close of any period in respect of motor spirits, compressed natural gas, or liquefied petroleum gas used within that period.

(1) A person commits an offence who, for the purposes of obtaining a refund under section 41, makes any application or furnishes any information that he or she knows to be false in any material particular.

(2) A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $2,000.

(3) Despite anything in the Summary Proceedings Act 1957, any information for an offence against subsection (1) may be laid at any time within 3 years after the date of the offence.

Part 5 of the Transit New Zealand Act 1989 is consequentially repealed.

The Governor-General may, from time to time, by Order in Council, make regulations providing for any matters contemplated by sections 41 and 42, necessary for the administration of those sections, or necessary for giving those sections full effect.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a road tolling scheme to provide funds that may be applied by or on behalf of a public road controlling authority for the purposes of—

• (a) 1 or more of the following activities, namely, the planning, design, supervision, construction, maintenance, or operation of a new road; and

• (b) meeting any conditions or requirements set out in the order.

(2) An order under subsection (1) must—

• (a) describe (so far as is practicable)—

  • (i) the new road, or part of it, in respect of which the toll revenue may be applied; and

  • (ii) the road or roads that may be tolled (being the new road and, if the order so provides, a road that meets the requirements of section 48(2)), or the part or parts of those roads that may be tolled; and

• (b) set out any conditions that must be met to the satisfaction of the Minister, being—

  • (i) any conditions that must be met before the public road controlling authority or toll operator may begin tolling; and

  • (ii) any other conditions that apply; and

• (c) set out a process by which the Minister will confirm whether he or she is satisfied that the relevant conditions to be met before tolling may begin have been met.

(3) An order made under subsection (1) may (without limitation)—

• (a) set tolls, or empower the public road controlling authority or toll operator to set tolls within the maximum limit, or according to the method, set out in the order:

• (b) provide for different levels of tolls to be levied in respect of different classes of person or motor vehicles, different times or days, different directions of travel, or different methods of payment, or to be levied on any other differential basis:

• (c) grant exemptions from the obligation to pay tolls under the scheme (whether on a basis referred to in paragraph (b) or on any other basis specified in the order), and empower the public road controlling authority or toll operator to grant exemptions (which power is subject to any limitations set out in the order):

• (d) state how the tolls are to be collected:

• (e) specify any information that the toll operator or the public road controlling authority is required to provide to the Minister or any other specified person or organisation:

• (f) authorise the enforcement authority to have access to law enforcement information held by a holder agency under the Privacy Act 1993, and set out terms and conditions governing that access:

• (g) require the public road controlling authority to prepare a demand management plan in accordance with the order:

• (h) specify civil penalties for breach of conditions referred to in subsection (2)(b)(ii), and establish a procedure for resolving disputes about the application of those penalties:

• (i) require notice of the Minister's confirmation of the matters referred to in subsection (2)(c) to be published in the manner set out in the order.

(4) An order made under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.

(5) Before recommending that an order made under subsection (1) be amended or revoked, the Minister must consult the relevant public road controlling authority about his or her proposal.

(6) This section does not limit any other Act that provides for tolls to be levied or collected in respect of any road.

(1) The power of a public road controlling authority or toll operator to begin tolling a road or part of it in accordance with an Order in Council made under section 46(1) is exercisable—

• (a) from the time, or on and from the date, specified for the purpose in a notice published by the Minister stating that he or she is satisfied as to the matters referred to in section 46(2)(c); or

• (b) if no time is so specified, from the time that notice is published.

(2) A notice under subsection (1) must be published in the form and manner specified in the relevant order made under section 46(1) (if such requirements are specified in the order).

(3) The power of a public road controlling authority or toll operator to continue tolling a road or part of it in accordance with an order made under section 46(1) is exercisable—

• (a) during the period specified for the purpose in the order; or

• (b) if no period is specified in the order, while the toll-setting provisions of the order remain in force.

(1) The Minister must not recommend the making of an Order in Council under section 46(1) unless—

• (a) he or she is satisfied that the activity contributes to the purpose of this Act; and

• (b) he or she has taken into account how the activity—

  • (i) assists economic development; and

  • (ii) assists safety and personal security; and

  • (iii) improves access and mobility; and

  • (iv) protects and promotes public health; and

  • (v) ensures environmental sustainability; and

• (c) he or she has taken into account—

  • (i) any current national land transport strategy, relevant regional land transport strategies, relevant regional public transport plans, any relevant GPS, and National Energy Efficiency and Conservation Strategy; and

  • (ii) the availability of alternative land transport options and the impact of the activity on those options; and

  • (iii) the land transport options and alternatives that have been considered by the public road controlling authority; and

  • (iv) whether the activity is consistent with current priorities for land transport expenditure; and

  • (v) the outcome of consultation undertaken by the public road controlling authority; and

• (d) either—

  • (i) the activity is included in the current national land transport programme; or

  • (ii) the Minister is satisfied that there is a high degree of support from affected communities; and

• (e) he or she is satisfied that—

  • (i) the requirement in subsection (2) (if applicable) is met; and

  • (ii) there is available to road users a feasible, untolled, alternative route.

(2) The Minister, must not recommend that an existing road or part of it be tolled unless he or she is satisfied that the existing road or part is located near, and is physically or operationally integral to, the new road in respect of which the tolling revenue will be applied.

(3) If the Agency has assessed an activity against any criterion in subsection (1) in the course of performing its functions and duties under section 19 or section 20, the Minister is entitled to rely on that assessment and need not separately assess the activity against that criterion for the purpose of this section.

(4) The Minister may, at his or her discretion,—

• (a) recommend or decline to recommend the making of an order under section 46(1):

• (b) after consulting the public road controlling authority about his or her proposal, recommend the making of an order under section 46(1) that contains provisions different from those requested by the public road controlling authority.

(5) The application of subsection (1)(d)(i) is subject to section 109.

(1) A public road controlling authority that seeks funding by way of a road tolling scheme must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

(2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

(1) This section applies to personal information held or stored for the purposes of a road tolling scheme by or on behalf of a toll operator or enforcement authority.

(2) The toll operator must not use any personal information to which this section applies except for the purpose of collecting tolls.

(3) The enforcement authority must not use any personal information to which this section applies except for the purpose of enforcing the toll offence provisions of this Act.

(4) The disclosure of personal information to which this section applies on any of the grounds set out in principle 11 in the Privacy Act 1993 is not prohibited by subsection (2) or subsection (3).

(5) The toll operator and enforcement authority must each outline their privacy policies in a document and make the document available for inspection by the public free of charge during usual working hours or for purchase at a reasonable price.

(1) A toll must be paid at the time the toll is due for payment under section 52.

(2) A toll must be paid by a method required by the toll operator, and the toll operator may offer alternative methods of payment.

(3) At least 1 of the methods of payment must be a method that does not record personal information in relation to the person paying the toll.

(4) The toll operator may impose reasonable charges in connection with the administration of any method of payment.

(1) The driver of a motor vehicle is liable for payment of the toll to the toll operator when the vehicle reaches the toll payment point.

(2) If the driver fails to pay the toll as required by subsection (1), the person registered under Part 17 of the Land Transport Act 1998 in respect of the motor vehicle (the registered person) is liable for payment of the toll to the toll operator.

(3) However, the registered person is not liable under subsection (2) to pay the toll if, within 28 days after being notified of the non-payment of the toll, the registered person supplies to the toll operator, in a sworn statement in writing or a statutory declaration,—

• (a) the name and address of the driver of the vehicle or any other particulars within the knowledge of the registered person that may lead to the identification of the person who was in charge or control of the vehicle at the relevant time; or

• (b) a statement that the vehicle was a stolen vehicle at the relevant time.

(4) Tolls (and the associated enforcement costs) are recoverable in a court of competent jurisdiction as a debt due to the toll operator.

(5) Tolls are not payable in respect of any motor vehicle that—

• (a) is a Police vehicle; or

• (b) is a fire engine; or

• (c) is an ambulance; or

• (d) is exempt by virtue of an Order in Council made under section 46(1).

A toll operator may deny a motor vehicle physical access to its toll road, or past the toll payment point, if—

• (a) the vehicle is subject to a toll, or the driver or person registered under Part 17 of the Land Transport Act 1998 in respect of the vehicle is liable to pay a toll; and

• (b) the driver or person registered under that Part in respect of the vehicle has not paid the toll or made an acceptable payment arrangement with the toll operator.

(1) A person commits an offence if the person, without reasonable excuse, refuses or fails to pay a toll payable by that person.

(2) An offence against subsection (1) is a moving vehicle offence under the Land Transport Act 1998.

(3) A person commits an offence if, for the purpose of section 52(3), the person gives a sworn statement in writing or a statutory declaration and, in that statement or declaration, gives information that the person knows to be false or misleading.

(4) A person who commits an offence against subsection (3) is liable on summary conviction to a fine not exceeding $500.

(5) Subsection (3) does not limit section 111 of the Crimes Act 1961.

(1) Nothing in this Part limits the application of the Fair Trading Act 1986.

(2) For the purposes of the Fair Trading Act 1986, a toll operator is supplying services to those by whom the tolls are payable and is accordingly in trade.

(1) An activity described in the definition of concession agreement in section 5 must not be undertaken by a public road controlling authority except under a concession agreement.

(2) Before entering into a concession agreement, a public road controlling authority must—

• (a) obtain the Minister's prior written approval in principle; and

• (b) satisfy the Minister that the conditions referred to in subsection (3)(b)(i) that are attached to that approval have been met.

(3) In granting an approval in principle under subsection (2), the Minister—

• (a) must set conditions that protect public access to the associated new road:

• (b) may make the approval subject to any other conditions the Minister thinks fit, including (without limitation) conditions that—

  • (i) must be met before the public road controlling authority may enter into a concession agreement:

  • (ii) relate to the apportionment of risk as between the parties:

  • (iii) relate to the responsibilities of the parties:

  • (iv) relate to the rights of the parties:

• (c) may specify civil penalties for breach of the conditions referred to in paragraph (b), and establish a procedure for resolving disputes about the application of those penalties.

(4) Conditions imposed under subsection (3) form part of the relevant concession agreement.

(5) The term of a concession agreement must not exceed 35 years from the date on which the associated new road is opened to the public, except that the Minister may, before the expiry of the agreement, approve an extension of the agreement once only by up to 10 years if he or she is satisfied that—

• (a) there are exceptional circumstances justifying the extension; and

• (b) the extension is justified in terms of the criteria set out in section 58(1)(a) and (b); and

• (c) the concession agreement has been in effect for at least two-thirds of its term.

(6) A concession agreement must not include any provision that provides a disincentive for a person to pursue other sustainable transport options (for example, public transport or the implementation of demand management strategies).

(7) In performing functions, exercising rights or powers, or providing services under a concession agreement, a concessionaire must act in accordance with the agreement and this Part.

(8) This section does not empower any person to levy a toll.

A public road controlling authority that has an approval in principle to enter into a concession agreement may enter into a concession agreement if the Minister has notified the public road controlling authority that he or she is satisfied that it has met the relevant conditions attached to the approval under section 56(3)(b)(i).

(1) In considering whether to grant an approval under section 56, the Minister must—

• (a) be satisfied that the activity contributes to the purpose of this Act; and

• (b) take into account how the activity—

  • (i) assists economic development; and

  • (ii) assists safety and personal security; and

  • (iii) improves access and mobility; and

  • (iv) protects and promotes public health; and

  • (v) ensures environmental sustainability; and

• (c) take into account any current national land transport strategy, relevant regional land transport strategy, relevant regional public transport plan, any relevant GPS, and National Energy Efficiency and Conservation Strategy; and

• (d) take into account the availability of alternative land transport options and the impact of the activity on those options; and

• (e) take into account the land transport options and alternatives that have been considered by the public road controlling authority; and

• (f) take into account whether the activity is consistent with current priorities for land transport expenditure; and

• (g) take into account the outcome of consultation undertaken by the public road controlling authority.

(2) The Minister must not approve a public road controlling authority entering into a concession agreement in respect of an activity unless—

• (a) either—

  • (i) the activity is included in the current national land transport programme; or

  • (ii) the Minister is satisfied that the activity has a high degree of support from affected communities; and

• (b) the land and road comprised in the agreement will be owned by a road controlling authority during the term of the agreement.

(3) The fact that an approval has been granted under section 56 in respect of an activity does not of itself make the activity an approved activity.

(4) If the Agency has assessed an activity against any criterion in subsection (1) in the course of performing its functions and duties under section 19 or section 20, the Minister is entitled to rely on that assessment and need not separately assess the activity against that criterion for the purpose of this section.

(5) The application of subsection (2)(a)(i) is subject to section 109.

(1) A public road controlling authority that seeks funding by way of a concession agreement must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

(2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

(1) A concession agreement may include any terms and conditions agreed by the parties that are not inconsistent with—

• (a) the terms and conditions of the Minister's approval under section 56; or

• (b) the provisions of, or requirements under, this Act or any other enactment.

(2) In addition, a concession agreement must include the functions, duties, and powers under Part 21 of the Local Government Act 1974 or Part 4 of the Government Roading Powers Act 1989 that are delegated under section 61.

(1) A road controlling authority may, with the prior approval of the Minister, delegate in writing to a concessionaire all or any of its functions and powers under—

• (a) Part 21 of the Local Government Act 1974; or

• (b) Part 4 of the Government Roading Powers Act 1989, other than the power under section 61(3) to make bylaws or the power under section 62 to delegate.

(2) While functions or powers of a road controlling authority are delegated to a concessionaire under subsection (1),—

• (a) the concessionaire must perform or exercise the delegated functions, duties, or powers in its own name and is liable accordingly; and

• (b) neither the road controlling authority nor the Crown is answerable for any act or default of the concessionaire in the performance or exercise of any functions, duties, or powers so delegated; and

• (c) the road controlling authority may not perform or exercise any of the functions, duties, or powers so delegated without first revoking that delegation.

(3) A concessionaire to whom any functions or powers are delegated under subsection (1) may, with the prior approval in writing of the Minister and the road controlling authority, delegate to any other person such of those functions or powers as are so approved.

(4) [Repealed]

(1) This section applies in relation to delegations under section 61.

(2) A person may, subject to any general or special directions given or conditions imposed by the road controlling authority, exercise any functions or powers under a delegation in the same manner and with the same effect as if they had been conferred or imposed on that person directly by section 61 and not by delegation.

(3) A delegation may be made—

• (a) to a specified person or to persons of a specified class; or

• (b) to the holder or holders for the time being of a specified office or specified class of office.

(4) A delegation must be given for a specified period but in any event is revocable on the terms and conditions agreed in the relevant concession agreement.

(5) Until it is revoked or it expires, a delegation continues in force according to its tenor, despite the fact that the person by whom it was made may cease to hold office, and continues to have effect as if it were made by the person for the time being holding that office.

(6) A person purporting to act under a delegation must, when reasonably requested to do so, produce evidence of his or her authority to so act.

(7) A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(1) A road controlling authority may, for the purpose of enabling a concessionaire to discharge any responsibilities under a concession agreement or this Part, grant a lease for a term not longer than 35 years over any land under the control of the road controlling authority.

(2) However, a road controlling authority may extend the lease once only by up to 10 years in order to align the term of the lease as closely as practicable with the term of a related concession agreement (as provided for in section 56(5)).

(3) In subsection (1), land includes—

• (a) an estate, right, title, or interest in land; and

• (b) a road or portion of a road; and

• (c) land acquired by the road controlling authority under the Public Works Act 1981.

(4) The lease—

• (a) may be set out in the concession agreement or in a separate deed or agreement:

• (b) may be for the whole or any part of any period or periods within the concession agreement and on any terms and conditions that the road controlling authority thinks fit:

• (c) if so required by the Minister, must include provisions setting out the rights and responsibilities of the lessor and lessee, including provisions about matters such as fees:

• (d) must include provisions relating to the protection of public access to the land.

(5) While the concession has effect, the grant of the lease—

• (a) is not a subdivision for the purposes of section 218 of the Resource Management Act 1991; and

• (b) is not subject to sections 40 to 42 of the Public Works Act 1981.

(6) For the purposes of the Rating Powers Act 1988 and the Local Government (Rating) Act 2002, land subject to a lease under subsection (1) and formed and used for a road is not rateable property.

(7) A licence must not be granted for the purpose referred to in subsection (1).

Despite anything in the Land Transfer Act 1952, if a lease under section 63 is in the form of a deed and the lease is granted over land for which no certificate of title or computer register has been issued or created under that Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, the Minister may request the Registrar-General of Land to register the deed by constituting it as a computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and the Registrar-General of Land must register the deed accordingly.

(1) This section applies in relation to persons who are enforcement officers under the Land Transport Act 1998.

(2) In relation to a concession road or toll road and to any person, vehicle, or animal on that road,—

• (a) enforcement officers who are constables and enforcement officers who are a Police employee who is not a constable authorised for the purpose by the Commissioner may enforce the provisions of this Part and the other enactments referred to in section 113(1) of the Land Transport Act 1998, and, to avoid doubt, the road must be regarded for this purpose as a road as defined in section 2(1) of that Act; and

• (b) other enforcement officers who are appointed for the purposes of this Part under section 208(1) of the Land Transport Act 1998 may enforce the provisions of this Part relating to tolls, and, to avoid doubt, the road must be regarded for this purpose as a road as defined in section 2(1) of that Act; and

• (c) the provisions of the Summary Proceedings Act 1957 and the regulations in force under that Act apply accordingly.

(3) For the purposes of sections 52(1)(c) and 53 of the Land Transport Act 1998, an enforcement officer who gives or imposes any lawful requirement, direction, notice, request, or prohibition in relation to a person, vehicle, or animal on a concession road or toll road must be regarded as acting in the execution of his or her functions or powers under that Act.

(1) This subpart enables a region to obtain, by the imposition of a fuel tax for the region (known as a regional fuel tax), the funding that it needs to contribute to capital projects that—

• (a) will result in a net benefit to the region; and

• (b) are a priority for the region; and

• (c) will not reasonably be fully funded from sources other than a regional fuel tax within the time frame desired by the region.

(2) This subpart—

• (a) provides a process for a region to develop and establish a regional fuel tax scheme (sections 65E to 65P), that—

  • (i) forms the basis for imposing a regional fuel tax in a particular region; and

  • (ii) is approved by Order in Council made under section 65O(1):

• (b) provides for the review of a regional fuel tax scheme (section 65Q):

• (c) provides for—

  • (i) the collection of regional fuel tax from any person who supplies fuel to a retail destination in a region that is subject to a regional fuel tax scheme (sections 65T to 65Y); and

  • (ii) refunds of regional fuel tax (sections 65ZB and 65ZC):

• (d) provides for the distribution of regional fuel tax to project agencies, which are responsible for the capital projects included in the relevant regional fuel tax scheme (sections 65Z and 65ZA).

(3) This section is intended only as a guide to the general scheme and effect of this subpart.

The purposes of this subpart are—

• (a) to contribute to an affordable, integrated, safe, responsive, and sustainable land transport system; and

• (b) to provide funding from regional fuel tax for capital projects in a region that—

  • (i) will result in a net benefit to the region; and

  • (ii) are a priority for the region; and

  • (iii) will not reasonably be fully funded from sources other than a regional fuel tax within the time frame desired by the region.

In this subpart, unless the context otherwise requires,—

(1) This subpart does not apply in the Chatham Islands, or to fuel sold, or agreed to be sold, or disposed of, for delivery within the Chatham Islands or used there by any fuel distributor.

(2) Despite anything in section 105(11), (12), and (13), a regional fuel tax scheme prepared under this subpart must be prepared in relation to a region.

(3) For the purposes of subsection (2), region—

• (a) has the same meaning as in the Local Government Act 2002; but

• (b) in relation to Auckland, means Auckland (as defined in section 4(1) of the Local Government (Auckland Council) Act 2009.

(4) [Repealed]

(1) Subject to subsection (3), this section applies if a regional transport committee on behalf of a regional council considers that—

• (a) its region needs funding for 1 or more capital projects that it considers are a priority for the region, which may include capital projects located in another region; and

• (b) full funding for those capital projects from any other source is not reasonably available within the time frame desired by the regional transport committee.

(2) If this section applies, a proposed regional fuel tax scheme may be prepared by the relevant regional transport committee on behalf of the relevant regional council.

(3) [Repealed]

(4) [Repealed]

(5) [Repealed]

A proposed regional fuel tax scheme must—

• (a) identify and describe each capital project that is included in the proposed scheme, which may include capital projects located in another region; and

• (b) state the anticipated timing and costs of each of those capital projects; and

• (c) state how each of those capital projects is to be funded, including—

  • (i) the expenditure to be funded from regional fuel tax; and

  • (ii) the expenditure to be funded from sources other than regional fuel tax; and

• (d) provide the details of every project agency that has accepted responsibility for each of those capital projects.

(1) A proposed regional fuel tax scheme must—

• (a) include a statement of the expected contribution to the region’s outcomes that are identified in any relevant regional land transport strategy; and

• (b) provide for the proposed scheme's intended start date, which—

  • (i) must not be earlier than 9 months after the commencement of this subpart; and

  • (ii) must fall on the first day of January, April, July, or October; and

  • (iii) must allow for a reasonable period in which retailers may prepare for the introduction of a regional fuel tax scheme; and

• (c) provide the date that the proposed scheme ends; and

• (d) state the rate or rates of regional fuel tax that are required under the proposed scheme, which,—

  • (i) in the case of Auckland, may not exceed 5 cents per litre of fuel for all of the capital projects that have been identified by Auckland as priorities for that region, subject to section 65M; and

  • (ii) in every other case, may not exceed 10 cents per litre of fuel for all of the capital projects that have been identified by any other region as priorities for that region; and

• (e) provide the date that the rate applies (if there is only 1 rate) or the dates that each of the rates applies (if there is more than 1 rate), provided that the rate or rates may only apply from the first day of January, April, July, or October; and

• (f) state the duration of the regional fuel tax contribution to each capital project that is included in the proposed scheme; and

• (g) state the allocation of revenue between each of the capital projects covered by the proposed scheme; and

• (h) include any other information or other matter that may be prescribed by regulations made under this subpart.

(2) The maximum duration of a regional fuel tax contribution referred to in subsection (1)(f) is 30 years.

(3) However, the maximum duration referred to in subsection (2) may be extended by 5 years, but only if the additional 5 years arises out of a material change in circumstances that results in a replacement of the scheme under section 65S.

(4) Despite subsection (1)(d),—

• (a) in all cases no more than a maximum of 5 cents per litre of fuel may be used for carriageways for general traffic; and

• (b) the total rate of any regional fuel tax scheme may not exceed—

  • (i) 2 cents per litre of fuel in 2009; and

  • (ii) 5 cents per litre of fuel in 2010.

When preparing a proposed regional fuel tax scheme, a regional transport committee must consult—

• (a) every affected approved organisation (which, for the avoidance of doubt, in Auckland, includes Auckland Transport); and

• (b) the Agency; and

• (c) the Commissioner; and

• (d) the Ministry of Health; and

• (e) affected district health boards; and

• (f) the Accident Compensation Corporation; and

• (g) the New Zealand Historic Places Trust; and

• (h) the New Zealand Railways Corporation; and

• (i) representative groups of land transport users and providers (including representative groups of coastal shipping users and providers); and

• (j) affected communities; and

• (k) Māori of the region; and

• (l) the public in the region.

(1) In carrying out the consultation required by section 65H, a regional transport committee must—

• (a) act in accordance with the consultation principles set out in section 82 of the Local Government Act 2002; and

• (b) use the special consultative procedure under sections 83, 87(2)(a), and 89 of the Local Government Act 2002.

(2) A regional transport committee complies with subsection (1) if the required consultation on its proposed regional fuel tax scheme is carried out in conjunction with—

• (a) the relevant regional council’s consultation on its long-term plan or its annual plan under the Local Government Act 2002; or

• (b) any other consultation under this Act.

The relevant regional transport committee may lodge its proposed regional fuel tax scheme with the relevant regional council if the regional transport committee is satisfied that—

• (a) the proposed regional fuel tax scheme would contribute to an affordable, integrated, safe, responsive, and sustainable land transport system and will result in a net benefit to the region; and

• (b) the following matters have been taken into account:

  • (i) any relevant GPS:

  • (ii) any relevant national land transport strategy and any relevant national energy efficiency and conservation strategy:

  • (iii) any relevant regional land transport strategies:

  • (iv) any relevant regional public transport plans:

  • (v) the consultation undertaken under section 65H; and

• (c) the capital projects included in the proposed scheme are consistent with the region’s priorities for land transport expenditure; and

• (d) full funding for those capital projects from any other source will not reasonably be available within the time frame desired by the regional transport committee; and

• (e) forecast regional fuel tax revenue and regional fuel tax expenditure have been aligned; and

• (f) adequate consideration has been given to phasing the proposed regional fuel tax to mitigate the financial impact of the proposed regional fuel tax scheme on people resident in the region; and

• (g) retailers will have a reasonable period in which to prepare for the introduction of a regional fuel tax scheme.

(1) The relevant regional council may, after considering a proposed regional fuel tax scheme that has been lodged with it under section 65J, decide—

• (a) to lodge the proposed scheme with the responsible Ministers; or

• (b) to refer the proposed scheme back to the regional transport committee with a request that the regional transport committee reconsider 1 or more aspects of the proposed scheme.

(2) A proposed scheme that is lodged with the responsible Ministers must include a statement of how the matters set out in section 65J have been addressed.

(3) If a regional council refers the proposed regional fuel tax scheme back to its regional transport committee, the regional transport committee may, after reconsidering the aspects referred to it by the regional council in its request, forward to the regional council either or both of the following:

• (a) an amended proposed scheme:

• (b) any additional information that has been requested by the regional council or that the regional transport committee considers will help the regional council with its decision.

The Agency’s functions under this subpart include—

• (a) providing the responsible Ministers with any advice, as requested by the responsible Ministers, relating to the effect that a proposed regional fuel tax scheme may have on the national land transport programme; and

• (b) the following functions in respect of regional fuel tax:

  • (i) collection; and

  • (ii) distribution; and

  • (iii) providing refunds; and

  • (iv) prosecution of offences specified in section 65ZD.

(1) If the proposed regional fuel tax scheme that is lodged with the responsible Ministers under section 65K is for Auckland, the responsible Ministers may amend the proposed scheme by including 1 or more capital projects that the responsible Ministers have identified as priorities for Auckland, provided that the responsible Ministers are satisfied that the projects are consistent with the Auckland regional land transport strategy.

(2) However, the rate of regional fuel tax at any one time under a regional fuel tax scheme for Auckland may not exceed 10 cents per litre of fuel, which is made up as follows:

• (a) a maximum of 5 cents per litre of fuel for capital projects specified by the relevant region; and

• (b) a maximum of 5 cents per litre of fuel for any capital projects specified by the responsible Ministers.

(3) Despite subsection (2), no more than a combined maximum of 5 cents per litre of fuel may be used for carriageways for general traffic in Auckland.

(1) The responsible Ministers may, after considering a proposed regional fuel tax scheme, or a proposed scheme that they have amended under section 65M, decide—

• (a) to recommend to the Governor-General the making of an Order in Council to approve the proposed regional fuel tax scheme and prescribe the rate or rates of regional fuel tax under that proposed scheme; or

• (b) to refer the proposed regional fuel tax scheme back to the regional council with a request that the relevant regional transport committee reconsider 1 or more of the aspects of the proposed scheme; or

• (c) to decline to recommend the making of an Order in Council under section 65O(1).

(2) If the responsible Ministers refer the proposed regional fuel tax scheme back to the regional council, the regional council must refer the proposed scheme back to the relevant regional transport committee under section 65K(1)(b).

(1) The Governor-General may, by Order in Council made on the recommendation of the responsible Ministers,—

• (a) approve a regional fuel tax scheme; and

• (b) prescribe the rate or rates of regional fuel tax that apply under that scheme; and

• (c) provide the date that the rate applies (if there is only 1 rate) or the dates that each of the rates applies (if there is more than 1 rate), provided that—

  • (i) the rate or rates may only apply from the first day of January, April, July, or October; and

  • (ii) must not apply earlier than 9 months after the commencement of this subpart.

(2) There may be only 1 regional fuel tax scheme for each region.

(3) An Order in Council under subsection (1) must include a copy of the regional fuel tax scheme that it approves.

(4) If an Order in Council under subsection (1) prescribes 1 or more rates of regional fuel tax that are to apply over the period covered by the scheme,—

• (a) only 1 rate of regional fuel tax may apply at any one time; and

• (b) the applicable rate must not exceed 10 cents per litre of fuel.

(5) An Order in Council made under subsection (1) is a regulation for the purposes of—

• (a) the Regulations (Disallowance) Act 1989; and

• (b) the Acts and Regulations Publication Act 1989.

(1) The responsible Ministers must not recommend the making of an Order in Council under section 65O(1) unless the responsible Ministers are satisfied that the following have been correctly considered:

• (a) the matters set out in section 65J; and

• (b) the impact of the proposed regional fuel tax scheme on the national land transport programme; and

• (c) in respect of a proposed scheme amended under section 65M(1), whether the proposed scheme will—

  • (i) contribute to an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (ii) result in a net benefit to the Auckland Region.

(2) The responsible Ministers may, at their discretion,—

• (a) recommend or decline to recommend the making of an Order in Council under section 65O(1):

• (b) after consulting the relevant region about its proposal, recommend the making of an Order in Council under section 65O(1) that contains provisions different from those contained in the proposed regional fuel tax scheme prepared by the region.

(1) At any time after its regional fuel tax scheme has started, the relevant regional transport committee, on behalf of the relevant regional council, may review the scheme.

(2) As a result of the review, the regional transport committee may decide to—

• (a) leave the scheme unchanged; or

• (b) vary the scheme under section 65R, to change the allocation of regional fuel tax revenue between the capital projects already included in the scheme; or

• (c) replace the scheme under section 65S, provided that a scheme may not be replaced more than once every 3 years.

(3) If the regional transport committee decides to vary or replace a scheme in accordance with subsection (2), the allocation of regional fuel tax revenue to a capital project included in the scheme must not be reduced without the prior agreement of the relevant project agency.

(1) If the regional transport committee decides to vary the allocation of regional fuel tax revenue between the capital projects included in a regional fuel tax scheme under section 65Q, the regional transport committee must act in accordance with sections 65J to 65P.

(2) The requirements set out in sections 65J to 65P that apply to a proposed regional fuel tax scheme apply, with all necessary modifications, to varying a regional fuel tax scheme.

(3) To avoid doubt, the consultation requirements as set out in sections 65H and 65I do not apply to a variation of a regional fuel tax scheme.

(1) Subject to subsection (3), if the regional transport committee decides to replace a regional fuel tax scheme with a new scheme under section 65Q(2)(c), the regional transport committee must act in accordance with sections 65E to 65P.

(2) The requirements of sections 65E to 65P that apply to a proposed regional fuel tax scheme apply, with all necessary modifications, to replacing a regional fuel tax scheme.

(3) A regional fuel tax scheme may be replaced not more than once every 3 years.

(1) The Agency may start collecting regional fuel tax in relation to a regional fuel tax scheme that is approved by Order in Council made under section 65O(1) from the date specified in the Order in Council, which must be the first day of January, April, July, or October.

(2) The power of the Agency to collect regional fuel tax in relation to the relevant regional fuel tax scheme is exercisable—

• (a) during the period specified for the purpose in the relevant Order in Council made under section 65O(1); or

• (b) if no period is specified in that Order in Council, while the relevant scheme remains in force.

(1) Any fuel sold from a retail destination in a region that is subject to a regional fuel tax scheme is liable to regional fuel tax.

(2) Any person who supplies fuel to a retail destination in a region that is subject to a regional fuel tax scheme must pay to the Agency the appropriate amount of regional fuel tax on the fuel.

(1) Every person who must pay a regional fuel tax under section 65U must send to the Agency a monthly return as prescribed in regulations made under this Act.

(2) A monthly return must be sent to the Agency within 28 days after the end of the month in which fuel was supplied to a retail destination in a region subject to a regional fuel tax scheme.

(3) The regional fuel tax payable (as outlined in a monthly return) must be paid within 20 days after the end of the month in which a monthly return was sent to the Agency.

(4) If a regional fuel tax that has become payable remains unpaid after the date on which it became payable under subsection (3), 10% of the amount of the tax unpaid must be added to it by way of additional tax, and must be paid accordingly.

(5) The amount of any unpaid regional fuel tax (including any associated enforcement costs) is recoverable in any court of competent jurisdiction as a debt due to the Agency.

(6) The Agency may reasonably request any person to provide information relevant to compliance with the payment of regional fuel tax.

(1) The Agency may, in confirming the regional fuel tax paid by a person under section 65U, rely on the information set out in the monthly return submitted under section 65V or may make an assessment of the correct amount payable.

(2) In making an assessment of the correct amount payable, the Agency may reasonably request any person to provide information relevant to the assessment of regional fuel tax payable.

(3) For the purposes of this subpart, the Auditor-General has, in respect of the records relating to the supply of fuel by any person who is liable to pay regional fuel tax, the same powers as the Auditor-General has under Part 4 of the Public Audit Act 2001.

(4) The Agency must comply with any requirement by the Auditor-General to make an assessment or amended assessment for the purpose of this subpart.

Every assessment made by the Agency under this subpart is taken to be correct, and the tax is payable accordingly, unless, on an appeal under section 65Y, a different amount is proved to be the tax payable on the fuel, or it is proved that no tax is payable, as the case may be.

(1) Within 14 days after a demand for the tax is made by the Agency in accordance with the Agency’s assessment, any person may appeal to a District Court against the assessment.

(2) On the hearing of the appeal, the District Court, whose decision is final, may confirm or amend the assessment made by the Agency.

(1) In respect of a regional fuel tax, the Agency must account for—

• (a) revenue received; and

• (b) refunds; and

• (c) revenue held for future refunds; and

• (d) administration and enforcement costs; and

• (e) interest received.

(2) Each financial year, there is payable out of the regional fuel tax received by the Agency—

• (a) payments to project agencies for capital projects that are included in a regional fuel tax scheme; and

• (b) any costs and expenses of the Agency that—

  • (i) arise out of the performance of its functions and duties and the exercise of its powers under this subpart; and

  • (ii) have been approved by the responsible Ministers; and

• (c) all refunds of regional fuel tax under regulations made under section 65ZE to the extent specified in the regulations without further appropriation than this paragraph.

(1) Every project agency must—

• (a) operate a regional fuel tax disbursement account into which must be paid all funds received by the project agency under section 65Z; and

• (b) ensure that all payments are made in accordance with a procurement procedure unless exempt under section 26.

(2) The Agency need not have a regional fuel tax disbursement account, but must—

• (a) comply with section 96; and

• (b) ensure that all payments by the Agency, in its capacity as a project agency, are made in accordance with a procurement procedure unless exempt under section 26.

(3) All expenditure from a regional fuel tax disbursement account must be accounted for in a manner prescribed by the Agency after consultation with the Controller and Auditor-General.

(4) Payments may be made from a regional fuel tax disbursement account only in respect of capital projects that are included in a regional fuel tax scheme.

(5) A project agency may—

• (a) carry forward to any later financial year any amount of the credit balance in its regional fuel tax disbursement account at the close of any financial year; and

• (b) use that money at any time for payments in accordance with this section.

(1) Persons using any fuel are, if they have applied for a refund in accordance with section 65ZC, entitled to a refund of regional fuel tax to the extent—

• (a) that the refund is for regional fuel tax actually paid; and

• (b) that the fuel has been used or will be used for—

  • (i) commercial non-road purposes; or

  • (ii) non-road purposes by a charitable entity registered under the Charities Act 2005; or

  • (iii) non-road purposes by a public sector organisation as defined in the Protected Disclosures Act 2000; and

• (c) specified in regulations made under section 65ZE.

(2) Nothing in this section applies to any fuel used for any purpose declared by regulations made under section 65ZE to be exempt from this section.

(3) Every refund of regional fuel tax will be calculated in accordance with the rate of regional fuel tax in effect on the date the fuel was purchased.

(1) Every application for a refund under section 65ZB must be—

• (a) made to the Agency; and

• (b) supported by any documentary evidence and any other information that the Agency may require or as may be prescribed in regulations made under this Act.

(2) Applications for refunds must be made in respect of periods ending with the date or dates approved by the Agency.

(3) No refund may be allowed unless application for the refund is made within 12 months following the close of the period in respect of which the application is made.

(4) If the application for a refund is made after the expiration of 3 months from the close of the relevant period but within 12 months after the close of that period, the amount of the refund otherwise payable must be reduced by 10% unless a full refund is allowed under subsection (5).

(5) If application for a refund is made after the expiration of 3 months from the close of the relevant period, whether or not it is made within 12 months after the close of that period, the Agency may, at its discretion, allow a full refund.

(6) The Agency may, at its discretion, allow a refund in any special case before the close of any period in respect of fuel supplied within that period.

(7) The Agency may reclaim an overpayment of a refund.

(8) The Agency may reasonably request any person to provide information relating to an application for a refund of regional fuel tax.

(1) A person commits an offence if the person knowingly—

• (a) refuses or fails to file a monthly return under section 65V; or

• (b) refuses or fails to provide information, as reasonably requested by the Agency, relevant to—

  • (i) the compliance with or enforcement of regional fuel tax under section 65V; or

  • (ii) the assessment of regional fuel tax payable under section 65W; or

  • (iii) the application for a refund of regional fuel tax under section 65ZC; or

• (c) refuses or fails to pay any regional fuel tax payable by that person under this subpart; or

• (d) provides altered, false, incomplete, or misleading information under section 65V; or

• (e) evades the payment of any regional fuel tax that the person is liable to pay under this Act.

(2) A person commits an offence who, for the purposes of sections 65V, 65W, 65ZB, or 65ZC, makes any application or provides any information that the person knows is false in any material particular.

(3) A person who commits an offence against subsection (1) or (2) is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000; or

• (b) in the case of a body corporate, to a fine not exceeding $100,000.

(4) Despite anything in the Summary Proceedings Act 1957, any information for an offence against subsection (1) or (2) may be laid at any time within 3 years after the date of the offence.

The Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:

• (a) providing for the assessment and collection of regional fuel tax:

• (b) specifying any information that the Agency is required to provide to the responsible Ministers or any other specified person or organisation:

• (c) specifying any information that a project agency is required to provide to the Agency or any other specified person or organisation:

• (d) providing for exemptions from, or waivers or refunds of, any regional fuel tax under this subpart, in whole or in part, in any class of case:

• (e) prescribing forms to be used for the purposes of this subpart:

• (f) prescribing the matters that must be included in forms (other than prescribed forms) used in connection with regional fuel tax schemes:

• (g) prescribing matters to be included in any returns to be made or accounts or records to be kept by any person for any purpose under this subpart:

• (h) providing for any other matter contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.