Land Transport Management Amendment Act 2008

16 New headings and sections 12 to 18M substituted

• The heading above section 12 and sections 12 to 18 are repealed and the following headings and sections substituted:

  “Regional land transport programmes

  “12 Overview of regional land transport programmes

  • “(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 the Auckland region, ARTA), 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.

  “13 Responsibility for preparing and approving regional land transport programmes

  • “(1) Every 3 financial years, each regional council, in the case of every region except the Auckland region, 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, ARTA (in the case of the Auckland region) 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) Before ARTA prepares an Auckland regional land transport programme, ARTA must consult with the Auckland regional transport committee about—

    • “(a) ARTA's proposed areas of focus for the programme; and

    • “(b) the process ARTA intends to use in preparing the programme.

    “(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.

  “14 Core requirements of regional land transport programmes prepared by regional transport committees

  • 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) likely funding from any source.

  “15 Core requirements of regional land transport programmes prepared by ARTA

  • ARTA 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

    • “(b) give effect to the matters in the Auckland regional land transport strategy, unless it is required to do otherwise by operational considerations that affect the sequencing and timing of activities, the funding available to it, or its statutory functions, duties, or powers; and

    • “(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) likely funding from any source.

  “16 Form and content of regional land transport programmes (for regions other than Auckland region)

  • “(1) For the purpose of seeking payment from the national land transport fund, a regional land transport programme (for regions other than the Auckland region) 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.

  “17 Form and content of ARTA's regional land transport programmes

  • “(1) For the purpose of seeking payment from the national land transport fund, ARTA'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 ARTA decides to include in ARTA's regional land transport programme:

      • “(i) activities or combinations of activities proposed by approved organisations in the region; 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 the Agency wishes to see included in ARTA's regional land transport programme; and

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

    • “(c) 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), 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) ARTA's regional land transport programme must contain assessments by ARTA of—

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

    • “(b) the relationship of police activities or combinations of police activities to ARTA's regional land transport programme.

    “(3) ARTA's 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 ARTA's 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 ARTA's regional land transport programme; and

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

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

    • “(j) a summary of the policy relating to significance adopted by ARTA 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, ARTA's regional land transport programme must be in the form and contain the detail that the Agency may prescribe in writing to ARTA.

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

  “18 Consultation requirements

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

    • “(a) every affected regional council; 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.

  “18A Consultation principles

  • “(1) In carrying out the consultation required under section 18, a regional transport committee or ARTA (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 or ARTA 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 council community plan or its annual plan under the Local Government Act 2002.

    “(3) When consulting under section 18 and this section with respect to its regional land transport programme, ARTA need not consult any organisation or person referred to in section 18 about any activity or combination of activities in its regional land transport programme if an Auckland local authority has already consulted that organisation or person about the activity or combination of activities in the course of preparing that local authority’s current long-term council community plan or annual plan in accordance with the Local Government Act 2002.

  “18B Process for approving regional land transport programmes prepared by regional transport committees

  • “(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).

  “18C ARTA must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency

  • When forwarding its regional land transport programme to the Agency, ARTA 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.

  “18D Variation of regional land transport programmes

  • “(1) If good reason exists to do so, a regional transport committee or ARTA 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 ARTA—

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

    • “(b) on ARTA’s own motion.

    “(4) The regional transport committee or ARTA 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 ARTA 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 ARTA.

    “(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.

  “18E Changes to certain activities or combinations of activities

  • “(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 the Auckland region.

  “18F Availability of regional land transport programmes

  • A regional council or ARTA (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.

  “18G Separate consultation with Māori on particular activities

  • “(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.

  “18H Māori contribution to decision making

  • “(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.

  “Police activities or combinations of police activities

  “18I Recommendations for police activities or combinations of police activities

  • 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.

  “18J Requirements before recommending police activities or combinations of police activities

  • “(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.

  “18K Content of recommendations under section 18I

  • 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.

  “18L Approval of recommendations

  • “(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.

  “18M Variation of approval

  • “(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.”