Land Transport Management Amendment Act 2008

43 New Parts 3 and 4 substituted

• Part 3 is repealed and the following Parts are substituted:

  “Part  3
  “Land transport strategic documents

  “National land transport strategy

  “66 Overview of national land transport strategy

  • “(1) A national land transport strategy, which is completed by the Minister every 6 financial years and covers a period of at least 30 financial years, enables the Minister to provide guidance to the land transport sector on the Crown’s outcomes and objectives in relation to land transport in New Zealand.

    “(2) 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.

  “67 Responsibility for completing national land transport strategy

  • “(1) The Minister may, on behalf of the Crown, complete a national land transport strategy that—

    • “(a) takes effect on—

      • “(i) the 28th day after the date of its notification in the Gazette; or

      • “(ii) any later date specified in the national land transport strategy; and

    • “(b) covers a period of at least 30 financial years.

    “(2) At least once in every 6 financial years after the first national land transport strategy takes effect, the Minister—

    • “(a) must review the national land transport strategy; and

    • “(b) may amend or replace the national land transport strategy.

    “(3) The Minister may amend or replace a national land transport strategy by following, with any necessary modifications, the procedure provided in sections 70 and 71.

    “(4) An amendment forms part of the national land transport strategy it amends.

    “Compare: 1998 No 110 ss 170(1), 172(1), 173

  “68 Core requirements of national land transport strategy

  • The Minister must, in preparing a national land transport strategy,—

    • “(a) ensure that the national land transport strategy—

      • “(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

    • “(b) take into account any—

      • “(i) national energy efficiency and conservation strategy; and

      • “(ii) relevant national policy statement that is for the time being in force under the Resource Management Act 1991.

    “Compare: 1998 No 110 s 170(3)

  “69 Form and content of national land transport strategy

  • “(1) A national land transport strategy may be produced in the form that the Minister considers appropriate.

    “(2) A national land transport strategy—

    • “(a) must include the following matters:

      • “(i) the Crown’s outcomes and objectives in relation to land transport in New Zealand over a period of at least 30 financial years; and

      • “(ii) the measurable targets to achieve those outcomes and objectives; and

    • “(b) may contain any other details that the Minister considers relevant.

  “70 Procedure for completing national land transport strategy

  • Before completing the national land transport strategy, the Minister must—

    • “(a) publish in the relevant daily newspapers a notice of the Minister’s proposal to complete the strategy, and also publish the notice in the Gazette; and

    • “(b) give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposal; and

    • “(c) consult such persons, representative groups within the land transport system or elsewhere, government departments, local authorities, and Crown entities as the Minister in each case considers appropriate.

    “Compare: 1998 No 110 s 171(1)

  “71 Availability of national land transport strategy

  • As soon as practicable after completing a national land transport strategy, the Minister must—

    • “(a) make a copy of the national land transport strategy publicly available in accordance with section 108; and

    • “(b) present a copy of the national land transport strategy to the House of Representatives; and

    • “(c) arrange for a copy of the national land transport strategy to be given to each of the following:

      • “(i) the Secretary:

      • “(ii) the Agency:

      • “(iii) the Commissioner:

      • “(iv) every regional transport committee:

      • “(v) every approved organisation.

    “Compare: 1998 No 110 s 171(2)

  “72 Effect of national land transport strategy

  • “(1) The Secretary must ensure that the actions of the Ministry take into account any national land transport strategy.

    “(2) In exercising its powers or performing its functions and duties, the Agency must take into account any national land transport strategy.

    “(3) The Commissioner must, except to the extent that his or her statutory functions or duties or common law obligations in any particular case otherwise require, ensure that in exercising his or her powers or performing his or her functions and duties he or she takes into account any national land transport strategy.

    “Compare: 1998 No 110 s 174

  “Regional land transport strategies

  “73 Overview of regional land transport strategy

  • “(1) A regional land transport strategy, which (for regions other than Auckland) is prepared by the relevant regional transport committee for each region on behalf of the relevant regional council every 6 financial years and covers a period of at least 30 financial years, enables each regional council to provide guidance on the land transport outcomes sought by the region.

    “(2) 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.

  “74 Responsibility for preparing and approving regional land transport strategies

  • “(1) At least once in every 6 financial years, each regional council must—

    • “(a) ensure that the relevant regional transport committee prepares, on the regional council’s behalf, a regional land transport strategy that covers a period of at least 30 financial years; and

    • “(b) approve the regional land transport strategy.

    “(2) For the purposes of this section and of sections 75 to 83, that part of the district of the Franklin District Council that is within the region of the Waikato Regional Council is to be treated—

    • “(a) as not being part of the region of the Waikato Regional Council; but

    • “(b) as being part of the region of the Auckland Regional Council.

    “(3) Nothing in this section or in sections 75 to 83 applies to the Auckland Regional Council or to Auckland’s regional land transport strategy.

    “(4) Despite subsection (3), Schedule 7 applies to the Auckland Regional Council and to Auckland’s regional land transport strategy.

    “Compare: 1998 No 110 s 175(5)

  “75 Core requirements for regional land transport strategies

  • A regional transport committee must, when preparing a regional land transport strategy on behalf of a regional council,—

    • “(a) ensure that the regional land transport strategy—

      • “(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 any—

        • “(A) national land transport strategy; and

        • “(B) relevant national policy statement or any relevant regional policy statement or regional plan that is for the time being in force under the Resource Management Act 1991; and

      • “(iv) avoids, to the extent reasonable in the circumstances, adverse effects on the environment; and

    • “(b) take into account—

      • “(i) the relevant GPS; and

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

      • “(iii) any relevant district plans.

    “Compare: 1998 No 110 s 175(2)(e), (3), (4)

  “76 Other matters that must be taken into account

  • When preparing a regional land transport strategy on behalf of a regional council, a regional transport committee must also take into account—

    • “(a) any guidelines issued by the Minister for regional land transport strategies; and

    • “(b) the land transport funding likely to be available within the region for implementing the strategy during the period covered by the strategy; and

    • “(c) the views of affected communities; and

    • “(d) the views of land transport network providers in the region; and

    • “(e) the need to give early and full consideration to land transport options and alternatives in a way that contributes to the matters referred to in section 75(a)(iv), and paragraph (c); and

    • “(f) the need to provide early and full opportunities for persons and organisations listed in section 78(1) to contribute to the development of those regional land transport strategies; and

    • “(g) the need to take account of the relevant regional council's function under section 30(1)(gb) of the Resource Management Act 1991 to consider the strategic integration of transport infrastructure with land use through objectives, policies, and methods.

    “Compare: 1998 No 110 s 175(2)(b)–(d), (f)–(i), (q)

  “77 Contents of regional land transport strategies

  • A regional land transport strategy must contain the following matters:

    • “(a) inter-regional and intra-regional transport outcomes relevant to the region; and

    • “(b) the strategic options for achieving those outcomes; and

    • “(c) an assessment as to how the regional land transport strategy complies with sections 75 and 76; and

    • “(d) a statement of any relevant regional economic or land-use considerations, and the likely funding of any land transport infrastructure associated with those considerations; and

    • “(e) a demand management strategy; and

    • “(f) an assessment of the appropriate role for each land transport mode in the region; and

    • “(g) an assessment of the role of education and enforcement in contributing to the land transport outcomes; and

    • “(h) any regional passenger transport plan (within the meaning of section 47 of the Transport Services Licensing Act 1989); and

    • “(i) a statement that identifies any strategic option for which co-operation is required with other regions; and

    • “(j) a statement that identifies persons or organisations who should be involved in the further development of strategic options; and

    • “(k) measurable targets to be achieved to meet the outcomes of the regional land transport strategy; and

    • “(l) a statement provided by an independent auditor of how the process followed by the regional transport committee complied with the requirements of this Act; and

    • “(m) a summary of the policy relating to significance adopted by the regional transport committee under section 106.

    “Compare: 1998 No 110 s 175(2)(j)–(p); 2004 No 57 s 36

  “78 Consultation requirements

  • “(1) When preparing a proposed regional land transport strategy on behalf of a regional council, a regional transport committee must consult—

    • “(a) the adjoining regional councils and territorial authorities; and

    • “(b) the approved organisations in the region; and

    • “(c) the Secretary; and

    • “(d) the Agency; and

    • “(e) the Commissioner; and

    • “(f) the New Zealand Historic Places Trust; and

    • “(g) the New Zealand Railways Corporation; and

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

    • “(i) the Ministry of Health; and

    • “(j) the Accident Compensation Corporation; and

    • “(k) the district health boards in the region; and

    • “(l) affected communities; and

    • “(m) Māori of the region; and

    • “(n) the public in the region.

    “(2) In carrying out the consultation required by subsection (1), 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.

    “(3) A regional transport committee complies with subsection (2) if the required consultation on the regional land transport strategy 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.

    “(4) An approved organisation and the Agency must assist a regional transport committee that is preparing a regional land transport strategy by giving the regional transport committee any reasonably requested information that the regional transport committee needs in order to prepare the regional land transport strategy.

    “Compare: 1998 No 110 s 179

  “79 Process for approving regional land transport strategies

  • “(1) A regional transport committee that has prepared a regional land transport strategy on behalf of a regional council must, after it has consulted under section 78, lodge the regional land transport strategy with the regional council.

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

    • “(a) to approve the regional land transport strategy without modification; or

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

    “(3) If a regional council refers a regional land transport strategy 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 strategy that has been consulted on in accordance with section 78:

    • “(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.

  “80 Availability of regional land transport strategy

  • As soon as practicable after it has approved a regional land transport strategy, a regional council must—

    • “(a) forward copies of it to—

      • “(i) the Secretary; and

      • “(ii) the Agency; and

      • “(iii) the Commissioner; and

      • “(iv) the approved organisations in the region; and

    • “(b) make a copy of the approved regional land transport strategy publicly available in accordance with section 108.

    “Compare: 1998 No 110 s 177

  “81 Variation of regional land transport strategy

  • “(1) Subject to subsection (2), a regional council may vary its regional land transport strategy at any time.

    “(2) The provisions of this Act that apply to the preparation and approval of a regional land transport strategy apply, with the necessary modifications, to a variation of a regional land transport strategy.

    “(3) A variation forms part of the regional land transport strategy it varies.

    “(4) Subsection (2) does not apply to any variations that are not significant.

    “(5) A regional council must—

    • “(a) monitor its regional land transport strategy; and

    • “(b) promptly vary its regional land transport strategy if necessary to ensure that it is consistent with the national land transport strategy.

    “Compare: 1998 No 110 s 176

  “82 Effect of regional land transport strategies

  • “(1) The Secretary must ensure that the actions of the Ministry take into account any relevant regional land transport strategies.

    “(2) In exercising its powers or performing its functions and duties, the Agency must ensure that it takes into account any relevant regional land transport strategies.

    “(3) The Commissioner must, except to the extent that his or her statutory functions or duties or common law obligations in any particular case otherwise require, ensure that in exercising or performing his or her functions, duties, and powers he or she takes into account any relevant regional land transport strategies.

    “Compare: 1998 No 110 s 181

  “83 Progress reports on regional land transport strategy

  • “(1) Every 3 financial years a regional transport committee must prepare a progress report on the implementation of any regional land transport strategy in place during the previous 3 financial years.

    “(2) The Secretary, the Agency, the Commissioner, and the approved organisations in the relevant region must supply to the regional transport committee such information within its or his or her possession or control as may be reasonably requested by the regional transport committee for the purposes of preparing its progress report.

    “(3) Within 3 months after the close of the third financial year to which its progress report relates, the regional transport committee, on behalf of the relevant regional council, must—

    • “(a) forward copies of the report to—

      • “(i) the Secretary; and

      • “(ii) the Agency; and

      • “(iii) the Commissioner; and

      • “(iv) the territorial authorities in the region; and

    • “(b) make a copy of the progress report publicly available in accordance with section 108.

    “Compare: 1998 No 110 s 182

  “GPS

  “84 Overview of GPS

  • “(1) A GPS, which is issued by the Minister every 3 financial years, enables the Minister to—

    • “(a) guide the Agency and land transport sector on the outcomes and objectives, and the short- to medium-term impacts, that the Crown wishes to achieve—

      • “(i) through the national land transport programme; and

      • “(ii) from the allocation of the national land transport fund; and

    • “(b) link the amount of revenue raised from road users with the planned levels of expenditure from the national land transport fund.

    “(2) 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.

  “85 Status of GPS

  • To avoid doubt, a GPS is not—

    • “(a) a direction for the purposes of Part 3 of the Crown Entities Act 2004; and

    • “(b) a regulation for the purposes of the Acts and Regulations Publication Act 1989; and

    • “(c) a regulation for the purposes of the Regulations (Disallowance) Act 1989.

  “86 Minister must issue GPS before national land transport programme

  • “(1) The Minister must issue a new GPS in advance of the expiry of the current national land transport programme.

    “(2) A GPS must be in effect at all times over the same period as the current national land transport programme.

  “87 Preparation of GPS

  • “(1) The Minister must, in preparing the GPS,—

    • “(a) be satisfied that the GPS—

      • “(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 any—

        • “(A) national land transport strategy:

        • “(B) national energy efficiency and conservation strategy; and

    • “(b) take into account any relevant national policy statement that is in force under the Resource Management Act 1991; and

    • “(c) have regard to the views of Local Government New Zealand and representative groups of land transport users and providers (including representative groups of coastal shipping users and providers).

    “(2) Before issuing a GPS, the Minister must consult with the Agency about the proposed GPS.

  “88 Content of GPS

  • “(1) The GPS sets out how land transport funding is intended to improve the land transport sector in the context of land transport policy.

    “(2) The GPS must include the following:

    • “(a) the short- to medium-term impacts that the Crown wishes to achieve through the allocation of funding from the national land transport fund:

    • “(b) the activity classes to be funded from the national land transport fund:

    • “(c) likely changes to the duties, fees, and charges paid into the national land transport fund for the first 3 years of the period covered by the GPS:

    • “(d) an expenditure target for the national land transport programme for each of the first 3 years and any subsequent years that the Minister considers relevant:

    • “(e) a maximum and minimum level of expenditure for the national land transport programme for each of the first 3 years and any subsequent years that the Minister considers relevant (subject to the ability to carry forward funds from the closing balance of the national land transport fund for a financial year to a future financial year):

    • “(f) an allowable variation between expenses and capital expenditure incurred under the national land transport programme and the inflows received in the national land transport fund:

    • “(g) funding ranges for each activity class for a period of 6 financial years:

    • “(h) forecast funding ranges for each activity class for the period of 4 financial years following the first 6 financial years:

    • “(i) overall investment likely to be made in the land transport sector over a period of 10 financial years and the likely or proposed funding sources:

    • “(j) allowable reasons for varying the expenditure target identified in paragraph (d) when making funding allocation decisions:

    • “(k) a statement of the Minister's expectations of how the Agency gives effect to the GPS.

    “(3) The GPS may include the following:

    • “(a) background, including any relevant transport outcomes and objectives and any relevant land transport policies:

    • “(b) any relevant funding policy:

    • “(c) subject to the Public Finance Act 1989, any additional expected funding for land transport activities, including (but not limited to) any money that Parliament may appropriate for the purpose:

    • “(d) any other relevant matters.

  “89 Agency to give effect to GPS in respect of funding of land transport system

  • “(1) The Agency must give effect to the GPS when performing its functions under subpart 1 of Part 2 in respect of land transport planning and funding.

    “(2) To avoid doubt, the GPS may not impose an obligation on the Agency to approve or decline funding for a particular activity or any combinations of activities under section 20.

  “90 Amending current GPS

  • “(1) The Minister may amend the current GPS at any time.

    “(2) The provisions of this Act regarding the preparation and availability of a GPS—

    • “(a) apply with the necessary modifications to an amendment to the current GPS; but

    • “(b) do not apply if the amendment to the current GPS is not significant.

    “(3) An amendment forms part of the GPS it amends.

    “(4) For the purposes of this section, current GPS means the GPS that is in effect over the same period as the current national land transport programme.

  “91 Availability of GPS

  • As soon as practicable after issuing a GPS, the Minister must—

    • “(a) present a copy of the GPS to the House of Representatives; and

    • “(b) arrange for a copy of the GPS to be given to each of the following:

      • “(i) the Secretary:

      • “(ii) the Agency:

      • “(iii) the Commissioner:

      • “(iv) every approved organisation; and

    • “(c) make a copy of the GPS publicly available in accordance with section 108.

  “Part  4
  “New Zealand Transport Agency, regional transport committees, and miscellaneous provisions

  “Subpart 1—New Zealand Transport Agency

  “92 Overview

  • “(1) This subpart establishes the New Zealand Transport Agency and sets out the objective and functions of the Agency, its operating principles, and related provisions.

    “(2) This Act contains a range of accountability provisions relevant to the Agency's functions, duties, and powers under this Act, including the following:

    • “(a) section 11, which concerns the annual report on the national land transport fund; and

    • “(b) sections 16 and 17, which concern the form and content of regional land transport programmes, and include procedures for the Agency to propose activities or combinations of activities for inclusion in a programme; and

    • “(c) section 19D, which concerns notification by the Agency about decisions not to include activities or combinations of activities in a national land transport programme; and

    • “(d) section 20D, which concerns the giving of reasons by the Agency for any decision to approve or decline funding for an activity or combination of activities under section 20; and

    • “(e) section 89, which concerns the requirement for the Agency to give effect to the GPS when exercising its functions under subpart 1 of Part 2; and

    • “(f) section 96, which concerns the Agency’s operating principles, systems, and procedures; and

    • “(g) section 100, which concerns the Agency’s statement of intent; and

    • “(h) section 101, which concerns monitoring and review of specified activities and procedures of the Agency by the Secretary; and

    • “(i) section 109, which concerns the making of regulations requiring the Agency to disclose specified information or report in specified ways.

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

  “93 Establishment of New Zealand Transport Agency

  • “(1) This section establishes the New Zealand Transport Agency.

    “(2) The Agency is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    “(3) The Crown Entities Act 2004 applies to the Agency except to the extent that this Act expressly provides otherwise.

  “94 Objective of Agency

  • The objective of the Agency is to undertake its functions in a way that contributes to an affordable, integrated, safe, responsive, and sustainable land transport system.

  “95 Functions of Agency

  • “(1) The Agency has the following functions:

    • “(a) to promote an affordable, integrated, safe, responsive, and sustainable land transport system:

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

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

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

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

      • “(i) administration of land transport revenue and regional fuel taxes; and

      • “(ii) auditing the performance of approved organisations in relation to activities approved by the Agency and the operation of the land transport disbursement accounts of approved organisations:

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

    • “(g) to assist, advise, and co-operate with approved organisations:

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

    • “(i) to provide the Minister with any advice relating to the Agency’s functions that the Minister may request:

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

    • “(k) to carry out those functions conferred on the Agency by other provisions in this Act or under any other Act.

    “(2) The Agency’s statutorily independent functions are to—

    • “(a) issue, endorse, alter, replace, renew, suspend, or revoke any land transport document or other authorisation under any enactment; and

    • “(b) grant exemptions under any enactment; and

    • “(c) enforce the provisions of any enactment conferring functions or duties on the Agency; and

    • “(d) determine whether particular activities should be included in a national land transport programme; and

    • “(e) approve activities or combinations of activities under section 20; and

    • “(f) approve procurement procedures.

    “(3) In this section, land transport document includes—

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

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

  “96 Operating principles

  • “(1) In meeting its objective and undertaking its functions, the Agency must—

    • “(a) exhibit a sense of social and environmental responsibility, which includes—

      • “(i) avoiding, to the extent reasonable in the circumstances, adverse effects on the environment; and

      • “(ii) ensuring, in relation to its functions under section 95, and to the extent practicable, that persons or organisations preparing regional land transport programmes—

        • “(A) take into account the views of affected communities; and

        • “(B) give land transport options and alternatives an early and full consideration in a manner that contributes to the matters in subparagraph (i) and subsubparagraph (A); and

        • “(C) provide early and full opportunities to the persons and organisations who are required to be consulted in order to contribute to the development of regional land transport programmes; and

      • “(iii) meeting the requirements of section 18H (Māori contribution to decision making); and

    • “(b) use its revenue in a manner that seeks value for money, and,—

      • “(i) if the revenue is part of the national land transport fund, in accordance with section 10(3); and

      • “(ii) in all other cases, for the purpose for which it is collected; and

    • “(c) ensure that its revenue and expenditure are accounted for in a transparent manner; and

    • “(d) ensure that—

      • “(i) it acts in a transparent manner in its decision making under this Act; and

      • “(ii) it gives, when making decisions in respect of land transport planning and funding under subpart 1 of Part 2, the same level of scrutiny to its own proposed activities and combinations of activities as it would give to those proposed by approved organisations.

    “(2) The Agency must have systems and procedures to enable it to give effect to the principle set out in subsection (1)(d)(ii), and must—

    • “(a) make information about those systems and procedures available on its Internet site; and

    • “(b) include in its annual report under section 150 of the Crown Entities Act 2004 a report on its implementation of those systems and procedures.

    “(3) The Auditor-General must, when carrying out the annual audit of the Agency under section 15 of the Public Audit Act 2001, report on the Agency’s implementation of the systems and procedures referred to in subsection (2).

  “97 Agency must consider delegating or contracting out functions and powers

  • In the course of performing its functions and exercising its powers, the Agency must consider whether it could most efficiently and effectively perform those functions and exercise those powers by means of its own operations, or by delegating or contracting out those operations to appropriate persons.

  “98 Agency’s board

  • “(1) The Agency’s board must have at least 6, but no more than 8, board members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004.

    “(2) The responsible Minister must not appoint a board member unless he or she has consulted with the persons, representative groups within the land transport sector or elsewhere, government departments, and Crown entities that he or she considers appropriate.

    “(3) The Agency’s board must not delegate any functions or powers delegated to the board by the Minister without the written consent of the Minister.

  “99 Use of certain words

  • “(1) No person other than the Agency may, either alone or with another person, be incorporated or registered under another enactment, trade or carry on business, or perform the functions for which it was formed—

    • “(a) under a name that contains the words New Zealand Transport Agency; or

    • “(b) under a name that so resembles the words New Zealand Transport Agency as to be likely to mislead.

    “(2) On or from the commencement of this Act until 31 December 2011, no person other than the Agency may, either alone or with another person, be incorporated or registered under another enactment, trade or carry on business, or perform the functions for which it was formed—

    • “(a) under a name that contains the words Land Transport New Zealand or the words Transit New Zealand; or

    • “(b) under a name that so resembles the words Land Transport New Zealand or the words Transit New Zealand as to be likely to mislead.

    “(3) Nothing in subsection (1) or (2) applies to the Agency or to any person who is appropriately authorised by the Agency.

  “100 Statement of intent

  • “(1) The Agency must, if so required by the Minister, include 1 or more of the following matters in its statement of intent under section 139 of the Crown Entities Act 2004:

    • “(a) the basis on which the Agency will prepare the national land transport programme and how that programme will give effect to the GPS:

    • “(b) any requirement to review or revise the national land transport programme and the basis on which that review or revision is to be carried out:

    • “(c) the basis on which the Agency will approve procurement procedures under section 25:

    • “(d) any directions under section 95(1)(j) or under Part 3 of the Crown Entities Act 2004:

    • “(e) a statement as to how the Agency will implement the principles, systems, and procedures in section 96:

    • “(f) any steps that the Agency intends to take, having considered ways in which it might foster the development of Māori capacity to contribute to the Agency’s land transport decision-making processes, over the period covered by the statement of intent:

    • “(g) any other matters that the Agency and the Minister agree or the Minister requires.

    “(2) The Minister may direct the Agency to amend any provision that is included in its statement of intent under this section, and section 147 of the Crown Entities Act 2004 applies accordingly.

  “101 Secretary must monitor and review specified activities and procedures

  • “(1) The Secretary, for the purpose of evaluating the performance of the land transport funding and planning system, must monitor and review—

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

    • “(b) the Agency’s evaluation procedures under sections 18J, 19A, 19B, and 20; and

    • “(c) the Agency’s process for determining and applying design standards to roads; and

    • “(d) the Agency’s application of procurement procedures under sections 25 and 26.

    “(2) The Secretary may, in writing, request the Agency to provide any information that is reasonably required and relevant to enable the Secretary to carry out the monitoring specified in subsection (1).

    “(3) The Agency must provide the Secretary with the information that the Secretary requests under subsection (2).

    “(4) Despite subsection (3), the Agency may refuse a request for information from the Secretary if—

    • “(a) the withholding of the information is not contrary to the Official Information Act 1982; and

    • “(b) the withholding of the information is necessary to protect the privacy of a person (whether or not a natural person or a deceased person).

    “(5) To avoid doubt, this section does not—

    • “(a) limit sections 132 to 134 of the Crown Entities Act 2004; or

    • “(b) affect the responsible Minister's functions, duties, or powers under the Crown Entities Act 2004.

  “102 Monitoring and reporting on delivery of approved police activities or combinations of police activities

  • “(1) The Secretary, or the Agency if designated for the purpose by the Secretary, must monitor the delivery of police activities or combinations of police activities that the responsible Minister has approved under section 18L.

    “(2) With respect to the matters approved under section 18L, the Commissioner must, as agreed in writing by the responsible Minister and the Minister of Police, provide information relevant to those matters to any or all of the following:

    • “(a) the responsible Minister:

    • “(b) the Minister of Police:

    • “(c) the Secretary:

    • “(d) the Agency.

    “(3) The Secretary must provide the Minister and the Agency with a report on the performance of the police in relation to the matters that the responsible Minister has approved under section 18L.

    “(4) If the Agency carries out the monitoring required under subsection (1), the Agency must assist the Secretary with the production of the report required under subsection (3).

    “(5) The Secretary must provide the Agency with a copy of the report referred to in subsection (3) before the Agency prepares its annual report on the national land transport fund under section 11.

    “(6) An agreement entered into by the responsible Minister and the Minister of Police under subsection (2) must be published or made available to the public in the manner that those Ministers jointly consider appropriate.

  “103 Secretary may declare State highways

  • “(1) After considering the recommendations of the Agency, the Secretary—

    • “(a) may, by notice in the Gazette, declare a road to be a State highway; and

    • “(b) must, by the same or a subsequent notice, define the route of the State highway by town, road name, or route position.

    “(2) A road declared to be a State highway may include land that was not previously constituted as part of the road.

    “(3) In determining the route of a State highway, the Secretary—

    • “(a) is not constrained to accept the route of an existing road; and

    • “(b) may, if the Secretary thinks fit, declare, either permanently or temporarily, more than 1 State highway between any 2 places.

    “(4) The Secretary may vary or revoke a declaration made under subsection (1) in the manner that a declaration is made under subsection (1).

    “(5) A revocation of a State highway constitutes the road as a local road for the purposes of this or any other Act.

    “(6) A declaration, variation, or revocation that affects or is likely to affect Māori land, land registered in the name of Pootatau Te Wherowhero under section 19 of the Waikato Raupatu Claims Settlement Act 1995, land subject to any other Māori claims settlement Act, or Māori historical, cultural, or spiritual interests, may not be made or revoked unless the Agency—

    • “(a) has consulted,—

      • “(i) in the case of land registered in the name of Pootatau Te Wherowhero or interests relating to that land, the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995):

      • “(ii) if any other Māori claims settlement Act requires consultation about the declaration, variation, or revocation, in accordance with that Act:

      • “(iii) in any other case, every iwi or hapū that in the opinion of the Agency will or may be affected by the declaration, variation, or revocation; and

    • “(b) is satisfied that the declaration, variation, or revocation should be made.

    “(7) Subsection (6) does not limit the ability of the Agency to take similar action in respect of any other population group.

    “(8) Before making a recommendation under subsection (1), the Agency must consult with any regional council or territorial authority that may be affected by the proposed declaration or revocation.

    “(9) A declaration, variation, or revocation made under this section comes into force on a date to be specified in the relevant Gazette notice.

    “(10) A road declared to be a State highway under section 11 of the National Roads Act 1953 or section 60 of the Government Roading Powers Act 1989 (formerly known as the Transit New Zealand Act 1989), and having that status under either Act immediately before the commencement of this section, is to be treated as having been declared to be a State highway under this section.

  “104 Government Superannuation Fund

  • “(1) Despite anything in this Act, a person who, immediately before becoming an employee of the Agency, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is, for the purposes of that Act, to be treated as if he or she were employed in the government service so long as the person continues to be an employee of the Agency.

    “(2) The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person's service as an employee of the Agency were government service.

    “(3) A person employed by the Agency who ceases to be a contributor to the Government Superannuation Fund is not subsequently entitled to become a contributor.

    “(4) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (2), controlling authority, in relation to that employee, means the Agency.

  “Subpart 2—Regional transport committees

  “105 Regional transport committees

  • “(1) As soon as practicable after each triennial election, every regional council must establish a regional transport committee under this section for its region.

    “(2) Each regional council must appoint to its regional transport committee—

    • “(a) 2 persons to represent the regional council; and

    • “(b) 1 person from each territorial authority in the region to represent that territorial authority; and

    • “(c) 1 person to represent the Agency; and

    • “(d) 1 person to represent the objective of economic development; and

    • “(e) 1 person to represent the objective of safety and personal security; and

    • “(f) 1 person to represent the objective of public health; and

    • “(g) 1 person to represent the objective of access and mobility; and

    • “(h) 1 person to represent the objective of environmental sustainability; and

    • “(i) 1 person to represent cultural interests.

    “(3) Each regional council that is a unitary authority, or a combination of unitary authorities (as the case may be), must appoint to its regional transport committee—

    • “(a) 5 persons to represent the unitary authority; and

    • “(b) 1 person to represent the Agency; and

    • “(c) 1 person to represent the objective of economic development; and

    • “(d) 1 person to represent the objective of safety and personal security; and

    • “(e) 1 person to represent the objective of public health; and

    • “(f) 1 person to represent the objective of access and mobility; and

    • “(g) 1 person to represent the objective of environmental sustainability; and

    • “(h) 1 person to represent cultural interests.

    “(4) A person specified in subsection (2)(a) to (c) and (3)(a) and (b) may only be appointed on the nomination of the relevant entity.

    “(5) A person appointed under subsection (2)(d) to (i) or (3)(c) to (h)—

    • “(a) must be from the wider regional community; and

    • “(b) must not be a member or employee of that regional council, any other territorial authority in that region, or the Agency.

    “(6) Each regional council must appoint from its representatives the chair and deputy chair of the committee.

    “(7) At any meeting of a regional transport committee, the chair, or any other person presiding at the meeting,—

    • “(a) has a deliberative vote; and

    • “(b) in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).

    “(8) The Minister may issue guidelines to regional councils concerning the requisite knowledge and skills of those persons to be appointed under subsections (2)(d) to (i) and (3)(c) to (h).

    “(9) Despite subsection (1), 2 or more adjoining regional councils may establish a single regional transport committee under this section, in which case, subsections (2) to (8) apply with all necessary modifications.

    “(10) If a regional transport committee is established under subsection (9), any reference in Part 2 of this Act to a regional council is to be read as a reference to each of the regional councils that have established the committee.

    “(11) If the area of a territorial authority (other than a territorial authority in the Auckland region) falls into the regions of more than 1 regional council, the territorial authority must decide (after consulting the relevant regional councils) which regional transport committee to join.

    “(12) If subsection (11) applies, and a territorial authority fails to decide to join a regional transport committee, the Minister must direct the territorial authority to be represented by a particular regional transport committee.

    “(13) If subsection (11) applies, the regional land transport programme and regional land transport strategy prepared by the regional transport committee that it joins applies to the entire area of the territorial authority.

    “(14) For the purposes of subsection (11), region—

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

    • “(b) means, in relation to Auckland, the Auckland region as defined in the Local Government (Auckland) Amendment Act 2004.

    “(15) Nothing in this section or in sections 106 and 107 applies to the Auckland Regional Council or to Auckland's regional transport committee.

  “106 Functions of regional transport committee

  • “(1) The functions of each regional transport committee are to prepare for approval by the relevant regional council—

    • “(a) a regional land transport strategy for its region, or any variations to the strategy, or any reports on the strategy prepared under subpart 1 of this Part; and

    • “(b) a regional land transport programme for its region, or any variations to the programme prepared under subpart 1 of Part 2; and

    • “(c) a regional fuel tax scheme for its region if the regional transport committee decides to recommend a scheme; and

    • “(d) to provide the regional council with any advice and assistance the regional council may request in relation to its transport responsibilities.

    “(2) Each regional transport committee and ARTA must adopt a policy that determines significance in respect of variations made to regional land transport programmes and regional land transport strategies under sections 18D and 81 (as the case may require).

  “107 Procedure of committee

  • “(1) The persons appointed under section 105(2)(d) to (i) and (3)(c) to (h) have full speaking rights but are not entitled to vote on matters related to regional land transport programmes.

    “(2) The provisions of the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987 concerning the meetings of committees of regional councils, so far as they are applicable and with the necessary modifications, apply in respect of meetings of the regional transport committees.

    “(3) The Agency is not, as a result of being represented on a regional transport committee, bound to—

    • “(a) include any matter in a national land transport programme under section 19C; or

    • “(b) approve an activity or a combination of activities under section 20.

  “Subpart 3—Miscellaneous

  “108 Public availability of documents

  • “(1) Subsection (2) applies if the Minister or the Agency is required under this Act to make a document publicly available.

    “(2) If this subsection applies, the Minister or the Agency must give notice in—

    • “(a) the Gazette; and

    • “(b) 1 or more daily newspapers published in Whangarei, Auckland, Hamilton, Rotorua, Tauranga, Hawke's Bay, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, and Invercargill.

    “(3) Subsection (4) applies if a regional council, ARTA, or the Auckland regional transport committee is required under this Act to make a document publicly available.

    “(4) If this subsection applies, the relevant regional council, ARTA, or the Auckland regional transport committee (as the case may be) must give notice in the relevant local and regional newspapers.

    “(5) A notice given under subsection (2) or (4) must state—

    • “(a) where the document may be inspected; and

    • “(b) where the document may be purchased.

    “(6) A person who gives notice of a document under subsection (2) or (4) must make the document available—

    • “(a) for inspection, free of charge; and

    • “(b) for purchase at a reasonable price; and

    • “(c) on the relevant person's Internet site in a format that is—

      • “(i) readily accessible; and

      • “(ii) if practicable, capable of being utilised by the visually impaired.

    “Compare: 1989 No 75 s 105

  “109 Regulations

  • The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—

    • “(a) requiring the Agency to—

      • “(i) disclose specified information to the Minister or the public:

      • “(ii) report in specified ways:

    • “(b) specifying—

      • “(i) how funding under section 9(1) is to be apportioned; and

      • “(ii) the process by which that funding can be allocated.”