New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Agency may require a regional council to provide it with information related to the preparation of a regional public transport plan that is necessary to enable the Agency to perform its functions under the Land Transport Management Act 2003, including information provided to the regional council under section 14.
(2) If the Agency requires the regional council to provide information under subsection (1), the regional council must provide the information as soon as is reasonably practicable.
(3) The Auckland Council may require Auckland Transport to provide it with any information (including information provided to Auckland Transport under section 14) related to the preparation of Auckland Transport's regional public transport plan that is necessary to enable the Auckland Council to perform its functions of—
(a) approving its regional land transport strategy; and
(b) providing funds to Auckland Transport for land transport purposes in the Auckland region under the Local Government (Auckland Council) Act 2009.
(4) If the Auckland Council requires Auckland Transport to provide any information under subsection (3), Auckland Transport must provide the information as soon as is reasonably practicable.
(5) If the Agency receives under subsection (1) information from a regional council that was provided by an operator of a commercial public transport service under section 14 or 20 and the information may, in the Agency's opinion, be withheld under section 9(2)(b) of the Official Information Act 1982 or has been described by the operator as commercially sensitive, the Agency must not disclose that information without the operator's consent except—
(a) to the Agency's professional advisers; or
(b) subject to subsection (6), in response to a request made under the Official Information Act 1982; or
(c) where the information received from the regional council was provided to the regional council 5 years or more before the date of the Agency's disclosure; or
(d) where—
(i) the operator of the commercial public transport service (the former operator) no longer exists; and
(ii) the former operator's public transport business has not been disposed of as a going concern to any other person.
(6) If the Agency receives a request under the Official Information Act 1982 to release any information described in subsection (5),—
(a) the Agency must make all reasonable efforts to notify immediately the person who provided the information to the regional council that a request to release the information has been received by the Agency; and
(b) the person must, within 10 working days after receiving the notice, advise the Agency whether that person believes that the information should be withheld under section 9(2)(b) of that Act and give reasons for that belief; and
(c) the Agency may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person's response (if any), the Agency cannot identify any reason that would permit it to refuse the request under that Act.
(7) If the Auckland Council receives under subsection (3) information from Auckland Transport that was provided by an operator of a commercial public transport service under section 14 or 20 and the information may, in the Auckland Council's opinion, be withheld under section 7(2)(b) of the Local Government Official Information and Meetings Act 1987 or has been described by the operator as commercially sensitive, the Auckland Council must not disclose the information without the operator's consent except—
(a) to the Auckland Council's professional advisers; or
(b) subject to subsection (8), in response to a request made under the Local Government Official Information and Meetings Act 1987; or
(c) where the information received from Auckland Transport was provided to Auckland Transport 5 years or more before the date of the Auckland Council's disclosure; or
(d) where—
(i) the operator of the commercial public transport service (the former operator) no longer exists; and
(ii) the former operator's public transport business has not been disposed of as a going concern to any other person.
(8) If the Auckland Council receives a request under the Local Government Official Information and Meetings Act 1987 to release any information described in subsection (7),—
(a) the Auckland Council must make all reasonable efforts to notify immediately the person who provided the information to Auckland Transport that a request to release the information has been received by the Council; and
(b) the person must, within 10 working days after receiving the notice, advise the Auckland Council whether that person believes that the information should be withheld under section 7(2)(b) of that Act and give reasons for that belief; and
(c) the Auckland Council may release the information after the expiry of the period specified in paragraph (b) if, having complied with its obligations under this subsection and having regard to the person's response (if any), the Council cannot identify any reason that would permit it to refuse the request under that Act.
Section 22(3): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(3)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(4): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(7): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(7)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(7)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(8): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(8)(a): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(8)(b): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
Section 22(8)(c): amended, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
