Land Transport Management Amendment Act 2013

Reprint as at 1 August 2015

Coat of Arms of New Zealand

Land Transport Management Amendment Act 2013

Public Act
 
2013 No 35
Date of assent
 
12 June 2013
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

Contents

1Title
2Commencement
3Principal Act
4Section 3 replaced (Purpose)
3Purpose
5Section 4 amended (Treaty of Waitangi)
6Section 5 amended (Interpretation)
7Section 7A amended (Application of Act to Chatham Islands)
8Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
9Section 10 amended (National land transport fund)
10Section 11 amended (Annual report on national land transport fund)
11Cross-heading above section 12 amended
12Section 12 repealed (Overview of regional land transport programmes)
13Section 13 amended (Responsibility for preparing and approving regional land transport programmes)
14Section 14 replaced (Core requirements of regional land transport programmes prepared by regional transport committees)
14Core requirements of regional land transport plans
15Section 15 repealed (Core requirements of regional land transport programmes prepared by Auckland Transport)
16Section 16 replaced (Form and content of regional land transport programmes (for regions other than Auckland))
16Form and content of regional land transport plans
17Section 17 repealed (Form and content of Auckland Transport’s regional land transport programmes)
18Section 18 amended (Consultation requirements)
19Section 18A amended (Consultation principles)
20Section 18B amended (Process for approving regional land transport programmes prepared by regional transport committees)
21Section 18C replaced (Auckland Transport must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency)
18CReasons for not including activities in Auckland’s regional land transport plan
18CAReview of regional land transport plans
22Section 18D amended (Variation of regional land transport programmes)
23Section 18E amended (Changes to certain activities or combinations of activities)
24Section 18F amended (Availability of regional land transport programmes)
25Section 18G amended (Separate consultation with Māori on particular activities)
26Section 18J amended (Requirements before recommending Police activities or combinations of Police activities)
27Section 19 repealed (Overview of national land transport programme)
28Section 19A amended (Responsibility for preparing and adopting national land transport programme)
29Section 19B amended (Core requirements for national land transport programme)
30Section 19C amended (Content of national land transport programme)
31Section 19D amended (Notification about decision not to include activities in national land transport programme)
32Section 19E amended (Variation of national land transport programme)
33Section 20 amended (Approval of activities and combinations of activities)
34Section 22 amended (Funding for Māori roadways)
35Section 26 amended (Payments exempt from procurement procedure)
36Section 35 amended (Needs of transport disadvantaged must be considered)
37Section 38A repealed (Good reasons for refusing to supply requested information)
38Section 40 repealed (Apportionment of excise duty and excise-equivalent duty)
39Subpart 2 heading in Part 2 amended
40Section 46 amended (Authority to establish road tolling scheme)
41Section 48 amended (Procedure for recommending making of order under section 46)
42New sections 48A and 48B inserted
48AAuthority to establish road tolling scheme for Route K
48BWhen tolling power is exercisable for Route K
43Section 49 repealed (Consultation requirements)
44Section 50 amended (Privacy)
45Section 51 amended (Payment of tolls)
46Section 52 amended (Who is liable to pay toll)
47Section 54 amended (Offences and penalties)
48Cross-heading above section 56 replaced
49Sections 56 to 60 repealed
50Section 61 amended (Delegation of roading functions and powers to concessionaires)
51Section 62 amended (Effect of delegation under section 61)
52Section 63 amended (Leasing)
53Section 65 amended (This Part and other land transport legislation enforceable in relation to concession roads and toll roads)
54Subpart 3 of Part 2 repealed
55Sections 66 to 71 and cross-heading above section 66 replaced
66Minister must issue GPS on land transport
67Preparation or review of GPS on land transport
68Content of GPS on land transport
69Status of GPS on land transport
70Agency to give effect to GPS on land transport in respect of funding of land transport system
71Availability of GPS on land transport
56Sections 72 to 89 and related cross-headings repealed
57Section 90 replaced (Amending current GPS)
90Amending GPS on land transport
58Section 91 amended (Availability of GPS)
59Section 92 amended (Overview)
60Section 94 amended (Objective of Agency)
61Section 95 amended (Functions of Agency)
62Section 96 amended (Operating principles)
63Section 100 amended (Statement of intent)
64Section 101 amended (Secretary must monitor and review specified activities and procedures)
65Section 102 amended (Monitoring and reporting on delivery of approved Police activities or combinations of Police activities)
66Section 103 amended (Secretary may declare State highways)
67Section 105 amended (Regional transport committees)
68Section 106 replaced (Functions of regional transport committee)
106Functions of regional transport committees
69Section 107 amended (Procedure of committee)
70New Parts 5 and 6 inserted
114Application of certain provisions of Local Government Act 2002 to Auckland Transport
115Principles
116Public transport services must be provided under contract
117Purpose of regional public transport plans
118Validity of regional public transport plans not affected by certain events
119Adoption of regional public transport plans
120Contents of regional public transport plans
121Notification and provision of copies of plans
122When regional public transport plans take effect
123Good-faith exclusion of regional councils from liability to pay compensation
124Matters to take into account when adopting regional public transport plans
125Consultation requirements for regional public transport plans
126Currency and variation of regional public transport plans
127Power to require information from operators of public transport services
128Power to require information from regional councils and Auckland Transport
129Disclosure of information received under sections 127 and 128
130All exempt services to be registered
131Register of exempt services
132Contents of register to be made available to public
133Notification of proposal to operate or vary exempt services
134Grounds for declining registration or variation of exempt services
135Process for declining registrations or variations of exempt services
136Registration of and variation to exempt services
137Deregistration of exempt services and removing details of variations
138Process for deregistering exempt services or removing details of variations
139Withdrawal of exempt services
140Right to appeal to Environment Court
141Appeals to District Court
142Procedure for appeals to District Court
143Decisions of regional councils to continue in force pending appeals, etc
144Appeals to High Court on questions of law
145Further appeals to Court of Appeal
146Operating unregistered exempt services
147Operating public transport services that are not exempt or contracted
148Varying registered exempt services without giving notice required by section 133
149Power to inspect records
150Regulations
151Interpretation
152Transitional provisions for certain existing operators
153Transitional provisions for existing registered public transport services that will become exempt services
154Transitional provisions for other existing public transport services that will stop operating
155Transitional provisions for certain notifications
156Transitional provisions for certain existing documents or activities
157Transitional provision for existing contracted public transport services
158Savings provisions
159Transitional regulations
71Repeals
72Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: