New Zealand Legislation: Bills
Bills are proposed Acts
(1) Except as provided in subsection (8), a regional council may, by resolution, adopt 1 or more controls, if—
(a) the regional council—
(i) has considered the impact of the control or controls on the financial viability of commercial public transport services in the region; and
(ii) is satisfied that the control or controls contribute to the purpose of the regional public transport plan; and
(b) the control complies with any regulations made under section 52(b)(ii).
(2) A regional council may adopt a control that—
(a) sets a minimum period of notice (which may not exceed 90 days) for—
(i) commencing a commercial public transport service:
(ii) varying a commercial public transport service:
(iii) withdrawing a commercial public transport service:
(b) sets a minimum period for the operation of a commercial public transport service (which must include any period of notice required for varying or withdrawing the service) immediately following the commencement of—
(i) the registered commercial public transport service:
(ii) a variation to the registered commercial public transport service:
(c) sets a maximum period between the registration of a—
(i) commercial public transport service and the date on which it starts:
(ii) variation to a registered commercial public transport service and the date on which it starts:
(d) requires a commercial public transport service on a specified route to operate according to the frequency, capacity, and times specified in the regional public transport plan for the operation of a public transport service on that route:
(e) subject to subsections (3), (4), and (5), is intended to implement in respect of commercial public transport services any policy specified in the regional public transport plan other than the implementation of policy under section10(2)(a)(v), (vi), (vii), and (2)(c), except where this is permitted by regulations made under this Act:
(f) is permitted by regulations made under this Act.
(3) A regional council may adopt a control that—
(a) requires any commercial public transport service to be an integrated service:
(b) requires the application of common colour schemes, emblems, signs, or designs to the vehicles, boats, craft, or other modes of transport used in integrated public transport services in the region:
(c) requires the operator of any commercial public transport service to use integrated technology specified in the regional public transport plan:
(d) requires the operator of any commercial public transport service to issue, use, and accept an integrated ticket specified in the regional public transport plan:
(e) sets and apportions integrated fares, in accordance with 1 or more of the following factors:
(i) time:
(ii) zone:
(iii) mode of travel:
(iv) any concessionary fares policy:
(v) the number of journeys to be travelled:
(f) requires the operator of any commercial public transport service to collect an integrated fare that is set in accordance with a control made under paragraph (e):
(g) requires the operator of any commercial public transport service to accept a portion of an integrated fare that is set in accordance with a control made under paragraph (e), as payment for travel on the service.
(4) A control may require the operator of any commercial public transport service to provide detailed patronage, financial, and operational information about the service—
(a) to the regional council, its professional advisers, and those persons or organisations that the regional council has engaged to carry out public transport planning and monitoring; and
(b) for the purpose of assisting the regional council with public transport planning and monitoring and, in the case of patronage data and fare-box revenue, only for that purpose.
(5) A control that is adopted under subsections (2)(d), (e), (2)(f), (3), or (4) may impose lesser, but not greater, requirements than a condition in a contract intended to implement the same policy in respect of a contracted public transport service.
(6) If withholding any information provided in accordance with a control made under subsection (4) is necessary under section 7 of the Local Government Official Information and Meetings Act 1987 because of its commercial sensitivity, the regional council must not, without the consent of the person who provided the information, make the information available to any person other than—
(a) a person specified in subsection (4); or
(b) the Authority, in accordance with section 18.
(7) Different types of controls in a regional public transport plan may be applied to different classes or descriptions of public transport services.
(8) A regional council may not adopt a control that applies to a commercial public transport service that—
(a) operates outside the region to which the regional public transport plan applies; or
(b) is specified by the Governor-General by Order in Council as an exempt commercial public transport service for the purposes of this section.
(9) A control that is adopted by a regional council—
(a) may, subject to subsection (8), apply to any commercial public transport service serving its region, whether or not the service is stated or described in the regional public transport plan as a public transport service that the council proposes to be provided in its region; and
(b) to the extent that the control is inconsistent with any regulations made under section 52(b)(ii), is subject to the regulation.
(10) A control is not a regulation for the purposes of the Regulations (Disallowance) Act 1989.
(11) For the purposes of this section,—
financial and operational information includes (but is not limited to) information about fare-box revenue, kilometres travelled, service quality, vehicles used, and service performance, including reports on individual trips that did not operate or that departed from their starting points early or late, together with reasons for such irregularities
times means any time of the week, day or night, including weekends.