New Zealand Legislation: Bills

13 Implementation of controls on commercial public transport services

• (1) If a regional council adopts a control under section 12, the control—

  • (a) takes effect on the date specified in the regional public transport plan for that control to take effect; and

  • (b) subject to subsection (2), applies to every commercial public transport service that is subject to the control from the date the control takes effect or the date the service is registered, whichever is the later.

  (2) A control adopted under section 12(2)(d) to (f) or (3) applies to a registered commercial public transport service from the date that the control takes effect or 18 months after the date that the control is adopted, whichever is the later, if—

  • (a) the service is operating on or before the date that a control to which the service is subject takes effect; and

  • (b) the control has been identified under section 10(1)(e) as likely to have a material adverse effect on the financial viability of any registered commercial public transport service.

  (3) Despite section 12(2)(a)(ii) or 12(2)(c)(ii), the relevant regional council may require or allow a variation to commence on the date that a control applies to a registered commercial public transport service under subsection (2) if the variation is registered to enable the service to meet the control.

  (4) An operator of a registered commercial public transport service must, within 6 months after the date on which a regional council adopts a control referred to in subsection (2)(b),—

  • (a) notify the regional council about whether the operator intends to continue the service once the control applies to the service; and

  • (b) if complying with the control requires a variation to the service, advise the regional council on whether the operator intends to notify a variation under section 32.

  (5) A regional council is not liable to pay compensation to any person in respect of any costs incurred or losses suffered by an operator of a registered commercial public transport service, or any other public transport service, that arise from the adoption of a control by the council.

  (6) An operator of a public transport service must ensure that its commercial public transport service is operated in accordance with every applicable control.