New Zealand Legislation: Bills

17 Consultation requirements for regional public transport plans

• (1) When preparing a statement of proposal under section 83 of the Local Government Act 2002 to adopt a regional public transport plan, a regional council must consult—

  • (a) the relevant regional transport committee (or, in the case of ARTA, the Auckland Regional Council); and

  • (b) the Agency; and

  • (c) every operator of a public transport service in the region; and

  • (d) every person who has notified the regional council of a proposal to operate a commercial public transport service in the region; and

  • (e) the Minister of Education; and

  • (f) the territorial authorities in the region; and

  • (g) the New Zealand Railways Corporation.

  (2) Before adopting a regional public transport plan, a regional council must carry out consultation using the special consultative procedure specified in sections 83, 87, and 89 of the Local Government Act 2002, which applies for the purposes of this section with the necessary modifications, and forward a copy of the statement of proposal to adopt the plan to, and invite submissions from,—

  • (a) the Agency; and

  • (b) the Commissioner; and

  • (c) the Minister of Education; and

  • (d) the territorial authorities in the region; and

  • (e) the adjoining regional councils and territorial authorities; and

  • (f) every operator of a public transport service in the region; and

  • (g) every person who has notified the regional council of a proposal to operate a commercial public transport service in the region; and

  • (h) the district health boards in the region; and

  • (i) every affected approved public organisation in the region; and

  • (j) the Accident Compensation Corporation; and

  • (k) groups that the regional council has reasonable grounds to believe represent the transport disadvantaged; and

  • (l) the New Zealand Railways Corporation.

  (3) If a regional council receives from the operator of a commercial public transport service a written submission on a draft plan, or a draft variation to a plan, that contains information that may, in the regional council's opinion, be withheld under section 7(2)(b) of the Local Government Official Information and Meetings Act 1987 or has been described as commercially sensitive by the operator, the regional council must not disclose information without the operator's consent except—

  • (a) to the regional council's professional advisers; or

  • (b) to those persons and organisations engaged by the regional council to carry out public transport planning, contracting, or monitoring; or

  • (c) to the Agency, in accordance with section 18A; or

  • (d) in the case of the Auckland region, to the Auckland Regional Council, in accordance with section 18A; or

  • (e) subject to subsection (4), in response to a request made under the Local Government Official Information and Meetings Act 1987; or

  • (f) where the submission was provided to the regional council 5 years or more before the date of the disclosure; or

  • (g) 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 persons.

  (4) If a regional council receives a request under the Local Government Official Information and Meetings Act 1987 to release any information described in subsection (3),—

  • (a) the regional council 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; and

  • (b) the person must, within 10 working days after receiving the notice, advise the regional 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 regional 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 regional council cannot identify any reason that would permit it to refuse the request under that Act.

  (5) A regional council that is preparing a regional public transport plan may request any information from any territorial authority within its region that the regional council considers necessary to perform its functions under this Act in relation to that plan, and the territorial authority must promptly comply with that request.

  (6) For the purposes of this section, Part 7 of the Local Government Official Information and Meetings Act 1987 applies to ARTA as if it were a local authority.

  (7) Except in the Auckland region, a regional council may carry out consultation on a proposal to adopt a regional public transport plan for the first time under this Act in conjunction with the relevant regional transport committee’s consultation on its regional land transport programme or regional land transport strategy under the Land Transport Management Act 2003.

  (8) In the Auckland region, ARTA may carry out consultation on a proposal to adopt a regional public transport plan for the first time under this Act in conjunction with—

  • (a) ARTA’s consultation on its regional land transport programme under the Land Transport Management Act 2003:

  • (b) the Auckland Regional Council’s consultation on its long-term council community plan or its annual plan under the Local Government Act 2002.