New Zealand Legislation: Bills

18A Provision of information

• (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 13.

  (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 Regional Council may require ARTA to provide it with any information (including information provided to ARTA under section 13) related to the preparation of ARTA's regional public transport plan that is necessary to enable the Auckland Regional Council to perform its functions of—

  • (a) approving its regional land transport strategy; and

  • (b) providing funds to ARTA for land transport purposes in the Auckland region under the Local Government (Auckland) Amendment Act 2004.

  (4) If the Auckland Regional Council requires ARTA to provide any information under subsection (3), ARTA 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 13 or 17 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 services (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 Regional Council receives under subsection (3) information from ARTA that was provided by an operator of a commercial public transport service under section 13 or 17 and the information may, in the Auckland 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 by the operator as commercially sensitive, the Auckland Regional Council must not disclose the information without the operator's consent except—

  • (a) to the Auckland Regional 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 ARTA was provided to ARTA 5 years or more before the date of the Auckland Regional 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 Regional 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 Regional Council must make all reasonable efforts to notify immediately the person who provided the information to ARTA 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 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 Auckland 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 Council cannot identify any reason that would permit it to refuse the request under that Act.