This order is the Land Transport Management (Road Tolling Scheme for Tauranga Eastern Link) Order 2015.

This order comes into force on 9 April 2015.

(1) In this order, unless the context otherwise requires,—

(2) Unless the context otherwise requires, a term or expression that is defined in the Act and used, but not defined, in this order has the same meaning as in the Act.

(1) This order establishes the road tolling scheme for the TEL.

(2) The Agency is the public road controlling authority, the toll operator, and the enforcement authority for the road tolling scheme.

(3) The TEL is the road that may be tolled.

(4) The toll revenue inflow may be applied only for the purposes of—

• (a) the planning, design, supervision, construction, maintenance, and operation of the TEL, including reimbursement of the costs related to those activities; and

• (b) meeting any conditions or requirements set out in this order.

(5) In this clause, toll revenue inflow means toll revenue—

• (a) that is collected in respect of the road tolling scheme; and

• (b) that the Minister approves under section 10(2)(ba)(i) of the Act as an inflow of the national land transport fund.

The Agency may toll the TEL during the period—

• (a) beginning, in accordance with section 47 of the Act,—

  • (i) from the time, or on and from the date, specified for the purpose in the notice referred to in clause 7(1)(b); or

  • (ii) if the notice does not specify a time, from the time the notice is published; and

• (b) ending on the earlier of—

  • (i) the date on which the Agency has repaid the amount (including principal and interest) borrowed by the Agency from the Crown for the purposes specified in clause 4(4)(a); and

  • (ii) 30 June 2050.

(1) Tolling must not start until the Minister is satisfied with the details of the road tolling scheme.

(2) The Agency must report to the Minister on the details of the road tolling scheme at least 10 weeks before tolling of the TEL is anticipated to start.

(3) The report must include the following details:

• (a) the service standard obligation to users of the TEL:

• (b) the method of publicising the toll in advance of the opening of the TEL:

• (c) the signage and any other methods that will be used to inform drivers approaching the TEL of the toll:

• (d) the methods of informing drivers approaching or using the TEL of the options for paying a toll:

• (e) a technical description of the proposed components of the toll collection system and key performance indicators, including (but not limited to) error rates, revenue levels, and health and safety issues of the toll collection system:

• (f) the structure of the administration fees for all payment methods, including any administrative fees for the recovery of unpaid tolls:

• (g) the feasible, untolled, alternative route that will be available to road users.

(1) If the Minister is satisfied with the details of the road tolling scheme, as reported by the Agency under clause 6, the Minister must—

• (a) notify the Agency that the Minister is satisfied with the details of the road tolling scheme; and

• (b) publish a notice under section 47 of the Act stating that the Minister is satisfied that the Agency has met the conditions that must be met before the Agency may begin tolling.

(2) If the Minister is not satisfied with the details of the road tolling scheme, the Minister must—

• (a) notify the Agency of the reasons the Minister is not satisfied; and

• (b) give the Agency a reasonable opportunity to submit an amended report under clause 6.

(1) The following tolls apply on the first day of the road tolling scheme and until the Agency sets a different toll under subclause (2):

• (a) for a motor vehicle with a gross vehicle mass of more than 3 500 kilograms, $5.00 including goods and services tax; and

• (b) for any other motor vehicle, $2.00 including goods and services tax.

(2) The Agency—

• (a) may set a toll that applies each time a vehicle uses the TEL; and

• (b) may set different levels of tolls for different classes of persons or motor vehicles, different times or days, different directions of travel, different methods of payment, or any combination of those factors; but

• (c) must not set a toll that exceeds an amount set by subclause (1)—

  • (i) as adjusted to increase it by the same percentage as the total percentage increase in the CPI (if any); and

  • (ii) as rounded to the nearest 10 cents.

(3) Within the constraint imposed by subclause (2)(c), the Agency must not set a toll that would increase an existing toll by a greater percentage than the relative percentage increase in the CPI (if any), unless the Minister has approved the increase in writing.

(4) At least 28 days before a toll takes effect, the Agency must publish the details of the toll on an Internet site maintained by or on behalf of the Agency.

(5) In this clause,—

(1) The Agency may, for emergency, traffic management, or promotional purposes, grant exemptions from the obligation to pay tolls for the use of the TEL.

(2) An exemption must specify—

• (a) whether it applies to motor vehicles generally or to 1 or more classes of motor vehicles; and

• (b) whether it applies to the use of the TEL—

  • (i) at a specified time; or

  • (ii) on a specified day or days; or

  • (iii) in a specified direction; or

  • (iv) in any combination of the circumstances referred to in subparagraphs (i) to (iii).

(3) The Agency must publish the details of the exemption, and its purpose, on an Internet site maintained by or on behalf of the Agency—

• (a) at least 28 days before an exemption takes effect; or

• (b) if it is impracticable for the Agency to comply with paragraph (a), as soon as practicable after granting the exemption.

(1) The Agency must establish an electronic system for collecting tolls that—

• (a) does not hinder the free flow of traffic; and

• (b) enables a regular user of the TEL to pay a toll automatically (for example, by automatic deduction from a toll account held by the Agency); and

• (c) enables a user of the TEL to pay a toll in advance of, or within 5 working days after, using the TEL.

(2) The Agency must ensure that the details of the tolls that are payable, and the payment methods offered by the Agency, are published on an Internet site maintained by or on behalf of the Agency for the duration of the road tolling scheme.

The Agency must, for the duration of the road tolling scheme,—

• (a) ensure that a feasible, untolled, alternative route is available to road users; and

• (b) erect and maintain the signage and any other information required to—

  • (i) inform drivers approaching the TEL of the standard tolls that apply; and

  • (ii) inform drivers approaching or using the TEL of the options for paying a toll; and

  • (iii) enable drivers approaching the TEL to choose to use the untolled alternative route.

(1) As soon as practicable after the end of every financial year, the Agency must provide to the Minister—

• (a) details of the operation of the road tolling scheme, including—

  • (i) actual traffic volumes for the year, for each class of motor vehicle that uses the TEL, compared with forecast traffic volumes; and

  • (ii) actual toll revenue from the TEL for the year, compared with forecast toll revenue; and

  • (iii) forecast traffic volumes and toll revenues for the forthcoming financial year; and

• (b) details of financial matters, including—

  • (i) details of the Agency’s debt and other financial obligations relating to the TEL; and

  • (ii) financial statements for the Agency’s road tolling operations as a whole; and

• (c) confirmation that a feasible, untolled, alternative route remains available to road users; and

• (d) any other details that are material to the Agency’s operation of the road tolling scheme.

(2) The Agency may provide the information to the Minister in its annual report or in any other form.

As soon as practicable after providing information to the Minister under clause 12, the Agency must publish a summary of the information on an Internet site maintained by or on behalf of the Agency.