This note is not part of the order, but is intended to indicate its general effect.
This order establishes a road tolling scheme to replace the road tolling scheme for Route K established by the Tauranga District Council (Route K Toll) Empowering Act 2000 (the local Act). Route K is the section of Takitimu Drive that runs between the junction of State Highway 29 and State Highway 36 and the junction of State Highway 2 and State Highway 2A. It is referred to in this order as the Takitumu Drive toll road.
The local Act will be repealed on 1 August 2015 when section 71(2) of the Land Transport Management Amendment Act 2013 (the 2013 amendment Act) is brought into force by the Land Transport Management Amendment Act 2013 Commencement Order 2015. That order will also bring section 42 of the 2013 amendment Act into force on 1 August 2015. Section 42 inserts new sections 48A and 48B into the Land Transport Management Act 2003 (the principal Act). The new sections authorise the establishment of a replacement road tolling scheme for Route K.
New section 48B provides that the power to begin collecting tolls under an order made under new section 48A is exercisable from the date on which the order commences. In practice, this means tolls may be collected on and from the day after the date on which the order commences (see section 35(2) of the Interpretation Act 1999). In order to provide for a seamless transition between the old tolling regime for Route K and the replacement tolling regime for Takitimu Drive, this order comes into force on 31 July 2015, which is 1 day earlier than the empowering provision under which it is made. Commencing the order before its empowering provision is done in reliance on section 11 of the Interpretation Act 1999. The tolling scheme established by this order does not have effect until 1 August 2015 (see clause 5).
Regulatory impact statement
The Ministry of Transport produced a regulatory impact statement on 17 June 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 2 July 2015.
This order is administered by the Ministry of Transport.