Supplementary Order Paper No 209

No 209

House of Representatives

Supplementary Order Paper

Tuesday, 1 July 2008

Land Transport Management Amendment Bill


Proposed amendments

Hon Annette King, in Committee, to move the following amendments:

Clause 2

To omit this clause (lines 5 to 9 on page 8) and substitute the following clause:

2 Commencement
  • This Act comes into force on 1 August 2008.

Clause 5: new section 4

To omit 99(1)(f) (line 7 on page 9) and substitute 99(1)(g).

Clause 6

Subsection (3): new definition of regional land transport strategy: to omit section 74 (line 8 on page 10) and substitute Part 3.

Clause 11: new section 10(2)

Paragraph (d): to omit (c). (line 37 on page 18) and substitute (c):.

To insert the following paragraph after paragraph (d) (after line 37 on page 18) :

  • (e) any other public money provided to meet expenses or capital expenditure, incurred or to be incurred in accordance with an appropriation or other authority by or under an Act in respect of approved activities or combinations of activities of a type described in subsection (3).

Clause 13: new section 16

Subsection (1)(d) and (e): to omit these paragraphs (lines 33 to 38 on page 27 and lines 1 to 8 on page 28) and substitute the following paragraph:

  • (d) an assessment of each activity or combination of activities, prepared in accordance with subsection (4A) by the organisation that identified or proposed the activity or combination of activities under paragraph (a) or (b), to include—

    • (i) the objective or objectives to be achieved; and

    • (ii) an estimate of the total cost and the cost for each year; and

    • (iii) the expected duration; and

    • (iv) any proposed sources of funding other than the national land transport fund (including, but not limited to, tolls, regional fuel taxes, funding from approved organisations, and contributions from other parties); and

    • (v) any other relevant information.

To insert the following subsection after subsection (4) (after line 14 on page 29):

  • (4A) The assessment under subsection (1)(d) must be in a form and contain the detail required by the regional transport committee, taking account of any prescription made by the Agency under subsection (4).

Clause 13: new section 16A

Subsection (1)(a)(iii): to omit include (line 37 on page 29) and substitute see included.

Subsection (1)(c) to (e): to omit these paragraphs (lines 5 to 19 on page 30) and substitute the following paragraph:

  • (c) an assessment of each activity or combination of activities, prepared in accordance with subsection (4A) by the organisation that proposed the activity or combination of activities under paragraph (a), to include—

    • (i) the objective or objectives to be achieved; and

    • (ii) an estimate of the total cost and the cost for each year; and

    • (iii) the expected duration; and

    • (iv) any proposed sources of funding other than the national land transport fund (including, but not limited to, tolls, regional fuel taxes, funding from approved organisations, and contributions from other parties); and

    • (v) any other relevant information.

To insert the following paragraph after subsection (3)(b) (after line 34 on page 30):

  • (ba) a list of each activity or combination of activities that have been approved under section 20 but are not yet completed; and

Subsection (3)(i): to omit this paragraph (lines 18 to 20 on page 31) and substitute the following paragraph:

  • (i) a summary of the policy relating to significance adopted by ARTA under section 103; and

To insert the following subsection after subsection (4) (after line 26 on page 31):

  • (4A) The assessment under subsection (1)(c) must be in a form and contain the detail required by ARTA, taking account of any prescription made by the Agency under subsection (4).

Clause 13: new section 18

Subsection (3): to omit this subsection (lines 7 to 15 on page 33) and substitute the following subsection:

  • (3) When consulting under section 17 and this section with respect to its regional land transport programme, ARTA need not consult any organisation or person referred to in section 17 about any activity or combination of activities in its regional land transport programme if an Auckland local authority has already consulted that organisation or person about the activity or combination of activities in the course of preparing that local authority’s current long-term council community plan or annual plan in accordance with the Local Government Act 2002.

Clause 13: new section 18A

Heading to new section 18A: to insert after programmes (line 17 on page 33) prepared by regional transport committees.

Subsection (1A): to omit this subsection (lines 23 to 29 on page 33) and substitute the following subsection:

  • (1A) If a regional transport committee decides not to include in its regional land transport programme an activity or combination of activities proposed by an approved organisation or the Agency, the regional transport committee must, at the same time as it lodges the programme with the regional council under subsection (1), give the approved organisation or the Agency (as the case may require) written advice of the decision and the reasons for the decision.

Subsection (4A)(a): to insert after programme in the second place where it appears (line 25 on page 34) and forward it to the Agency.

To insert the following subsection after subsection (4B) (after line 36 on page 34):

  • (4C) Section 18C applies, with the necessary modifications, to any programme or amended programme and statement of reasons forwarded under subsection (4A).

Subsection (5): to omit this subsection (lines 5 to 7 on page 35).

Clause 13: new section 18AA

To insert the following section after new section 18A (after line 7 on page 35):

18AA ARTA must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency
  • When forwarding its regional land transport programme to the Agency, ARTA must give the Agency written reasons for any decision not to include in its regional land transport programme an activity or combination of activities proposed by the Agency for inclusion in the programme.

Clause 13: new section 18B

Subsections (2) and (3): to omit these subsections (lines 28 to 33 on page 35) and substitute the following subsections:

  • (2) A variation may be prepared by a regional transport committee—

    • (a) at the request of an approved organisation or the Agency; or

    • (b) on the regional transport committee’s own motion.

  • (3) A variation may be prepared by ARTA—

    • (a) at the request of the Agency; or

    • (b) on ARTA’s own motion.

  • (3A) The regional transport committee or ARTA must consider any variation request promptly.

Clause 13: new section 18BA(2)

To omit wishes (line 24 on page 36) and substitute has good reason.

Clause 14: new section 19(1)

To omit other activities to be delivered by the Agency, and research, education, and training activities, (lines 29 to 31 on page 41) and substitute and research, education, training, and other activities that the Agency is responsible for delivering,.

Clause 14: new section 19C(h)

To insert after 2004 (line 29 on page 44) or any other Act.

Clause 14: new section 19E(2)

To omit this subsection (lines 22 to 25 on page 45).

Clause 15: new section 20

Subsection (2)(a): to omit subsection (3) (line 5 on page 48) and substitute subsection (3A).

To insert the following subsection after subsection (3) (after line 33 on page 48):

  • (3A) Despite subsections (2) and (3), the Agency may approve for payment under subsection (1) any activity or combination of activities that, in the opinion of the Agency,—

    • (a) are in the urgent interests of public safety; or

    • (b) are necessary to effect immediate or temporary repair of damage caused by a sudden and unexpected event.

Clause 15: new section 20E

Subsection (5): to omit is subject to (line 29 on page 51) and substitute may be requested under.

New clause 15A

To insert the following clause after clause 15 (after line 32 on page 52):

15A Section 21 repealed
  • Section 21 is repealed.

New clause 17A

To insert the following clause after clause 17 (after line 13 on page 53):

17A Approval of public organisations
  • Section 23(1)(a) is amended by omitting section 10(2)(e) and substituting section 10(3)(f).

Clause 19

Subclause (2): to omit this subclause (lines 12 to 15 on page 55) and substitute the following subclause:

  • (2) Section 25 is amended by repealing subsection (4) and substituting the following subsection:

    • (4) It is a condition of every procurement procedure that the Agency or an approved organisation must procure outputs from a provider other than the Agency or that organisation (as the case may require), or its employees.

Clause 20

To insert the following subclause after subclause (1AA) (after line 20 on page 55):

  • (1AAA) Section 26(a) is amended by omitting activity class and substituting combination of activities.

Clause 21: heading to new section 26A

To omit variation of (line 33 of page 55) and substitute approval of certain.

Clause 23B

To insert the following subclause after subclause (3) (after line 23 on page 56):

  • (3A) Section 36(3) is amended by omitting Authority and substituting Agency.

Clause 31: new section 65A(1)(c)

To omit are not reasonably likely to (line 11 on page 59) and substitute will not reasonably.

Clause 31: new section 65B(b)(iii)

To omit are not reasonably likely to (line 9 on page 60) and substitute will not reasonably.

Clause 31: new section 65C

To insert before the definition of diesel the following definition (before line 15 on page 60):

capital project includes a group of capital projects

New definition of project agency: to omit Agency (line 19 on page 61) and substitute Agency:.

New definition of project agency: to add the following paragraph (after line 19 on page 61):

  • (d) in the case of Auckland, and despite sections 9(1)(d) and 32(1)(a) of the Local Government (Auckland) Amendment Act 2004, includes the Auckland Regional Council

Clause 31: new section 65D

To add the following subsection (after line 11 on page 62):

  • (4) To avoid doubt, all of the district of the Franklin District Council is—

    • (a) included in the Auckland region; and

    • (b) excluded from the Waikato region.

Clause 31: new section 65E(1)(b)

To omit likely to be (line 21 on page 62).

Clause 31: new section 65E(3)(b)

To omit likely to be (line 35 on page 62).

Clause 31: new section 65G

Subsection (4): to omit this subsection (lines 3 to 5 on page 65) and substitute the following subsection:

  • (4) Despite subsection (1)(d),—

    • (a) in all cases no more than a maximum of 5 cents per litre of fuel may be used for carriageways for general traffic; and

    • (b) the total rate of any regional fuel tax scheme may not exceed—

      • (i) 2 cents per litre of fuel in 2009; and

      • (ii) 5 cents per litre of fuel in 2010.

Clause 31: new section 65J(c)

To omit is not reasonably likely to (line 11 on page 67) and substitute will not reasonably.

Clause 31: new section 65J

To insert the following paragraphs after paragraph (c) (after line 13 on page 67):

  • (ca) forecast regional fuel tax revenue and regional fuel tax expenditure have been aligned; and

  • (cb) adequate consideration has been given to phasing the proposed regional fuel tax to mitigate the financial impact of the proposed regional fuel tax scheme on people resident in the region; and

Clause 31: new section 65N(1)

To omit , with a maximum contribution of 5 cents per litre of fuel, (lines 18 and 19 on page 69).

To insert after priorities for the Auckland region (lines 20 and 21 on page 69) , provided that the responsible Ministers are satisfied that the projects are consistent with the Auckland regional land transport strategy.

Clause 31: new section 65Q(1)

Paragraph (b): to omit this paragraph (lines 28 and 29 on page 71) and substitute the following paragraph:

  • (b) the impact of the proposed regional fuel tax scheme on the national land transport programme.

Paragraph (c): to omit this paragraph (lines 30 to 32 on page 71) and substitute the following paragraph:

  • (c) in respect of a proposed scheme amended under section 65N(1), whether the proposed scheme will—

    • (i) contribute to an affordable, integrated, safe, responsive, and sustainable land transport system; and

    • (ii) result in a net benefit to the Auckland region.

Clause 31: new section 65R

To add the following subsection (after line 6 on page 73):

  • (3) If the regional transport committee decides to vary or replace a scheme in accordance with subsection (2), the allocation of regional fuel tax revenue to a capital project included in the scheme must not be reduced without the prior agreement of the relevant project agency.

Clause 31: new section 65V(2)

To insert after under (line 10 on page 76) Part 4 of.

Clause 32: new section 69(2)(a)

To omit this paragraph (lines 9 to 16 on page 84) and substitute the following paragraph:

  • (a) must include the following matters:

    • (i) the Crown’s outcomes and objectives in relation to land transport in New Zealand over a period of at least 30 financial years; and

    • (ii) the measurable targets to achieve those outcomes and objectives; and

Clause 32: new section 71(d)

To omit this paragraph (lines 19 to 21 on page 85).

Clause 32: new section 74(4)

To omit Schedule 7 (line 33 on page 86) and substitute Despite subsection (3), Schedule 7.

Clause 32: new section 77(n)

To omit this paragraph (lines 16 to 18 on page 89) and substitute the following paragraph:

  • (n) a summary of the policy relating to significance adopted by the regional transport committee under section 103.

Clause 32: new section 91A(2)(d)

To insert after decline (line 25 on page 99) funding for.

Clause 32: new section 99(1)(e)

To omit this paragraph (lines 24 and 25 on page 106).

Clause 32: new section 99(1)(g)

To omit agreement (line 32 on page 106) and substitute statement of intent.

Clause 32: new section 102

Subsection (1): to omit Every (line 6 on page 111) and substitute As soon as practicable after each triennial election, every.

Subsection (6): to omit this subsection (lines 24 to 26 on page 112).

To add the following subsection (after line 19 on page 113):

  • (14) Nothing in this section or in sections 103 and 104 applies to the Auckland Regional Council or to Auckland's regional transport committee.

Clause 32: new section 103

Subsection (1): to omit (except the committee for the Auckland region) (lines 21 and 22 on page 113).

To insert the following paragraph after subsection (1)(c) (after line 33 on page 113):

  • (d) to provide the regional council with any advice and assistance the regional council may request in relation to its transport responsibilities.

Subsection (2): to omit this subsection (lines 1 to 6 on page 114) and substitute the following subsection:

  • (2) Each regional transport committee and ARTA must adopt a policy that determines significance in respect of variations made to regional land transport programmes and regional land transport strategies under sections 18B and 81 (as the case may require).

Clause 38: new section 79A(2)

To omit the definition of motor spirits (lines 31 to 33 on page 117) and substitute the following definition:

motor spirits means motor spirit and fuels containing motor spirit specified in Excise item numbers 99.75.05F, 99.75.23D, 99.75.29C, 99.75.37D, 99.75.51K, 99.75.59E, 99.75.73L, 99.75.81A, and 99.75.93E and Tariff items 2710.19.13, 2710.19.25, 2710.19.21, 2710.19.39, 2710.19.15, 2710.19.27, 2710.19.21, 2710.19.39, 2710.19.64, 2710.19.70, 2207.20.23, 2207.20.35, 3824.90.87, 3824.90.93, and 38.90.97 set out in Schedule 3.

Schedule 1: new Schedule 7

Clause 2(1)(a): to omit Auckland's regional land transport strategy (lines 7 and 8 on page 121) and substitute a regional land transport strategy for the Auckland region.

Clause 2(1)(b): to omit approve (line 10 on page 121) and substitute after considering the strategy prepared by the regional transport committee, approve.

Clause 5(1)(b): to omit , taking into account any regional growth, economic, or land-use considerations (lines 6 to 8 on page 123).

Clause 5(1)(d): to omit growth, economic, (line 11 on page 123) and substitute economic.

Clause 5(1)(g): to omit this paragraph (lines 18 to 20 on page 123).

Clause 5(1)(i): to omit this paragraph (lines 24 to 26 on page 123) and substitute the following paragraph:

  • (i) a statement that identifies any strategic option for which co-operation is required with other regions; and

Clause 5(1): to add ; and and also to add the following paragraph (after line 36 on page 123):

  • (n) a summary of the policy relating to significance adopted by the regional transport committee in the Auckland region under clause 11(5A).

Clause 5(2): to add ; and and also to add the following paragraph (after line 6 on page 124):

  • (c) include any regional passenger transport plan.

Heading to clause 11: to omit committees (line 1 on page 129) and substitute committee.

Clause 11(5): to omit this subclause (lines 26 to 32 on page 129) and substitute the following subclause:

  • (5) The functions of the regional transport committee in the Auckland region are to—

    • (a) prepare a regional land transport strategy for the Auckland region for approval by the Auckland Regional Council, and to prepare any variations to, and reports on, the strategy:

    • (b) carry out the responsibilities of the committee set out in section 65E(3) and (4) in respect of the regional fuel tax scheme for the Auckland region.

Clause 11: to insert the following subclause after subclause (5) (after line 32 on page 129):

  • (5A) The regional transport committee in the Auckland region must adopt a policy that determines significance in respect of variations made to regional land transport strategies under clause 8.

Schedule 2

Clause 1(1): to omit from the definition of Authority July (line 6 on page 133) and substitute August.

Clause 1(1): to omit from the definition of land transport programme July (line 19 on page 133) and substitute August.

Clause 1(1): to omit from the definition of transferred employee July (line 11 on page 134) and substitute August.

Clause 1A(1)(a): to omit July (line 31 on page 134) and substitute August.

Clause 1A(1)(b): to omit July (line 36 on page 134) and substitute August.

Clause 1A(2): to omit July (line 3 on page 135) and substitute August.

Clause 1B: to omit this clause (lines 8 to 20 on page 135) and substitute the following clause:

1B Crown may pay new Agency for certain liabilities incurred before 1 August 2008
  • (1) This clause applies to all land transport revenue referred to in section 9(6) of the Land Transport Management Act 2003 (as in force immediately before 1 August 2008) that has not been paid to the Authority before that date, in respect of the 2007/08 financial year.

    (2) Without limiting clause 11(1)(d), the Crown may, without further appropriation than this clause, pay to the new Agency an amount equal to the land transport revenue to which this clause applies, as if the 2007/08 financial year ended on 31 July 2008.

Clause 2: to omit this clause (line 21 on page 135 to line 5 on page 136) and substitute the following clause:

2 Crown’s authority to pay for certain expenditure using land transport revenue
  • (1) The Crown may use land transport revenue to pay to—

    • (a) the Secretary the following amount in each of the following financial years for the purposes of Waikato rail works:

      Financial yearAmount ($)
      2008/095,000,000
      2009/105,000,000
    • (b) the Secretary to the Treasury the following amount in each of the following financial years for the purposes of upgrades and renewal of the below track Auckland rail infrastructure:

      Financial yearAmount ($)
      2008/09155,000,000
      2009/10130,000,000

    (2) In respect of the 2008/09 and 2009/10 financial years, the amount referred to in section 9(3) of the Land Transport Management Act 2003 is an amount equal to the land transport revenue for the relevant financial year less—

    • (a) any amounts that have been paid in respect of that year under subclause (1); and

    • (b) the amounts for that year that are referred to in section 9(1) and (2) of the Land Transport Management Act 2003.

    (3) In each of the 2008/09 and 2009/10 financial years, the amounts paid under subclause (1) must be deducted from the amount of land transport revenue that constitutes an inflow of the national land transport fund for the relevant financial year under section 10(2)(a) of the Land Transport Management Act 2003.

    (4) The Governor-General may, by Order in Council, reduce or increase any or all amounts or financial years specified in subclause (1), and this clause will apply or continue to apply (as the case may be), with the necessary modifications, in respect of any amended amount or financial year.

Clause 3(1): to omit July (line 18 on page 136) and substitute August.

Clause 3(1)(a): to omit July (line 22 on page 136) and substitute August.

Clause 3(1)(b): to omit July (line 26 on page 136) and substitute August.

Clause 3(3): to omit July (line 31 on page 136) and substitute August.

Clause 4(1): to omit July in each place where it appears (lines 27 and 29 on page 137) and substitute in each case August.

Clause 4(2): to omit July (line 32 on page 137) and substitute August.

Clause 4(5): to omit July (line 9 on page 138) and substitute August.

Clause 5(1): to omit July (line 10 on page 139) and substitute August.

Clause 5(3): to omit July (line 15 on page 139) and substitute August.

Heading to clause 7: to omit July (line 9 on page 140) and substitute August.

Clause 7: to omit section 20 (lines 10 and 11 on page 140) and substitute sections 20 and 21.

Clause 7: to omit July (line 12 on page 140) and substitute August.

Clause 8A(1)(c): to omit July (line 30 on page 143) and substitute August.

Clause 8A(2): to omit section 20(2)(a) and (b) (line 31 on page 143) and substitute section 20(2)(a), (b), (e), and (f).

Clause 8B(2): to omit section 20(2)(a) and (b) (line 7 on page 144) and substitute section 20(2)(a), (b), (e), and (f).

Clause 8C(1): to omit July (line 15 on page 144) and substitute August.

Clause 9: to omit July (line 21 on page 144) and substitute August.

Clause 9B(1)(a): to omit July (line 9 on page 145) and substitute August.

Clause 9D: to omit July in both places where it appears (line 35 on page 145 and line 2 on page 146) and substitute in each case August.

Clause 10B(2): to omit section 87(1)(b) and (c) (line 24 on page 147) and substitute section 87(1)(c) and (2).

Clause 11(1): to omit July (line 35 on page 147) and substitute August.

Clause 11(1)(ea): to omit July (line 15 on page 148) and substitute August.

Clause 11(2): to omit July (line 6 on page 149) and substitute August.

Clause 12(1)(a): to omit July (line 3 on page 150) and substitute August.

Clause 12(2): to omit July (line 12 on page 150) and substitute August.

Clause 13(1): to omit July (line 32 on page 150) and substitute August.

Clause 13(2): to omit July (line 1 on page 151) and substitute August.

Clause 15: to omit July (line 26 on page 151) and substitute August.

Clause 16(1): to omit July (line 22 on page 152) and substitute August.

New clause 17A: to insert the following clause after clause 17 (after line 14 on page 153):

17A Responsibility for reports and accounts of former agencies from 1 July 2008
  • (1) The new Agency must include in its initial annual report the information in respect of each former agency for the period commencing 1 July 2008 and ending on 31 July 2008 that each former agency would have had to include in the former agency's annual report under section 151 of the Crown Entities Act 2004 had it continued in existence.

    (2) To avoid doubt, the new Agency may, if it so decides, present the information referred to in subclause (1) in a combined form for the whole of the financial year ended 30 June 2009.

    (3) For the purposes of subclause (1), section 45J(1) of the Public Finance Act 1989 does not apply to each former agency in respect of the period commencing 1 July 2008 and ending on 31 July 2008.

Clause 19: to omit July (line 26 on page 153) and substitute August.

Clause 20: to omit July (line 31 on page 153) and substitute August.

Clause 22(1): to omit July (line 17 on page 154) and substitute August.

Clause 23(1): to omit July (line 27 on page 155) and substitute August.

Clause 23(2): to omit July (line 36 on page 155) and substitute August.

Part 1 of Schedule 3: Local Government Act 1974

Item relating to the definition of road: to omit this item (lines 10 and 11 on page 175) and substitute the following item:

Definition of road in section 315(1): to insert or the Government Roading Powers Act 1989 after within the meaning of that Act.

To omit Section 684(41A) (line 3 on page 176) and substitute Section 684(1)(41A).

Part 1 of Schedule 3

To insert the following item after the item relating to the Local Government Act 1974 (after line 5 on page 176):

Local Government Amendment Act 1992 (1992 No 42)

Section 89(2): to omit Transit New Zealand shall and substitute New Zealand Transport Agency must.

Section 89(2): to omit Transit New Zealand Act 1989 and substitute Government Roading Powers Act 1989.

Section 89(3): to omit Transit New Zealand and substitute New Zealand Transport Agency.

Section 89(3)(a): to omit Transit New Zealand in each place where it appears and substitute New Zealand Transport Agency in each case.

Section 89(8): to omit Transit New Zealand and substitute New Zealand Transport Agency.

To insert the following item after the item relating to the Motor Vehicle Sales Act 2003 (after line 7 on page 177):

Ngai Tahu Claims Settlement Act 1998 (1998 No 97)

Paragraph (c)(vi) of the definition of relevant land in section 48(1): omit Transit New Zealand and substitute New Zealand Transport Agency.

Section 396(5): omit Transit New Zealand and substitute New Zealand Transport Agency.

Part B of Schedule 7: omit Transit New Zealand from column 3 of the item relating to Kahutara and substitute New Zealand Transport Agency.

Schedule 111: omit Transit New Zealand from column 3 of the item relating to Oaro and substitute New Zealand Transport Agency.

Part 1 of Schedule 3: Privacy Act 1993

To add the following items (after line 22 on page 177):

Schedule 5: to insert Ministry of Transport after Ministry of Justice in each place where it appears in the column headed Access Available to.

Schedule 5: omit the heading Ministry of Transport records and substitute the heading Registrar of Motor Vehicles records.

Part 1 of Schedule 3: Railways Act 2005

Item relating to the definition of network controller: to omit network controller (line 21 on page 178) and substitute ordinary safety assessment.

Item relating to section 8(1): to omit Section 8(1) (line 32 on page 178) and substitute Section 8(2).

Item relating to section 96: to omit this item (lines 4 to 6 on page 184) and substitute the following items:

Section 96(a): omit the Director or by an officer of the Authority authorised in that capacity by the Director and substitute an officer of the Agency authorised in that capacity by the Agency.

Section 96(b): omit the Director or by an officer of the Authority authorised in that capacity by the Director and substitute an officer of the Agency authorised in that capacity by the Agency.

Section 96(c): omit the Director or by an officer of the Authority authorised in that capacity by the Director and substitute an officer of the Agency authorised in that capacity by the Agency.

Section 96(d): omit the Director or by an officer of the Authority authorised in that capacity by the Director and substitute an officer of the Agency authorised in that capacity by the Agency.

Part 1 of Schedule 3: Reserves and other Lands Disposal and Public Bodies Empowering Act 1914

To omit this item (lines 19 to 22 on page 184).

Part 1 of Schedule 3: Road User Charges Act 1977

Item relating to section 22: to insert after treated as (line 9 on page 185) land.

Part 1 of Schedule 3: Transit New Zealand Act 1989

To insert the following item after the item relating to section 1(1) (after line 6 on page 186):

Definition of financial year in section 2(1): omit Board and the Authority and substitute Agency.

Part 2 of Schedule 3: Heavy Motor Vehicle Regulations 1974

To omit Regulation 16(1)(f) (line 32 on page 206) and substitute Regulation 16A(1)(f).

To omit Regulation 16(2) (line 1 on page 207) and substitute Regulation 16A(2).

Part 2 of Schedule 3: Land Transport (Offences and Penalties) Regulations 1999

Items relating to clauses 4 and 5: to omit these items (lines 11 to 14 on page 216) and substitute the following items:

Clause 4 of Part 2 of Schedule 3: omit LTNZ and substitute New Zealand Transport Agency.

Clause 5 of Part 2 of Schedule 3: omit LTNZ and substitute New Zealand Transport Agency.

Part 2 of Schedule 3: Land Transport Rule: Dangerous Goods 2005 (45001/1)

Item relating to the definition of safety system: to omit this item (lines 10 and 11 on page 218).

Part 2 of Schedule 3 Part 2: Land Transport Rule: Operator Licensing 2007 (81001)

To insert the following items after the last item relating to Objective of rule (after line 15 on page 225):

Clause 2.1: omit Director in each place where it appears and substitute in each case Agency.

Clause 2.2(3): omit Director in each place where it appears and substitute in each case Agency.

Clause 2.2(5): omit Director and substitute Agency.

Clause 2.2(8): omit the Director believes on reasonable grounds and substitute the Agency is satisfied on reasonable grounds.

Clause 2.2(8): omit the Director may and substitute the Agency may.

Clause 2.2(9): omit Director in each place where it appears and substitute in each case Agency.

Heading to clause 2.3: omit Director and substitute Agency.

Clause 2.3(1): omit Director in each place where it appears and substitute in each case Agency.

Clause 2.3(2): omit Director and substitute Agency.

Clause 2.3(4): omit Director and substitute Agency.

Clause 2.3(5)(b): omit Director and substitute Agency.

Clause 2.5(1): omit Director in each place where it appears and substitute in each case Agency.

Clause 2.5(2): omit Director in each place where it appears and substitute in each case Agency.

Clause 2.5(3): omit Director and substitute Agency.

Clause 2.6: omit Director in each place where it appears and substitute in each case Agency.

Clause 3.2(4)(b): omit Director in each place where it appears and substitute in each case Agency.

Clause 3.2(4)(c): omit Director and substitute Agency.

Clause 3.2(6): omit Director and substitute Agency.

Clause 4.2(1): omit Director and substitute Agency.

Clause 4.2(9): omit Director and substitute Agency.

Clause 4.3(2): omit Director in each place where it appears and substitute in each case Agency.

Clause 4.6(5): omit Director and substitute Agency.

Clause 4.6(6): omit Director and substitute Agency.

Clause 4.8(3): omit Director in each place where it appears and substitute in each case Agency.

Heading to clause 4.9: omit Director and substitute Agency.

Clause 4.9(1): omit Director and substitute Agency.

Clause 4.9(2): omit Director and substitute Agency.

Clause 4.10(1): omit Director and substitute Agency.

Clause 4.10(3): omit Director and substitute Agency.

Clause 4.11(1): omit Director in each place where it appears and substitute in each case Agency.

Clause 4.11(10): omit Director in each place where it appears and substitute in each case Agency.

Clause 4.13(1): omit Director and substitute Agency.

Clause 4.13(3): omit Director and substitute Agency.

Clause 4.13(10): omit Director and substitute Agency.

Clause 4.13(11): omit the Director believes on reasonable grounds and substitute the Agency is satisfied on reasonable grounds.

Clause 4.13(11): omit the Director may and substitute the Agency may.

Clause 4.13(12): omit the Director believes on reasonable grounds and substitute the Agency is satisfied on reasonable grounds.

Clause 4.13(12): omit the Director may and substitute the Agency may.

Clause 4.13(12): omit approved by the Director and substitute approved by the Agency.

Clause 4.13(13): omit Director in each place where it appears and substitute in each case Agency.

Clause 4.13(14): omit Director and substitute Agency.

Clause 4.13(15): omit Director and substitute Agency.

Clause 4.13(16): omit Director and substitute Agency.

Clause 4.13(17): omit Director and substitute Agency.

Clause 4.13(18): omit Director in each place where it appears and substitute in each case Agency.

Clause 5.2(1): omit Director and substitute Agency.

Clause 5.4(3): omit Director and substitute Agency.

Clause 5.4(5): omit Director and substitute Agency.

Clause 5.5(1): omit Director and substitute Agency.

Clause 5.5(5)(b): omit Director and substitute Agency.

Clause 5.5(5)(c): omit Director and substitute Agency.

Heading to clause 5.7: omit Director and substitute Agency.

Clause 5.7(1): omit Director and substitute Agency.

Clause 5.7(2): omit Director and substitute Agency.

Clause 5.7(3): omit Director and substitute Agency.

Clause 5.7(4): omit Director and substitute Agency.

Clause 5.7(5): omit Director in each place where it appears and substitute in each case Agency.

Clause 6.1(7): omit Director and substitute Agency.

Clause 6.1(8): omit Director and substitute Agency.

Clause 6.2: omit Director's and substitute Agency's.

Clause 7.1(2): omit Director and substitute Agency.

Clause 7.1(2): omit Director's and substitute Agency's.

Clause 7.1(3): omit Director and substitute Agency.

Clause 7.1(4): omit Director's and substitute Agency's.

Clause 8.1: omit Director in each place where it appears and substitute in each case Agency.

Clause 8.2(1): omit Director in each place where it appears and substitute in each case Agency.

Clause 8.2(3): omit Director and substitute Agency.

Clause 8.3(3): omit Director in each place where it appears and substitute in each case Agency.

Clause 8.3(5): omit Director and substitute Agency.

Clause 8.3(7): omit the Director believes on reasonable grounds and substitute the Agency is satisfied on reasonable grounds.

Clause 8.3(7): omit the Director may and substitute the Agency may.

Clause 8.4(1): omit Director and substitute Agency.

Clause 8.4(1): omit Director's and substitute Agency's.

Clause 8.4(2): omit Director and substitute Agency.

Clause 8.5(1)(b)(i): omit Director and substitute Agency.

Clause 8.5(1)(b)(ii): omit Director and substitute Agency.

Clause 8.5(1)(c): omit Director and substitute Agency.

Clause 8.5(1)(j): omit Director and substitute Agency.

Clause 8.5(1)(k): omit Director and substitute Agency.

Clause 8.5(1)(l): omit Director and substitute Agency.

Clause 8.5(1)(m): omit Director and substitute Agency.

Clause 8.5(1)(n): omit Director in each place where it appears and substitute in each case Agency.

Clause 8.5(1)(q): omit Director and substitute Agency.

Clause 8.5(1)(s): omit Director and substitute Agency.

Clause 8.5(2): omit Director and substitute Agency.

Clause 8.6(1): omit Director in each place where it appears and substitute in each case Agency.

Clause 8.7(1): omit Director and substitute Agency.

Clause 8.7(2): omit The Director may and substitute The Agency may.

Clause 8.7(2): omit in the opinion of the Director and substitute the Agency is satisfied.

Clause 8.7(3)(a): omit Director and substitute Agency.

Clause 8.7(3)(b): omit Director and substitute Agency.

Clause 9.1(2): omit Director and substitute Agency.

Clause 10.1(1): omit Director and substitute Agency.

Clause 10.3(4)(b): omit Director in each place where it appears and substitute in each case Agency.

Clause 10.3(4)(c): omit Director and substitute Agency.

Clause 10.3(5): omit Director and substitute Agency.

Clause 10.9(2): omit Director and substitute Agency.

Clause 10.13(3)(b): omit Director and substitute Agency.

Clause 11.1(2): omit Director and substitute Agency.

Clause 11.1(4): omit Director and substitute Agency.

Clause 11.2(2): omit Director and substitute Agency.

Clause 11.2(4): omit Director in each place where it appears and substitute in each case Agency.

Clause 11.3(5)(b): omit Director in each place where it appears and substitute in each case Agency.

Clause 11.3(5)(c): omit Director and substitute Agency.

Clause 11.3(6): omit Director and substitute Agency.

To insert the following item after the definition of New Zealand Transport Agency item (after line 19 on page 225):

Definition of approved taxi organisation in Part 2: omit Director and substitute Agency.

To insert the following items after the definition of Authority item (after line 20 on page 225):

Definition of Director in Part 2: revoke.

Paragraph (b) of the definition of gross vehicle mass: omit Director and substitute Agency.

Definition of licence or other document in Part 2: omit Director and substitute Agency.

Paragraph (b)(vii) of the definition of vehicle recovery service in Part 2: omit Director and substitute Agency.

Clause 1(b) of Schedule 2: omit Director of Land Transport and substitute New Zealand Transport Agency.

Part 2 of Schedule 3: Land Transport Rule: Seatbelts and Seatbelt Anchorages 2002 (32011)

To insert the following item after the item relating to paragraph (b) (after line 11 on page 227):

Paragraph (b) of the definition of mobility device in Part 2: omit Director and substitute Agency.

Part 2 of Schedule 3: Land Transport Rule: Vehicle Equipment 2004 (32017)

To insert the following items after the item heading (after line 18 on page 233):

Clause 2.7(5): omit Director and substitute Agency.

Clause 2.7(10): omit Director and substitute Agency.

Part 2 of Schedule 3: Land Transport Rule: Vehicle Standards Compliance 2002 (35001/1)

To insert the following item after the item relating to clause 3.2(1) (after line 29 on page 235):

Clause 3.2(1): omit Director reasonably considers appropriate and substitute Agency reasonably considers appropriate.

To omit Paragraph (k)(ii) (line 30 on page 239) and substitute Paragraph (k)(iii).

Part 2 of Schedule 3: Traffic Regulations 1976

To insert the following item after the item relating to the definition of vehicle compliance certifier (after line 4 on page 244):

Regulation 29(2): omit Director and substitute Agency.


Explanatory note

This Supplementary Order Paper amends the Land Transport Management Amendment Bill.

The amendment to clause 2 specifies the proposed commencement date for the Bill.

The amendments to clauses 5 and 6 change cross-references.

The amendments to clauses 11, 13 to 15A, 17A, 19, 20, 21, 23B, and 32 refine various administrative or procedural provisions of the Bill.

The amendments to clause 31 refine the provisions regarding the proposed regional fuel tax scheme.

The amendment to clause 38 aligns the definition of motor spirits with the definition of motor spirits now found in the Biofuels Bill.

The amendments to Schedule 1 refine the provisions in Schedule 1 to provide better alignment with the provisions in the body of the Bill.

The amendments to Schedule 2 replace clause 2, change various cross-references found in clauses 7, 8A(2), 8B(2), and 10B(2), and align various clauses with the proposed commencement date for the Bill.

The amendments to Schedule 3 augment the list of consequential amendments found in those Schedules, primarily by changing “Director” to “Agency”, “Transit New Zealand” to “New Zealand Transport Agency”, and “Transit New Zealand Act 1989” to “Government Roading Powers Act 1989”.