8 National land transport fund

• [Repealed]

  Section 8: repealed, on 1 August 2008, by section 11 of the Land Transport Management Amendment Act 2008 (2008 No 47).

9 The Crown’s authority to incur certain land transport expenses and capital expenditure

• (1) In accordance with any regulations made under section 109(b)(i), the Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in a financial year up to an amount agreed by the responsible Minister and the Minister of Finance that is not more than the excise duty and excise-equivalent duty estimated to have been paid by users of pleasure craft (within the meaning of section 2(1) of the Maritime Transport Act 1994) in that financial year, for the following activities and services:

  • (a) search and rescue activities, whether in relation to pleasure craft or otherwise; and

  • (b) recreational boating safety and safety awareness; and

  • (c) maritime safety services that benefit the users of pleasure craft; and

  • (d) administration by the Secretary in relation to the activities and services described in paragraphs (a) to (c).

  (2) The Crown may utilise land transport revenue to fund Police activities or combinations of Police activities up to the amount approved by the responsible Minister under section 18L.

  (3) The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure up to an amount equal to the land transport revenue for that financial year less the amounts for the year that are referred to in subsections (1) and (2) for—

  • (a) activities and combinations of activities approved under section 20; and

  • (b) expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)(b).

  (4) The Crown may, without further appropriation than this subsection, incur expenses or capital expenditure in any financial year up to any positive amount calculated under subsection (5) for—

  • (a) activities and combinations of activities approved under section 20; and

  • (b) expenses resulting from, and repayment of, any borrowing in accordance with section 10(1)(b).

  (5) The amount referred to in subsection (4) is to be calculated in accordance with the following formula:

  a – b = c

  where—

  a

  is land transport revenue from any previous financial years; and

  b

  is the expenses and capital expenditure incurred under subsections (1), (2), (3), and (4) for those previous financial years; and

  c

  is the calculated amount.

  Section 9: substituted, on 1 August 2008, by section 12 of the Land Transport Management Amendment Act 2008 (2008 No 47).

10 National land transport fund

• (1) The national land transport fund is the cumulative balance of—

  • (a) the inflows specified in subsection (2), less any expenses and capital expenditure and repayment items of the type outlined in subsection (3) that have been accrued at any point in time; and

  • (b) the proceeds of any borrowing undertaken for the purpose of managing cashflow for the national land transport programme by—

    • (i) the Agency, in accordance with section 162 of the Crown Entities Act 2004; or

    • (ii) the Crown, in accordance with subpart 1 of Part 6 of the Public Finance Act 1989.

  (2) The inflows of the national land transport fund are—

  • (a) land transport revenue, less any expenses or capital expenditure incurred under section 9(1):

  • (b) any revenue received by the Agency for the management of Crown land, including leases and licences:

  • (c) any proceeds from the sale of land held or acquired for the purposes of a State highway or any proposed State highway:

  • (d) any interest earned by the Agency from the investment of cash from the moneys referred to in paragraphs (a) to (c):

  • (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).

  (3) The national land transport fund must be used to pay for—

  • (a) Police activities or combinations of Police activities approved under section 18L:

  • (b) activities or combinations of activities (including those relating to State highways) approved under section 20 for which the Agency is responsible for delivery or managing delivery:

  • (c) regional councils’ activities or combinations of activities approved under section 20:

  • (d) territorial authorities’ activities or combinations of activities approved under section 20 (other than public transport services activities):

  • (e) regional and territorial authorities’ activities or combinations of activities approved under section 20 that have been authorised by a transfer of responsibility under section 17 of the Local Government Act 2002:

  • (f) approved public organisations’ activities or combinations of activities approved under section 20:

  • (g) expenses resulting from, and repayment of, any borrowing in accordance with subsection (1)(b).

  (4) A local authority whose activities or combinations of activities are included in a regional land transport programme approved by ARTA is not entitled to receive funds directly from the Agency.

  (5) ARTA must, as soon as practicable and at no cost to the local authority, pay to an Auckland local authority the funds received by ARTA from the Agency for approved activities or combinations of activities to be carried out by the local authority.

  (6) Despite subsection (4), the Auckland Regional Council may receive funds directly from the Agency in respect of activities or combinations of activities approved under section 20 in respect of the preparation (including consultation) and approval of a regional land transport strategy for the Auckland Region.

  Section 10: substituted, on 1 August 2008, by section 14 of the Land Transport Management Amendment Act 2008 (2008 No 47).

11 Annual report on national land transport fund

• (1) After the end of each financial year, the Agency must prepare an annual report on the national land transport fund.

  (2) The annual report required under subsection (1) must be prepared in accordance with generally accepted accounting practice, and must include—

  • (a) a statement of inflows and expenses and capital expenditure of the national land transport fund for the financial year to which the report relates and the previous 2 financial years:

  • (b) a statement of cash flows in respect of the national land transport fund for the financial year to which the report relates:

  • (c) a statement of the financial position of the national land transport fund (including its closing balance):

  • (d) a statement of commitments:

  • (e) a statement of performance for each activity class funded by the national land transport fund for the financial year to which the report relates, unless the Minister has approved the inclusion of the information in the Agency's annual report under section 150 of the Crown Entities Act 2004:

  • (f) an explanation of how the funding of activities or combinations of activities under the national land transport programme has contributed to the achievement of any outcomes, objectives or impacts set out in any national land transport strategy or the relevant GPS:

  • (g) an explanation of how the national land transport fund has been managed with respect to the closing balance.

  (3) The provisions of the Crown Entities Act 2004 in respect of the preparation, audit, presentation, and publication of a Crown entity’s annual report (including its financial statements) apply, with all necessary modifications, to the annual report required under subsection (1).

  (4) The Agency must make a copy of the annual report publicly available in accordance with section 108.

  Section 11: substituted, on 1 August 2008, by section 15 of the Land Transport Management Amendment Act 2008 (2008 No 47).

12 Overview of regional land transport programmes

• (1) A regional land transport programme allows approved organisations and the Agency to recommend funding for land transport activities or combinations of activities from the national land transport fund that will contribute to—

  • (a) a region’s outcomes that are identified in the relevant regional land transport strategy; and

  • (b) any outcomes, objectives and impacts identified by the Crown in any national land transport strategy or the relevant GPS.

  (2) Regional land transport programmes, which are prepared by regional transport committees (or, in the case of the Auckland Region, ARTA), include—

  • (a) proposed activities and combinations of activities for 3 financial years; and

  • (b) an indication of significant activities for the following 3 financial years; and

  • (c) a 10-year financial forecast.

  (3) This section is intended by way of explanation only, and if this section is inconsistent with another provision of this Act or any other Act, then the other provision prevails.

  Section 12: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

12A Authority's land transport programme

• [Repealed]

  Section 12A: repealed, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

13 Responsibility for preparing and approving regional land transport programmes

• (1) Every 3 financial years, each regional council, in the case of every region except the Auckland Region, must—

  • (a) ensure that the relevant regional transport committee prepares, on the regional council’s behalf, a regional land transport programme; and

  • (b) approve the regional land transport programme by a date appointed by the Agency.

  (2) Every 3 financial years, ARTA (in the case of the Auckland Region) must—

  • (a) prepare an Auckland regional land transport programme; and

  • (b) approve the Auckland regional land transport programme by a date appointed by the Agency.

  (3) Before ARTA prepares an Auckland regional land transport programme, ARTA must consult with the Auckland regional transport committee about—

  • (a) ARTA's proposed areas of focus for the programme; and

  • (b) the process ARTA intends to use in preparing the programme.

  (4) A regional council or regional transport committee may—

  • (a) prepare and approve a regional land transport programme at the same time as it prepares and approves a regional land transport strategy; and

  • (b) use a single consultation process that complies with sections 18, 18A, and 78 when preparing its programme and strategy.

  (5) A regional council may publish a regional land transport programme and a regional land transport strategy as a single document.

  Section 13: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

14 Core requirements of regional land transport programmes prepared by regional transport committees

• When a regional transport committee prepares a regional land transport programme on behalf of the relevant regional council, the regional transport committee must—

  • (a) be satisfied that the regional land transport programme—

    • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

    • (ii) contributes to each of the following:

      • (A) assisting economic development:

      • (B) assisting safety and personal security:

      • (C) improving access and mobility:

      • (D) protecting and promoting public health:

      • (E) ensuring environmental sustainability; and

    • (iii) is consistent with—

      • (A) the relevant GPS; and

      • (B) any relevant regional land transport strategy; and

  • (b) take into account any—

    • (i) national land transport strategy; and

    • (ii) national energy efficiency and conservation strategy; and

    • (iii) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

    • (iv) relevant regional public transport plan; and

    • (v) likely funding from any source.

  Section 14: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 14(b)(iv): substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 14(b)(v): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

15 Core requirements of regional land transport programmes prepared by ARTA

• ARTA must, in preparing an Auckland regional land transport programme,—

  • (a) be satisfied that the Auckland regional land transport programme—

    • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

    • (ii) contributes to each of the following:

      • (A) assisting economic development:

      • (B) assisting safety and personal security:

      • (C) improving access and mobility:

      • (D) protecting and promoting public health:

      • (E) ensuring environmental sustainability; and

    • (iii) is consistent with the relevant GPS; and

  • (b) give effect to the matters in the Auckland regional land transport strategy, unless it is required to do otherwise by operational considerations that affect the sequencing and timing of activities, the funding available to it, or its statutory functions, duties, or powers; and

  • (c) take into account any—

    • (i) national land transport strategy; and

    • (ii) national energy efficiency and conservation strategy; and

    • (iii) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

    • (iv) relevant regional public transport plan; and

    • (v) likely funding from any source.

  Section 15: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 15(c)(iv): substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 15(c)(v): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

16 Form and content of regional land transport programmes (for regions other than Auckland Region)

• (1) For the purpose of seeking payment from the national land transport fund, a regional land transport programme (for regions other than the Auckland Region) must contain, for the 3 financial years to which the programme relates,—

  • (a) activities or combinations of activities, identified by approved organisations in the region, relating to local road maintenance, local road renewals and local road minor capital works, and existing public transport services; and

  • (b) the following activities or combinations of activities that the regional transport committee decides to include in the regional land transport programme:

    • (i) activities or combinations of activities proposed by approved organisations in the region, other than those identified under paragraph (a); and

    • (ii) activities or combinations of activities relating to State highways in the region that are proposed by the Agency; and

    • (iii) activities or combinations of activities, other than those relating to State highways, that the Agency may propose for the region and that the Agency wishes to see included in the regional land transport programme; and

  • (c) the order of priority, as determined by the regional transport committee, of the activities or combinations of activities that the committee decides to include in the committee's regional land transport programme under paragraph (b); and

  • (d) an assessment of each activity or combination of activities, prepared in accordance with subsection (5) 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.

  (2) A regional land transport programme must contain assessments by the regional transport committee of—

  • (a) how the programme complies with section 14; and

  • (b) the relationship of Police activities or combinations of Police activities to the regional land transport programme.

  (3) A regional land transport programme must also include—

  • (a) a statement of transport priorities for the region for the 6 financial years from the start of the programme, for which funding will be sought from the national land transport fund; and

  • (b) all significant expenditure on land transport activities to be funded from sources other than the national land transport fund; and

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

  • (d) an identification of those activities or combinations of activities (if any) that have inter-regional significance; and

  • (e) an explanation of the proposed action if it is proposed that an activity or combination of activities be varied, suspended, or abandoned; and

  • (f) an indication of any nationally or regionally significant activities that are likely to be recommended for inclusion in the national land transport programme over the 3 financial years following the regional land transport programme; and

  • (g) a financial forecast of anticipated revenue and expenditure on activities for the 10 financial years from the start of the regional land transport programme; and

  • (h) a description of how monitoring will be undertaken to assess implementation of the regional land transport programme; and

  • (i) a summary of the consultation carried out in the preparation of the regional land transport programme; and

  • (j) a summary of the policy relating to significance adopted by the regional transport committee under section 106; and

  • (k) any other relevant matters.

  (4) For the purpose of the inclusion of activities or combinations of activities in a national land transport programme, a regional land transport programme must be in the form and contain the detail that the Agency may prescribe in writing to regional transport committees.

  (5) 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).

  (6) For the purposes of this section, existing public transport services means the level of public transport services in place in the financial year before the commencement of the regional land transport programme, and any minor changes to those services.

  Section 16: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

17 Form and content of ARTA's regional land transport programmes

• (1) For the purpose of seeking payment from the national land transport fund, ARTA's regional land transport programme must contain, for the 3 financial years to which the programme relates,—

  • (a) the following activities and combinations of activities that ARTA decides to include in ARTA's regional land transport programme:

    • (i) activities or combinations of activities proposed by approved organisations in the region; and

    • (ii) activities or combinations of activities relating to State highways in the region that are proposed by the Agency; and

    • (iii) activities or combinations of activities, other than those relating to State highways, that the Agency may propose for the region and the Agency wishes to see included in ARTA's regional land transport programme; and

  • (b) the order of priority, as determined by ARTA, of the activities or combinations of activities that ARTA decides to include in ARTA's regional land transport programme under paragraph (a); and

  • (c) an assessment of each activity or combination of activities, prepared in accordance with subsection (5) 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.

  (2) ARTA's regional land transport programme must contain assessments by ARTA of—

  • (a) how the programme complies with section 15; and

  • (b) the relationship of Police activities or combinations of Police activities to ARTA's regional land transport programme.

  (3) ARTA's regional land transport programme must also include—

  • (a) a statement of transport priorities for the region for the 6 financial years from the start of the programme, for which funding will be sought from the national land transport fund; and

  • (b) all significant expenditure on land transport activities to be funded from sources other than the national land transport fund; and

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

  • (d) an identification of those activities or combinations of activities (if any) that have inter-regional significance; and

  • (e) an explanation of the proposed action if it is proposed that an activity or combination of activities be varied, suspended, or abandoned; and

  • (f) an indication of any nationally or regionally significant activities that are likely to be recommended for inclusion in the national land transport programme over the 3 financial years following ARTA's regional land transport programme; and

  • (g) a financial forecast of anticipated revenue and expenditure on activities for the 10 financial years from the start of ARTA's regional land transport programme; and

  • (h) a description of how monitoring will be undertaken to assess implementation of ARTA's regional land transport programme; and

  • (i) a summary of the consultation carried out in the preparation of ARTA's regional land transport programme; and

  • (j) a summary of the policy relating to significance adopted by ARTA under section 106; and

  • (k) any other relevant matters.

  (4) For the purpose of the inclusion of activities or combinations of activities in a national land transport programme, ARTA's regional land transport programme must be in the form and contain the detail that the Agency may prescribe in writing to ARTA.

  (5) 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).

  Section 17: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18 Consultation requirements

• When preparing a regional land transport programme, a regional transport committee or ARTA (as the case may require) must consult—

  • (a) every affected regional council; and

  • (b) every affected territorial authority; and

  • (c) every affected approved public organisation; and

  • (d) the Agency; and

  • (e) the Commissioner; and

  • (f) affected district health boards; and

  • (g) the Accident Compensation Corporation; and

  • (h) the New Zealand Historic Places Trust; and

  • (i) the New Zealand Railways Corporation; and

  • (j) representative groups of land transport users and providers (including representative groups of coastal shipping users and providers); and

  • (k) affected communities; and

  • (l) Māori of the region; and

  • (m) the public in the region.

  Section 18: substituted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18A Consultation principles

• (1) In carrying out the consultation required under section 18, a regional transport committee or ARTA (as the case may require) must—

  • (a) act in accordance with the consultation principles set out in section 82 of the Local Government Act 2002; and

  • (b) use the special consultative procedure under sections 83, 87(2)(a), and 89 of the Local Government Act 2002.

  (2) A regional transport committee or ARTA complies with subsection (1) if the required consultation on the regional land transport programme is carried out in conjunction with the relevant regional council’s consultation on its long-term council community plan or its annual plan under the Local Government Act 2002.

  (3) When consulting under section 18 and this section with respect to its regional land transport programme, ARTA need not consult any organisation or person referred to in section 18 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.

  Section 18A: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18B Process for approving regional land transport programmes prepared by regional transport committees

• (1) A regional transport committee that has prepared a regional land transport programme on behalf of a regional council must, after it has consulted under sections 18 and 18A, lodge the regional land transport programme with the regional council.

  (2) 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.

  (3) The relevant regional council may, after considering a regional land transport programme that has been lodged with it under subsection (1), decide—

  • (a) to approve the regional land transport programme, without modification; or

  • (b) to refer the regional land transport programme back to the regional transport committee with a request that the regional transport committee reconsider 1 or more aspects of the regional land transport programme.

  (4) If a regional council refers a regional land transport programme back to its regional transport committee, the regional transport committee may, after reconsidering the aspects referred back to it by the regional council in its request, forward to the regional council either or both of the following:

  • (a) an amended regional land transport programme that has been consulted on in accordance with sections 18 and 18A:

  • (b) any additional information that has been requested by the regional council or that the regional transport committee considers will help the regional council with its decision.

  (5) Despite subsection (4)(a), a regional transport committee may forward an amended regional land transport programme to the regional council without consulting in accordance with sections 18 and 18A if the amendment or amendments to the regional land transport programme are not significant.

  (6) If a regional council receives an amended regional land transport programme, or a regional land transport programme with additional information, under subsection (4), it must—

  • (a) approve the programme or amended programme and forward it to the Agency; or

  • (b) forward the programme or amended programme to the Agency stating that it is not approved along with a statement of its reasons.

  (7) If the Agency receives an amended regional land transport programme, or a regional land transport programme with additional information, under subsection (6)(b), the Agency must, when developing the national land transport programme,—

  • (a) treat the regional land transport programme or amended regional land transport programme as approved; and

  • (b) consider the regional council's statement of reasons.

  (8) Section 18F applies, with the necessary modifications, to any programme or amended programme and statement of reasons forwarded under subsection (6).

  Section 18B: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18C 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.

  Section 18C: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18D Variation of regional land transport programmes

• (1) If good reason exists to do so, a regional transport committee or ARTA may prepare a variation to its regional land transport programme during the 3 years to which it applies.

  (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.

  (4) The regional transport committee or ARTA must consider any variation request promptly.

  (5) The provisions of this Act that apply to the preparation of a regional land transport programme apply with the necessary modifications to a variation of a regional land transport programme; however, consultation is not required for any variation that—

  • (a) is not significant; or

  • (b) arises from the declaration or revocation of a State highway.

  (6) Section 18B applies, with the necessary modifications, to the approval by a regional council or ARTA of a variation of a regional land transport programme.

  (7) The Agency must consider promptly whether to vary the national land transport programme after receiving a varied regional land transport programme forwarded to it by a regional council or ARTA.

  (8) A variation of a regional land transport programme does not create an obligation on the Agency to vary the national land transport programme, but the Agency must give written reasons for any decision not to do so.

  (9) This section does not apply if section 18E applies.

  Section 18D: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18E Changes to certain activities or combinations of activities

• (1) This section applies to any activities or combinations of activities that have been identified by an approved organisation under section 16(1)(a) and included in a regional land transport programme.

  (2) If an approved organisation has good reason to change any activities or combinations of activities to which this section applies, it may request the Agency to vary the national land transport programme to take account of that change, and must inform the regional transport committee that it has made that request.

  (3) A request must be made in a form and with the detail prescribed by the Agency in writing to approved organisations.

  (4) The Agency must consider promptly any request made under this section to vary the national land transport programme.

  (5) A request made under this section does not create an obligation to vary the national land transport programme but the Agency must give written reasons for any decision not to do so.

  (6) If the Agency approves a variation under subsection (4), the relevant regional land transport programme is to be read as if the approved variation had been included in the approved programme.

  (7) This section does not apply to approved organisations in the Auckland Region.

  Section 18E: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18F Availability of regional land transport programmes

• A regional council or ARTA (as the case may require) must, by a date or dates appointed by the Agency,—

  • (a) forward copies of its approved regional land transport programme to—

    • (i) the Secretary; and

    • (ii) the Agency; and

    • (iii) the Commissioner; and

    • (iv) approved organisations in the region; and

  • (b) make the approved regional land transport programme publicly available in accordance with section 108.

  Section 18F: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18G Separate consultation with Māori on particular activities

• (1) An approved organisation or the Agency (as the case may require) must do everything reasonably practicable to separately consult Māori affected by any activity proposed by the approved organisation or the Agency that affects or is likely to affect—

  • (a) Māori land; or

  • (b) land subject to any Māori claims settlement Act; or

  • (c) Māori historical, cultural, or spiritual interests.

  (2) The relevant approved organisation or the Agency (as the case may be) must consult the land holding trustee (as defined in section 7 of the Waikato Raupatu Claims Settlement Act 1995) about any proposed activity that affects or is likely to affect land registered in the name of Pootatau Te Wherowhero under section 19 of that Act.

  Section 18G: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18H Māori contribution to decision making

• (1) The Agency and approved public organisations must, with respect to funding from the national land transport fund,—

  • (a) establish and maintain processes to provide opportunities for Māori to contribute to the organisation’s land transport decision-making processes; and

  • (b) consider ways in which the organisation may foster the development of Māori capacity to contribute to the organisation’s land transport decision-making processes; and

  • (c) provide relevant information to Māori for the purposes of paragraphs (a) and (b).

  (2) Subsection (1) does not limit the ability of the Agency or an approved public organisation to take similar action in respect of any other population group.

  Section 18H: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18I Recommendations for Police activities or combinations of Police activities

• Every 3 financial years the Agency must, by a date appointed by the Minister, prepare its recommendations for any Police activities or combinations of Police activities that are to be funded under section 10(3)(a) for the following 3 financial years.

  Section 18I: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18J Requirements before recommending Police activities or combinations of Police activities

• (1) Before recommending any Police activities or combinations of Police activities that are to be funded under section 10(3)(a), the Agency must consult the Commissioner and the Secretary.

  (2) The Agency must, in recommending any Police activities or combinations of Police activities for funding under section 10(3)(a),—

  • (a) be satisfied that those Police activities or combinations of Police activities—

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

    • (ii) contribute to each of the following:

      • (A) assisting economic development:

      • (B) assisting safety and personal security:

      • (C) improving access and mobility:

      • (D) protecting and promoting public health:

      • (E) ensuring environmental sustainability; and

  • (b) give effect to the relevant GPS; and

  • (c) take into account any—

    • (i) national land transport strategy; and

    • (ii) regional land transport strategies; and

    • (iii) national energy efficiency and conservation strategy; and

    • (iv) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

    • (v) regional public transport plans.

  Section 18J: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 18J(2)(c)(iv): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 18J(2)(c)(v): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

18K Content of recommendations under section 18I

• The Agency must ensure that its recommendations under section 18I include—

  • (a) the recommended funding contribution under section 10(3)(a) for the proposed Police activities or combinations of Police activities; and

  • (b) a list of the Police activities or combinations of Police activities that are proposed to be funded under section 10(3)(a); and

  • (c) the performance measures associated with the delivery of those proposed Police activities or combinations of Police activities; and

  • (d) the revenue to be received by the Commissioner from sources (other than the national land transport fund) applicable to the Police activities or combinations of Police activities for which funding is sought from the national land transport fund; and

  • (e) a long-term financial forecast that contains a forecast of anticipated revenue and expenditure on any Police activities or combinations of Police activities for the following 10 financial years.

  Section 18K: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18L Approval of recommendations

• (1) After considering the Agency’s recommendations under section 18I, the responsible Minister, in consultation with the Minister of Police, must approve or decline those recommendations for payment under section 10(3)(a).

  (2) The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendations.

  Section 18L: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

18M Variation of approval

• (1) The Agency may recommend a variation of an approval under section 18L(1).

  (2) After considering the Agency’s recommendation, the responsible Minister, in consultation with the Minister of Police, must approve or decline the variation, and, if approved, the variation forms part of the approval it varies.

  (3) The responsible Minister must notify the Agency and the Commissioner of the responsible Minister’s decision to approve or decline the Agency’s recommendation for variation.

  Section 18M: inserted, on 1 August 2008, by section 16 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19 Overview of national land transport programme

• (1) The Agency may include activities and combinations of activities from regional land transport programmes, and research, education, training, and other activities that the Agency is responsible for delivering, in the national land transport programme, so that the national land transport programme contributes to—

  • (a) the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

  • (b) the outcomes, objectives and impacts identified by the Crown in any national land transport strategy or the relevant GPS.

  (2) The national land transport programme also lists Police activities and combinations of Police activities that have been approved for funding by the Minister.

  (3) The national land transport programme includes approved activities or combinations of activities and those proposed for funding over the following 3 financial years, an assessment of regionally and nationally significant activities for the following 3 financial years, and a financial forecast.

  (4) This section is intended by way of explanation only, and if this section is inconsistent with another provision of this Act or any other Act, then the other provision prevails.

  Section 19: substituted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19A Responsibility for preparing and adopting national land transport programme

• (1) Every 3 financial years, the Agency must prepare and adopt a national land transport programme for the following 3 financial years.

  (2) The Agency must adopt a national land transport programme before the start of the first financial year to which it applies.

  (3) Despite subsection (2), the Agency may, with the written agreement of the Minister, adopt a national land transport programme before 1 September of the first financial year to which it applies.

  (4) A national land transport programme adopted under subsection (3) is to be treated as if it were adopted before the start of the financial year to which it applies.

  (5) Following the adoption of a national land transport programme under this section, the Agency must consider whether to amend its statement of intent, under section 148 of the Crown Entities Act 2004, to take into account any relevant particulars of the national land transport programme.

  Section 19A: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19B Core requirements for national land transport programme

• The Agency must, in preparing a national land transport programme,—

  • (a) ensure that the national land transport programme—

    • (i) contributes to the aim of achieving an affordable, integrated, safe, responsive, and sustainable land transport system; and

    • (ii) contributes to each of the following:

      • (A) assisting economic development:

      • (B) assisting safety and personal security:

      • (C) improving access and mobility:

      • (D) protecting and promoting public health:

      • (E) ensuring environmental sustainability; and

    • (iii) gives effect to the relevant GPS; and

  • (b) take into account any—

    • (i) national land transport strategy; and

    • (ii) regional land transport strategies; and

    • (iii) regional land transport programmes; and

    • (iv) national energy efficiency and conservation strategy; and

    • (v) relevant national policy statement and any relevant regional policy statements or plans that are for the time being in force under the Resource Management Act 1991; and

    • (vi) regional public transport plans.

  Section 19B: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 19B(b)(v): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 19B(b)(vi): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

19C Content of national land transport programme

• A national land transport programme must include the following matters:

  • (a) an indication of any significant forthcoming national land transport issues known to the Agency; and

  • (b) an assessment as to how the programme complies with section 19B; and

  • (c) a list of the activity classes identified in the relevant GPS to be funded from the national land transport fund, and their proposed level of funding; and

  • (d) approved activities and combinations of activities; and

  • (e) any Police activities or combinations of Police activities approved under section 18L to be delivered by the Commissioner; and

  • (f) activities and combinations of activities that the Agency anticipates being funded from the national land transport fund if they are—

    • (i) included in a regional land transport programme; or

    • (ii) activities or combinations of activities (other than those relating to State highways) for which the Agency is responsible for delivery or managing delivery; and

  • (g) an indication of any nationally or regionally significant activities that are likely to be considered for funding in the 3 financial years that follow the 3 financial years covered by the national land transport programme; and

  • (h) a statement of the Agency’s anticipated revenue and expenditure in respect of the national land transport programme for 10 financial years from the start of the programme; and

  • (i) relevant directions under Part 3 of the Crown Entities Act 2004 or any other Act.

  Section 19C: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19D Notification about decision not to include activities in national land transport programme

• (1) This section applies to the following decisions by the Agency in relation to an activity or combination of activities:

  • (a) a decision not to include an activity or a combination of activities in the national land transport programme:

  • (b) a decision to include an activity or a combination of activities in the national land transport programme, but at a different level of priority to that accorded to the activity or combination of activities in the relevant regional land transport programme.

  (2) If this section applies, the Agency must give the relevant regional transport committee or ARTA (as the case may require) written advice of the Agency’s decision and its reasons for making that decision.

  Section 19D: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19E Variation of national land transport programme

• (1) The Agency may vary the national land transport programme during the 3 financial years to which it applies.

  (2) The provisions of this Act that apply to the preparation of the national land transport programme apply with the necessary modifications to a variation of the national land transport programme.

  (3) If a current GPS is amended under section 90(1), the Agency must vary the national land transport programme as soon as practicable to give effect to that amendment.

  (4) Despite subsection (2), the Agency need not make a varied national land transport programme publicly available under section 108 if it is satisfied that the variation is not significant.

  Section 19E: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

19F Availability of national land transport programme

• The Agency must make a copy of the national land transport programme publicly available in accordance with section 108.

  Section 19F: inserted, on 1 August 2008, by section 17 of the Land Transport Management Amendment Act 2008 (2008 No 47).

20 Approval of activities and combinations of activities

• (1) The Agency may approve an activity or combination of activities as qualifying for payments from the national land transport fund.

  (2) In approving a proposed activity or combination of activities, the Agency must be satisfied that—

  • (a) the activity or combination of activities is included in the national land transport programme or qualifies under subsection (4); and

  • (b) the national land transport programme continues to meet the requirements of section 19B; and

  • (c) the following objectives have been taken into account in respect of the activity or combination of activities:

    • (i) assisting economic development; and

    • (ii) assisting safety and personal security; and

    • (iii) improving access and mobility; and

    • (iv) protecting and promoting public health; and

    • (v) ensuring environmental sustainability; and

  • (d) the activity or combination of activities contributes to the Agency’s objective, including its social and environmental responsibility, in an efficient and effective manner; and

  • (e) the activity or combination of activities has, to the extent practicable, been assessed against other land transport options and alternatives; and

  • (f) the relevant consultation requirements of this Act have been complied with.

  (3) In approving a proposed activity or combination of activities, the Agency must take into account—

  • (a) the relevant GPS; and

  • (b) any national land transport strategy; and

  • (c) any relevant regional land transport strategy; and

  • (d) any national energy efficiency and conservation strategy; and

  • (e) any relevant national policy statement and any relevant regional policy statements that are for the time being in force under the Resource Management Act 1991; and

  • (f) any relevant regional public transport plan.

  (4) 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.

  (5) When approving an activity or combination of activities as qualifying for payments from the national land transport fund, the Agency must be satisfied that the expenditure on the national land transport programme and any expenses associated with any borrowing undertaken in accordance with section 10(1)(b) in the relevant financial year will not exceed the lesser of—

  • (a) the maximum level of expenditure for the national land transport programme outlined in the relevant GPS for that financial year and the actual or anticipated amount of the closing balance of the national land transport fund at the end of the previous financial year; or

  • (b) the sum of—

    • (i) the anticipated inflows to the national land transport fund in that financial year; and

    • (ii) the actual or anticipated amount of the closing balance of the national land transport fund at the end of the previous financial year; and

    • (iii) the allowable variation for that financial year specified in the relevant GPS.

  Section 20: substituted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 20(3)(e): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 20(3)(f): added, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

20A Methods of assessment

• The Agency may apply different methods of assessment for the purpose of approving different activities or combinations of activities.

  Section 20A: substituted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

20B Agency may impose terms and conditions

• The Agency may approve activities or combinations of activities subject to any terms and conditions, which must be relevant and reasonable, that the Agency thinks fit.

  Section 20B: inserted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

20C Agency must set rate of funding assistance

• The Agency must set the rate of funding assistance from the national land transport fund for activities or combinations of activities in accordance with any criteria set by the Minister.

  Section 20C: inserted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

20D Funding decisions to be made available

• (1) If the Agency decides to approve or decline funding for an activity or a combination of activities under section 20, the Agency must—

  • (a) ensure that every decision that it makes under that section and its reasons for making that decision are made available to any affected approved organisation; and

  • (b) give any organisation or any person responsible for that activity or combination of activities written advice of its decision and reasons for its decision.

  (2) After approving or declining funding for activities or combinations of activities, the Agency must place a copy of the decision, and the reasons for the decision, on its Internet site.

  (3) In complying with subsection (2), the Agency may decide to withhold information if the disclosure of that information would be contrary to the interests specified in section 6 or 9(2)(a), (b), (ba), (h), (i), or (j) of the Official Information Act 1982.

  (4) If the Agency decides to withhold information under subsection (3), it must provide its reasons for doing so on its Internet site.

  (5) Information withheld under subsection (3) may be requested under the Official Information Act 1982.

  Section 20D: inserted, on 1 August 2008, by section 18 of the Land Transport Management Amendment Act 2008 (2008 No 47).

21 Funding for land transport research, education, or training

• [Repealed]

  Section 21: repealed, on 1 August 2008, by section 19 of the Land Transport Management Amendment Act 2008 (2008 No 47).

22 Funding for Māori roadways

• (1) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to the Agency from the national land transport fund as if the roadway were a State highway.

  (2) The Agency may, in accordance with this Part, approve an activity relating to a Māori roadway as qualifying for payments to a territorial authority from the national land transport fund as if the roadway were a local road.

  (3) The Agency and territorial authorities may receive funding for a Māori roadway if the activity is included in a regional land transport programme.

  Section 22(1): amended, on 1 August 2008, by section 20(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 22(1): amended, on 1 August 2008, by section 20(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 22(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 22(2): amended, on 1 August 2008, by section 20(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 22(2): amended, on 1 August 2008, by section 20(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 22(2): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 22(3): substituted, on 1 August 2008, by section 20(5) of the Land Transport Management Amendment Act 2008 (2008 No 47).

23 Approval of public organisations

• (1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

  • (a) approve any public organisation for the purpose of section 10(3)(f):

  • (b) revoke any approval given under this subsection.

  (2) Before making a recommendation under subsection (1), the Minister must—

  • (a) consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the approval or revocation; and

  • (b) in the case of an approval, be satisfied that granting the approval would be consistent with the purpose of this Act.

  (3) Without limiting subsection (1), an order made under that subsection may—

  • (a) grant an approval in relation to particular land transport purposes:

  • (b) grant an approval subject to conditions specified in the order.

  (4) The Department of Conservation and the Waitangi National Trust Board and ARTA are deemed to be approved public organisations under this section.

  Section 23(1)(a): amended, on 1 August 2008, by section 21 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 23(4): amended, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).

24 Land transport disbursement accounts

• (1) Every approved organisation must operate a land transport disbursement account into which must be paid all money received from the Agency pursuant to an approval under section 20.

  (2) The Agency need not have a land transport disbursement account, but must—

  • (a) comply with section 96; and

  • (b) ensure that all payments are made in accordance with a procurement procedure unless exempt by or under section 26.

  (3) All expenditure from a land transport disbursement account must be accounted for in a manner prescribed by the Agency after consultation with the Auditor-General.

  (4) Payments may be made out of a land transport disbursement account only for approved activities or combinations of activities, and only—

  • (a) within the limits and terms and conditions of the approval granted under sections 20 and 20B; and

  • (b) in accordance with a procurement procedure unless exempt by or under section 26.

  (5) An approved organisation may—

  • (a) carry forward to any later financial year any amount of the credit balance in its land transport disbursement account at the close of any financial year; and

  • (b) use that money at any time for payments in accordance with this section.

  Section 24: substituted, on 1 August 2008, by section 22 of the Land Transport Management Amendment Act 2008 (2008 No 47).

25 Procurement procedures

• (1) For the purposes of this Part, the Agency must approve 1 or more procurement procedures that are designed to obtain the best value for money spent by the Agency and approved organisations, having regard to the purpose of this Act.

  (2) In approving a procurement procedure, the Agency must also have regard to the desirability of—

  • (a) enabling persons to compete fairly for the right to supply outputs required for approved activities, if 2 or more persons are willing and able to provide those outputs; and

  • (b) encouraging competitive and efficient markets for the supply of outputs required for approved activities.

  (3) Every approved procurement procedure must specify how procurement is to be carried out (which may differ for different kinds of procurement).

  (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.

  (5) However, nothing in subsection (4) prevents an approved organisation from procuring from the organisation's own business units the provision of minor and ancillary works on terms approved by the Agency.

  (6) Nothing in this section compels an organisation or person to accept the lowest tender received by it for the provision of any outputs.

  Section 25(1): amended, on 1 August 2008, by section 23(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(1): amended, on 1 August 2008, by section 23(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 25(2): amended, on 1 August 2008, by section 23(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(2): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 25(3): amended, on 1 August 2008, by section 23(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(4): substituted, on 1 August 2008, by section 23(5) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(5): amended, on 1 August 2008, by section 23(6) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 25(5): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

26 Payments exempt from procurement procedure

• Section 25 does not apply in relation to any payment—

  • (a) approved by the Agency on the ground that the costs of the procurement process would be disproportionate to the value of the proposed activity or combination of activities; or

  • (b) made in respect of any approved administration activity that is approved by the Agency for the purpose of this section; or

  • (c) made in respect of in-house professional services that are—

    • (i) approved by the Agency; and

    • (ii) undertaken by the Agency or an approved organisation using the Agency's or approved organisation’s own staff and assets; or

  • (d) made under the land transport disbursement account of an approved organisation if the payment is made to the land transport disbursement account of another approved organisation to enable that other organisation to exercise delegated functions and powers under this Act of that first-mentioned approved organisation; or

  • (da) made from ARTA's land transport disbursement account if the payment is made to the land transport disbursement account of another approved organisation; or

  • (e) made in respect of any registered service of any public transport operator in relation to any 12-month period that follows—

    • (i) the withdrawal or proposed withdrawal of that operator from the provision of the service; or

    • (ii) the withdrawal of any other operator from the provision of the same or a similar service; or

  • (f) made in respect of any expenditure that is necessary in the urgent interests of public safety; or

  • (g) made in respect of any expenditure that is necessary for the immediate or temporary repair of damage caused by a sudden and unexpected event.

  Compare: 1989 No 75 s 27(4), (5)

  Section 26(a): amended, on 1 August 2008, by section 24(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 26(a): amended, on 1 August 2008, by section 24(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 26(a): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 26(b): amended, on 1 August 2008, by section 24(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 26(b): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 26(c)(i): amended, on 1 August 2008, by section 24(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 26(c)(i): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 26(c)(ii): substituted, on 1 August 2008, by section 24(5) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 26(da): inserted, on 1 December 2004, by section 45 of the Local Government (Auckland) Amendment Act 2004 (2004 No 57).

  Section 26(e): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

26A Notice of exemption or approval of certain procurement procedures

• If the Agency grants itself an exemption under section 26(a) or approves a procurement procedure under section 25(1) to meet its own procurement requirements, it must publish the details of its exemption or approval (as the case may be) and its reasons on its Internet site.

  Section 26A: inserted, on 1 August 2008, by section 25 of the Land Transport Management Amendment Act 2008 (2008 No 47).

27 Manner in which certain local authority interests in public transport service must be held

• (1) Any interest that a local authority has in a public transport service to which this section applies must be held in a council-controlled trading organisation, whether or not in conjunction with another local authority.

  (2) This section applies to a public transport service held by a local authority if, and only if, the public transport service indirectly receives funding for the purpose from the national land transport fund.

  (3) A regional council may, subject to subsection (1), hold an interest in, or acquire the ownership of, a public transport service or any public transport infrastructure.

  Compare: 1974 No 66 s 594ZR

  Section 27(2): amended, on 1 August 2008, by section 26 of the Land Transport Management Amendment Act 2008 (2008 No 47).

28 Safety administration programme

• [Repealed]

  Section 28: repealed, on 1 December 2004, by section 17(a) of the Land Transport Management Amendment Act 2004 (2004 No 97).

29 Approval of safety administration programme

• [Repealed]

  Section 29: repealed, on 1 December 2004, by section 17(b) of the Land Transport Management Amendment Act 2004 (2004 No 97).

30 Agencies must adhere to safety administration programme

• [Repealed]

  Section 30: repealed, on 1 December 2004, by section 17(b) of the Land Transport Management Amendment Act 2004 (2004 No 97).

31 Secretary must make safety administration programme available to public

• [Repealed]

  Section 31: repealed, on 1 December 2004, by section 17(b) of the Land Transport Management Amendment Act 2004 (2004 No 97).

32 Secretary may submit supplementary safety administration programme

• [Repealed]

  Section 32: repealed, on 1 December 2004, by section 17(b) of the Land Transport Management Amendment Act 2004 (2004 No 97).

33 Minister may approve supplementary safety administration programme

• [Repealed]

  Section 33: repealed, on 1 December 2004, by section 17(b) of the Land Transport Management Amendment Act 2004 (2004 No 97).

34 Reports on outputs and programmes

• [Repealed]

  Section 34: repealed, on 1 August 2008, by section 27 of the Land Transport Management Amendment Act 2008 (2008 No 47).

35 Needs of transport disadvantaged must be considered

• In preparing any programme under this Part, the Agency, the Commissioner, the Secretary, every local authority, ARTA, and every approved public organisation must consider the needs of persons who are transport disadvantaged.

  Compare: 1989 No 75 s 42K

  Section 35: amended, on 1 August 2008, by section 28(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 35: amended, on 1 August 2008, by section 28(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 35: amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

36 Agency may reduce, refuse, or withhold payments in certain cases

• (1) This section applies if the Agency considers that, in relation to an approved activity, an approved organisation or person—

  • (a) is in breach of a procurement procedure; or

  • (b) has been or is or will be likely to be in breach of any other provision of this Act relating to payments from a land transport disbursement account; or

  • (c) has constructed or undertaken the activity, or is proposing to construct or undertake the activity, to standards that are excessively high or unsatisfactory.

  (2) If this section applies, the Agency may, to the extent that it considers appropriate,—

  • (a) reduce any payment for any approved activity; or

  • (b) refuse the whole or part of any payment for any approved activity; or

  • (c) withhold the whole or part of any payment for any approved activity.

  (3) The Agency may, under subsection (2),—

  • (a) reduce, refuse, or withhold any amount that it is presently considering paying for any approved activity; or

  • (b) reduce, refuse, or withhold any amount that it proposes to pay for any approved activity in the future.

  (4) If the Agency makes any payment for an approved activity that is based on information that is subsequently found to be erroneous or inaccurate, the payment is recoverable in any court of competent jurisdiction as a debt due to the Agency.

  Section 36 heading: amended, on 1 August 2008, by section 29(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 36(1): amended, on 1 August 2008, by section 29(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 36(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 36(2): amended, on 1 August 2008, by section 29(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 36(2): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 36(3): amended, on 1 August 2008, by section 29(4) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 36(3): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 36(4): amended, on 1 August 2008, by section 29(5) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 36(4): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

37 Disputes

• (1) This section applies to any dispute or difference between an organisation and the Agency about 1 or more of the following:

  • (a) whether the organisation has complied with a procurement procedure in a particular case:

  • (b) the terms on which the Agency has granted an approval under section 25(5) for the provision of minor and ancillary works:

  • (c) the application of section 26 in a particular case:

  • (d) whether a payment should be reduced, refused, or withheld under section 36.

  (2) The dispute or difference must be determined by a single arbitrator appointed by the Minister.

  (3) No member or employee of the organisation or of the Agency is qualified to be an arbitrator under this section.

  (4) The organisation and the Agency are the parties to the arbitration.

  (5) Articles 35 and 36 of Schedule 1 of the Arbitration Act 1996 (which relate to recognition and enforcement of an arbitral award) and clause 6 of Schedule 2 of that Act (which relates to costs and expenses of an arbitration) apply in relation to an arbitration under this section as if this section were an arbitration agreement within the meaning of that Act, but no other provisions of that Act apply in relation to an arbitration under this section.

  Compare: 1989 No 75 s 25

  Section 37(1): amended, on 1 August 2008, by section 30(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 37(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 37(1)(b): amended, on 1 August 2008, by section 30(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 37(1)(b): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 37(3): amended, on 1 August 2008, by section 30(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 37(3): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 37(4): amended, on 1 August 2008, by section 30(3) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 37(4): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

38 Provision of information

• (1) The Agency may require an approved organisation to provide any information that the Agency considers it needs to perform its functions under this Act.

  (2) An approved organisation may require any other approved organisation to provide any information that it considers it needs to perform its functions under this Act.

  (3) A requirement under this section must be made in writing, and the information required must be provided as soon as practicable after the requirement is received and be in a readily understandable form.

  (4) It is the duty of the Secretary, the Agency, and approved organisations to give reasonable assistance to each other to enable them to perform their respective functions and duties, and exercise their respective powers under this Act.

  Compare: 1974 No 66 s 594ZZJ: 1989 No 75 ss 34, 42J

  Section 38(1): amended, on 1 August 2008, by section 31(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 38(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

  Section 38(4): added, on 1 August 2008, by section 31(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

38A Good reasons for refusing to supply requested information

• (1) The Agency may refuse a request for information under section 78(4) or 83(2) or clause 10(2) of Schedule 7 only if the information may, in the Agency's opinion, be withheld under section 6 or section 9(2)(a), (b), (ba), (h), (i), or (j) of the Official Information Act 1982.

  (2) Subsection (1) applies only if the Agency is satisfied that the reason for the refusal is not outweighed by the regional transport committee's or ARTA's need to have the information in order to discharge its functions.

  Section 38A: inserted, on 1 August 2008, by section 32 of the Land Transport Management Amendment Act 2008 (2008 No 47).

39 Special provisions relating to Auckland Region

• [Repealed]

  Section 39: repealed, on 1 August 2008, by section 33 of the Land Transport Management Amendment Act 2008 (2008 No 47).

40 Apportionment of excise duty and excise-equivalent duty

• Of the excise duty and excise-equivalent duty paid into the Crown Bank Account, after deducting any relevant refunds or drawbacks of duties under the Customs and Excise Act 1996, there must be paid to the national land transport fund the amounts prescribed for the purpose by regulations made under section 45.

  Compare: 1989 No 75 s 100

41 Refund of excise duty, excise-equivalent duty, and GST

• (1) Persons using any motor spirits, compressed natural gas, or liquefied petroleum gas are entitled to a refund in respect of excise duty, excise-equivalent duty, and goods and services tax charged on the consideration for the supply of motor spirits, compressed natural gas, or liquefied petroleum gas, to the extent that the amount of the duty that is refunded forms part of the consideration for that supply and to the extent specified in regulations made under section 45.

  (2) Nothing in this section applies to any motor spirits, compressed natural gas, or liquefied petroleum gas used for any purpose declared by regulations made under section 45 to be exempt from the provisions of this section.

  (3) [Repealed]

  (4) No such refund of excise duty, excise-equivalent duty, or goods and services tax may be allowed unless application is made for that refund in accordance with section 42.

  (5) If the amount of any refund of excise duty, excise-equivalent duty, and goods and services tax provided for in regulations made under section 45 is increased, reduced, or varied by any Act or by any regulations, refunds of duty or tax paid, whether before or after the coming into force of that increase, reduction, or variation, in satisfaction of a liability for that duty or tax incurred before that date may be applied for and made as if the increase, reduction, or variation were not in force.

  Compare: 1989 No 75 s 101

  Section 41(3): repealed, on 1 August 2008, by section 34 of the Land Transport Management Amendment Act 2008 (2008 No 47).

42 Procedure for obtaining refund

• (1) Every application for a refund under section 41 must be made to the Secretary on a form to be provided by the Secretary, and must be supported by any documentary evidence and any other information that the Secretary may require or as may be prescribed.

  (2) Applications for refunds must be made in respect of periods ending with the date or dates approved by the Secretary.

  (3) No refund may be allowed unless application for the refund is made within 2 years following the close of the period in respect of which the application is made.

  (4) If the application for a refund is made after the expiration of 3 months from the close of the relevant period but within 2 years after the close of that period, the amount of the refund otherwise payable must be reduced by 10% unless a full refund is allowed under subsection (5).

  (5) If application for a refund is made after the expiration of 3 months from the close of the relevant period, whether or not it is made within 2 years after the close of that period, the Secretary may, at his or her discretion, allow a full refund.

  (6) The Secretary may, at his or her discretion, allow a refund in any special case before the close of any period in respect of motor spirits, compressed natural gas, or liquefied petroleum gas used within that period.

  Compare: 1989 No 75 s 102

43 Offence and penalty

• (1) A person commits an offence who, for the purposes of obtaining a refund under section 41, makes any application or furnishes any information that he or she knows to be false in any material particular.

  (2) A person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $2,000.

  (3) Despite anything in the Summary Proceedings Act 1957, any information for an offence against subsection (1) may be laid at any time within 3 years after the date of the offence.

44 Consequential repeal

• Part 5 of the Transit New Zealand Act 1989 is consequentially repealed.

45 Regulations relating to sections 41 and 42

• The Governor-General may, from time to time, by Order in Council, make regulations providing for any matters contemplated by sections 41 and 42, necessary for the administration of those sections, or necessary for giving those sections full effect.

  Section 45 heading: amended, on 1 August 2008, by section 35(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 45: amended, on 1 August 2008, by section 35(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

46 Authority to establish road tolling scheme

• (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a road tolling scheme to provide funds that may be applied by or on behalf of a public road controlling authority for the purposes of—

  • (a) 1 or more of the following activities, namely, the planning, design, supervision, construction, maintenance, or operation of a new road; and

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

  (2) An order under subsection (1) must—

  • (a) describe (so far as is practicable)—

    • (i) the new road, or part of it, in respect of which the toll revenue may be applied; and

    • (ii) the road or roads that may be tolled (being the new road and, if the order so provides, a road that meets the requirements of section 48(2)), or the part or parts of those roads that may be tolled; and

  • (b) set out any conditions that must be met to the satisfaction of the Minister, being—

    • (i) any conditions that must be met before the public road controlling authority or toll operator may begin tolling; and

    • (ii) any other conditions that apply; and

  • (c) set out a process by which the Minister will confirm whether he or she is satisfied that the relevant conditions to be met before tolling may begin have been met.

  (3) An order made under subsection (1) may (without limitation)—

  • (a) set tolls, or empower the public road controlling authority or toll operator to set tolls within the maximum limit, or according to the method, set out in the order:

  • (b) provide for different levels of tolls to be levied in respect of different classes of person or motor vehicles, different times or days, different directions of travel, or different methods of payment, or to be levied on any other differential basis:

  • (c) grant exemptions from the obligation to pay tolls under the scheme (whether on a basis referred to in paragraph (b) or on any other basis specified in the order), and empower the public road controlling authority or toll operator to grant exemptions (which power is subject to any limitations set out in the order):

  • (d) state how the tolls are to be collected:

  • (e) specify any information that the toll operator or the public road controlling authority is required to provide to the Minister or any other specified person or organisation:

  • (f) authorise the enforcement authority to have access to law enforcement information held by a holder agency under the Privacy Act 1993, and set out terms and conditions governing that access:

  • (g) require the public road controlling authority to prepare a demand management plan in accordance with the order:

  • (h) specify civil penalties for breach of conditions referred to in subsection (2)(b)(ii), and establish a procedure for resolving disputes about the application of those penalties:

  • (i) require notice of the Minister's confirmation of the matters referred to in subsection (2)(c) to be published in the manner set out in the order.

  (4) An order made under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.

  (5) Before recommending that an order made under subsection (1) be amended or revoked, the Minister must consult the relevant public road controlling authority about his or her proposal.

  (6) This section does not limit any other Act that provides for tolls to be levied or collected in respect of any road.

47 When tolling power is exercisable

• (1) The power of a public road controlling authority or toll operator to begin tolling a road or part of it in accordance with an Order in Council made under section 46(1) is exercisable—

  • (a) from the time, or on and from the date, specified for the purpose in a notice published by the Minister stating that he or she is satisfied as to the matters referred to in section 46(2)(c); or

  • (b) if no time is so specified, from the time that notice is published.

  (2) A notice under subsection (1) must be published in the form and manner specified in the relevant order made under section 46(1) (if such requirements are specified in the order).

  (3) The power of a public road controlling authority or toll operator to continue tolling a road or part of it in accordance with an order made under section 46(1) is exercisable—

  • (a) during the period specified for the purpose in the order; or

  • (b) if no period is specified in the order, while the toll-setting provisions of the order remain in force.

48 Procedure for recommending making of order under section 46

• (1) The Minister must not recommend the making of an Order in Council under section 46(1) unless—

  • (a) he or she is satisfied that the activity contributes to the purpose of this Act; and

  • (b) he or she has taken into account how the activity—

    • (i) assists economic development; and

    • (ii) assists safety and personal security; and

    • (iii) improves access and mobility; and

    • (iv) protects and promotes public health; and

    • (v) ensures environmental sustainability; and

  • (c) he or she has taken into account—

    • (i) any current national land transport strategy, relevant regional land transport strategies, relevant regional public transport plans, any relevant GPS, and National Energy Efficiency and Conservation Strategy; and

    • (ii) the availability of alternative land transport options and the impact of the activity on those options; and

    • (iii) the land transport options and alternatives that have been considered by the public road controlling authority; and

    • (iv) whether the activity is consistent with current priorities for land transport expenditure; and

    • (v) the outcome of consultation undertaken by the public road controlling authority; and

  • (d) either—

    • (i) the activity is included in the current national land transport programme; or

    • (ii) the Minister is satisfied that there is a high degree of support from affected communities; and

  • (e) he or she is satisfied that—

    • (i) the requirement in subsection (2) (if applicable) is met; and

    • (ii) there is available to road users a feasible, untolled, alternative route.

  (2) The Minister, must not recommend that an existing road or part of it be tolled unless he or she is satisfied that the existing road or part is located near, and is physically or operationally integral to, the new road in respect of which the tolling revenue will be applied.

  (3) If the Agency has assessed an activity against any criterion in subsection (1) in the course of performing its functions and duties under section 19 or section 20, the Minister is entitled to rely on that assessment and need not separately assess the activity against that criterion for the purpose of this section.

  (4) The Minister may, at his or her discretion,—

  • (a) recommend or decline to recommend the making of an order under section 46(1):

  • (b) after consulting the public road controlling authority about his or her proposal, recommend the making of an order under section 46(1) that contains provisions different from those requested by the public road controlling authority.

  (5) The application of subsection (1)(d)(i) is subject to section 109.

  Section 48(1)(c)(i): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 48(1)(c)(i): amended, on 1 August 2008, by section 36(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 48(3): amended, on 1 August 2008, by section 36(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 48(3): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

49 Consultation requirements

• (1) A public road controlling authority that seeks funding by way of a road tolling scheme must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

  (2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

  Section 49(1): amended, on 1 August 2008, by section 37 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 49(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

50 Privacy

• (1) This section applies to personal information held or stored for the purposes of a road tolling scheme by or on behalf of a toll operator or enforcement authority.

  (2) The toll operator must not use any personal information to which this section applies except for the purpose of collecting tolls.

  (3) The enforcement authority must not use any personal information to which this section applies except for the purpose of enforcing the toll offence provisions of this Act.

  (4) The disclosure of personal information to which this section applies on any of the grounds set out in principle 11 in the Privacy Act 1993 is not prohibited by subsection (2) or subsection (3).

  (5) The toll operator and enforcement authority must each outline their privacy policies in a document and make the document available for inspection by the public free of charge during usual working hours or for purchase at a reasonable price.

51 Payment of tolls

• (1) A toll must be paid at the time the toll is due for payment under section 52.

  (2) A toll must be paid by a method required by the toll operator, and the toll operator may offer alternative methods of payment.

  (3) At least 1 of the methods of payment must be a method that does not record personal information in relation to the person paying the toll.

  (4) The toll operator may impose reasonable charges in connection with the administration of any method of payment.

52 Who is liable to pay toll

• (1) The driver of a motor vehicle is liable for payment of the toll to the toll operator when the vehicle reaches the toll payment point.

  (2) If the driver fails to pay the toll as required by subsection (1), the registered owner of the motor vehicle is liable for payment of the toll to the toll operator.

  (3) However, the registered owner of a motor vehicle is not liable under subsection (2) to pay a toll if, within 28 days after being notified of the non-payment of the toll, the registered owner supplies to the toll operator, in a sworn statement in writing or a statutory declaration,—

  • (a) the name and address of the driver of the vehicle or any other particulars within the knowledge of the registered owner that may lead to the identification of the person who was in charge or control of the vehicle at the relevant time; or

  • (b) a statement that the vehicle was a stolen vehicle at the relevant time.

  (4) Tolls (and the associated enforcement costs) are recoverable in a court of competent jurisdiction as a debt due to the toll operator.

  (5) Tolls are not payable in respect of any motor vehicle that—

  • (a) is a Police vehicle; or

  • (b) is a fire engine; or

  • (c) is an ambulance; or

  • (d) is exempt by virtue of an Order in Council made under section 46(1).

53 Enforcement of tolls

• A toll operator may deny a motor vehicle physical access to its toll road, or past the toll payment point, if—

  • (a) the vehicle is subject to a toll, or the driver or registered owner of the vehicle is liable to pay a toll; and

  • (b) the driver or registered owner of the vehicle has not paid the toll or made an acceptable payment arrangement with the toll operator.

54 Offences and penalties

• (1) A person commits an offence if the person, without reasonable excuse, refuses or fails to pay a toll payable by that person.

  (2) An offence against subsection (1) is a moving vehicle offence under the Land Transport Act 1998.

  (3) A person commits an offence if, for the purpose of section 52(3), the person gives a sworn statement in writing or a statutory declaration and, in that statement or declaration, gives information that the person knows to be false or misleading.

  (4) A person who commits an offence against subsection (3) is liable on summary conviction to a fine not exceeding $500.

  (5) Subsection (3) does not limit section 111 of the Crimes Act 1961.

55 Application of Fair Trading Act 1986

• (1) Nothing in this Part limits the application of the Fair Trading Act 1986.

  (2) For the purposes of the Fair Trading Act 1986, a toll operator is supplying services to those by whom the tolls are payable and is accordingly in trade.

56 Concession agreements

• (1) An activity described in the definition of concession agreement in section 5 must not be undertaken by a public road controlling authority except under a concession agreement.

  (2) Before entering into a concession agreement, a public road controlling authority must—

  • (a) obtain the Minister's prior written approval in principle; and

  • (b) satisfy the Minister that the conditions referred to in subsection (3)(b)(i) that are attached to that approval have been met.

  (3) In granting an approval in principle under subsection (2), the Minister—

  • (a) must set conditions that protect public access to the associated new road:

  • (b) may make the approval subject to any other conditions the Minister thinks fit, including (without limitation) conditions that—

    • (i) must be met before the public road controlling authority may enter into a concession agreement:

    • (ii) relate to the apportionment of risk as between the parties:

    • (iii) relate to the responsibilities of the parties:

    • (iv) relate to the rights of the parties:

  • (c) may specify civil penalties for breach of the conditions referred to in paragraph (b), and establish a procedure for resolving disputes about the application of those penalties.

  (4) Conditions imposed under subsection (3) form part of the relevant concession agreement.

  (5) The term of a concession agreement must not exceed 35 years from the date on which the associated new road is opened to the public, except that the Minister may, before the expiry of the agreement, approve an extension of the agreement once only by up to 10 years if he or she is satisfied that—

  • (a) there are exceptional circumstances justifying the extension; and

  • (b) the extension is justified in terms of the criteria set out in section 58(1)(a) and (b); and

  • (c) the concession agreement has been in effect for at least two-thirds of its term.

  (6) A concession agreement must not include any provision that provides a disincentive for a person to pursue other sustainable transport options (for example, public transport or the implementation of demand management strategies).

  (7) In performing functions, exercising rights or powers, or providing services under a concession agreement, a concessionaire must act in accordance with the agreement and this Part.

  (8) This section does not empower any person to levy a toll.

57 When concession agreement may be entered into

• A public road controlling authority that has an approval in principle to enter into a concession agreement may enter into a concession agreement if the Minister has notified the public road controlling authority that he or she is satisfied that it has met the relevant conditions attached to the approval under section 56(3)(b)(i).

58 Approval process and relationship to national land transport programme

• (1) In considering whether to grant an approval under section 56, the Minister must—

  • (a) be satisfied that the activity contributes to the purpose of this Act; and

  • (b) take into account how the activity—

    • (i) assists economic development; and

    • (ii) assists safety and personal security; and

    • (iii) improves access and mobility; and

    • (iv) protects and promotes public health; and

    • (v) ensures environmental sustainability; and

  • (c) take into account any current national land transport strategy, relevant regional land transport strategy, relevant regional public transport plan, any relevant GPS, and National Energy Efficiency and Conservation Strategy; and

  • (d) take into account the availability of alternative land transport options and the impact of the activity on those options; and

  • (e) take into account the land transport options and alternatives that have been considered by the public road controlling authority; and

  • (f) take into account whether the activity is consistent with current priorities for land transport expenditure; and

  • (g) take into account the outcome of consultation undertaken by the public road controlling authority.

  (2) The Minister must not approve a public road controlling authority entering into a concession agreement in respect of an activity unless—

  • (a) either—

    • (i) the activity is included in the current national land transport programme; or

    • (ii) the Minister is satisfied that the activity has a high degree of support from affected communities; and

  • (b) the land and road comprised in the agreement will be owned by a road controlling authority during the term of the agreement.

  (3) The fact that an approval has been granted under section 56 in respect of an activity does not of itself make the activity an approved activity.

  (4) If the Agency has assessed an activity against any criterion in subsection (1) in the course of performing its functions and duties under section 19 or section 20, the Minister is entitled to rely on that assessment and need not separately assess the activity against that criterion for the purpose of this section.

  (5) The application of subsection (2)(a)(i) is subject to section 109.

  Section 58(1)(c): amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).

  Section 58(1)(c): amended, on 1 August 2008, by section 38(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 58(4): amended, on 1 August 2008, by section 38(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 58(4): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

59 Consultation requirements

• (1) A public road controlling authority that seeks funding by way of a concession agreement must consult in accordance with sections 15 to 18 as if the public road controlling authority were seeking funding from the Agency, and those sections apply with the necessary modifications.

  (2) However, a public road controlling authority need not consult any person or organisation referred to in those sections about any matter if it has already consulted them about the matter in the course of carrying out consultation under any provision of this Act, other than this section, or under or for the purposes of any other Act.

  Section 59(1): amended, on 1 August 2008, by section 39 of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 59(1): amended, on 1 December 2004, by section 16 of the Land Transport Management Amendment Act 2004 (2004 No 97).

60 Terms of concession agreements

• (1) A concession agreement may include any terms and conditions agreed by the parties that are not inconsistent with—

  • (a) the terms and conditions of the Minister's approval under section 56; or

  • (b) the provisions of, or requirements under, this Act or any other enactment.

  (2) In addition, a concession agreement must include the functions, duties, and powers under Part 21 of the Local Government Act 1974 or Part 4 of the Government Roading Powers Act 1989 that are delegated under section 61.

  Section 60(2): amended, on 1 August 2008, by section 40 of the Land Transport Management Amendment Act 2008 (2008 No 47).

61 Delegation of roading functions and powers to concessionaires

• (1) A road controlling authority may, with the prior approval of the Minister, delegate in writing to a concessionaire all or any of its functions and powers under—

  • (a) Part 21 of the Local Government Act 1974; or

  • (b) Part 4 of the Government Roading Powers Act 1989, other than the power under section 61(3) to make bylaws or the power under section 62 to delegate.

  (2) While functions or powers of a road controlling authority are delegated to a concessionaire under subsection (1),—

  • (a) the concessionaire must perform or exercise the delegated functions, duties, or powers in its own name and is liable accordingly; and

  • (b) neither the road controlling authority nor the Crown is answerable for any act or default of the concessionaire in the performance or exercise of any functions, duties, or powers so delegated; and

  • (c) the road controlling authority may not perform or exercise any of the functions, duties, or powers so delegated without first revoking that delegation.

  (3) A concessionaire to whom any functions or powers are delegated under subsection (1) may, with the prior approval in writing of the Minister and the road controlling authority, delegate to any other person such of those functions or powers as are so approved.

  (4) [Repealed]

  Section 61(1)(b): amended, on 1 August 2008, by section 41(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 61(4): repealed, on 1 August 2008, by section 41(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

62 Effect of delegation under section 61

• (1) This section applies in relation to delegations under section 61.

  (2) A person may, subject to any general or special directions given or conditions imposed by the road controlling authority, exercise any functions or powers under a delegation in the same manner and with the same effect as if they had been conferred or imposed on that person directly by section 61 and not by delegation.

  (3) A delegation may be made—

  • (a) to a specified person or to persons of a specified class; or

  • (b) to the holder or holders for the time being of a specified office or specified class of office.

  (4) A delegation must be given for a specified period but in any event is revocable on the terms and conditions agreed in the relevant concession agreement.

  (5) Until it is revoked or it expires, a delegation continues in force according to its tenor, despite the fact that the person by whom it was made may cease to hold office, and continues to have effect as if it were made by the person for the time being holding that office.

  (6) A person purporting to act under a delegation must, when reasonably requested to do so, produce evidence of his or her authority to so act.

  (7) A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

63 Leasing

• (1) A road controlling authority may, for the purpose of enabling a concessionaire to discharge any responsibilities under a concession agreement or this Part, grant a lease for a term not longer than 35 years over any land under the control of the road controlling authority.

  (2) However, a road controlling authority may extend the lease once only by up to 10 years in order to align the term of the lease as closely as practicable with the term of a related concession agreement (as provided for in section 56(5)).

  (3) In subsection (1), land includes—

  • (a) an estate, right, title, or interest in land; and

  • (b) a road or portion of a road; and

  • (c) land acquired by the road controlling authority under the Public Works Act 1981.

  (4) The lease—

  • (a) may be set out in the concession agreement or in a separate deed or agreement:

  • (b) may be for the whole or any part of any period or periods within the concession agreement and on any terms and conditions that the road controlling authority thinks fit:

  • (c) if so required by the Minister, must include provisions setting out the rights and responsibilities of the lessor and lessee, including provisions about matters such as fees:

  • (d) must include provisions relating to the protection of public access to the land.

  (5) While the concession has effect, the grant of the lease—

  • (a) is not a subdivision for the purposes of section 218 of the Resource Management Act 1991; and

  • (b) is not subject to sections 40 to 42 of the Public Works Act 1981.

  (6) For the purposes of the Rating Powers Act 1988 and the Local Government (Rating) Act 2002, land subject to a lease under subsection (1) and formed and used for a road is not rateable property.

  (7) A licence must not be granted for the purpose referred to in subsection (1).

64 Registration of leases

• Despite anything in the Land Transfer Act 1952, if a lease under section 63 is in the form of a deed and the lease is granted over land for which no certificate of title or computer register has been issued or created under that Act or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002, the Minister may request the Registrar-General of Land to register the deed by constituting it as a computer interest register under section 9 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and the Registrar-General of Land must register the deed accordingly.

65 This Part and other land transport legislation enforceable in relation to concession roads and toll roads