(1) All land transport revenue must, as soon as practicable after its receipt by the relevant collecting body, be paid into a Crown Bank Account and be identified as being part of the national land transport fund.

(2) All roading revenue held in the Crown Bank Account under the Transit New Zealand Act 1989 immediately before the commencement of this section must be treated as land transport revenue under this Act.

(1) In each financial year, the Crown incurs a liability to pay from the national land transport fund, without further appropriation than this section, the amounts referred to in subsections (2) to (6).

(2) The Crown incurs a liability to pay to the relevant collecting body the amount agreed between the responsible Minister and the Minister of Finance for the outputs delivered in that financial year in—

• (a) collecting land transport revenue; and

• (b) administering and enforcing the Road User Charges Act 1977 and Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

(3) The Crown incurs a liability to pay to the relevant collecting body the refunds paid or payable in any financial year of—

• (a) road user charges and additional charges in accordance with section 22(2) of the Road User Charges Act 1977; and

• (b) excise duty and excise-equivalent duty in accordance with section 41; and

• (c) fees and charges for the purposes of Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986.

(4) The Crown incurs a liability to pay to the Commissioner the amount determined by the responsible Minister for the activities or activity classes delivered by the Commissioner under the Authority's approved land transport programme less any revenue received or receivable by the Commissioner from other sources applicable to activities or activity classes in the programme.

(5) [Repealed]

(6) The Crown incurs a liability to pay to the Authority an amount equal to the land transport revenue for that financial year less the amount of the liabilities for that year that are referred to in subsections (2) to (4).

(1) The Authority must operate a national land transport account.

(2) The national land transport account may be used to provide funds as follows:

• (a) to Transit for approved activities:

• (ab) to the Authority for approved activities:

• (b) to regional councils for approved activities:

• (c) to territorial authorities for approved activities (other than public transport services activities):

• (d) to territorial authorities for the purpose of carrying out any activity to which paragraph (b) applies, and to regional councils for the purpose of carrying out any activity to which paragraph (c) applies, if authorised to do so by a transfer of responsibility under section 17 of the Local Government Act 2002:

• (e) to approved public organisations for any land transport purposes specified under section 23:

• (f) to any person for the purposes of any research, education, or training activity or activity class.

(2A) Funding under subsection (2)(ab) is subject to compliance with section 25 (procurement procedures) unless exempt by or under section 26.

(3) The following amounts must be paid each financial year into the national land transport account:

• (a) any amount paid to the Authority under section 9(6):

• (b) all other money received by the Authority from any other source.

(4) Each financial year, there is payable out of the national land transport account—

• (a) payments to approved organisations and persons for approved activities; and

• (b) any costs and expenses of the Authority that—

  • (i) arise out of the performance of its functions and duties and the exercise of its powers under this Act or any other Act; and

  • (ii) are up to a maximum amount that has been approved by the responsible Minister; and.

• (c) all compensation or damages payable by the Authority.

(5) The funds held by the Authority in the accounts that constituted the National Roads Account under the Transit New Zealand Act 1989 must be treated as if they were part of the national land transport account.

(6) The Authority may reduce payments to Transit for approved activities to take account of revenue received by Transit from the following sources:

• (a) funds invested by Transit; and

• (b) the sale of Crown land; and

• (c) the management of Crown land, including revenue received for advertising on State highways; and

• (d) all other revenue derived from a source other than the Authority, except from—

  • (i) tolling; or

  • (ii) permits issued by Transit under the Heavy Motor Vehicle Regulations 1974 or under rules made under the Land Transport Act 1998 relating to overweight permits; or

  • (iii) the provision of advisory or related services; or

  • (iv) financial contributions made by developers; or

  • (v) costs, expenses, or damages awarded to Transit; or

  • (vi) [Repealed]

The Authority may—

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

• (b) allocate or spend that money at any time.

(1) In each financial year, every approved organisation that recommends that any activities or activity classes be included in a national land transport programme must, by a date or dates appointed by the Authority,—

• (a) prepare a land transport programme for the next financial year; and

• (b) forward copies to the Authority, Transit, the Commissioner, and the Secretary; and

• (c) make it available to the public in a written form.

(2) The provisions of Part 1 of Schedule 1 (which relate to the content of land transport programmes) apply to land transport programmes and organisations preparing them.

(3) An approved organisation must, in preparing a land transport programme, take into account how each activity or activity class—

• (a) assists economic development; and

• (b) assists safety and personal security; and

• (c) improves access and mobility; and

• (d) protects and promotes public health; and

• (e) ensures environmental sustainability.

(4) [Repealed]

(5) An approved organisation (other than ARTA) must, in preparing a land transport programme, take into account any current national land transport strategy, National Energy Efficiency and Conservation Strategy, and relevant regional land transport strategies.

(6) ARTA must, in preparing a land transport programme,—

• (a) take into account any current national land transport strategy and the National Energy Efficiency and Conservation Strategy:

• (b) from a date appointed by the Governor-General by Order in Council, give effect to the matters in the Auckland regional land transport strategy required by section 175(2) of the Land Transport Act 1998, 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 or powers.

(1) In each financial year and if it recommends that any activities or activity classes, including those delivered by the Commissioner, are to be included in a national land transport programme, the Authority must prepare a land transport programme for the next financial year.

(2) Before preparing a land transport programme under subsection (1), the Authority must consult the Commissioner.

(3) The Authority must—

• (a) include in each of its land transport programmes—

  • (i) the recommended funding for the Authority and the Commissioner; and

  • (ii) an estimate of the revenue to be received by the Authority and the Commissioner from sources (other than the national land transport fund) applicable to the outputs for which funding is sought from the national land transport programme; and

• (b) forward copies of its land transport programme to local authorities, Transit, the Commissioner, and the Secretary; and

• (c) make its land transport programme available to the public in a written form.

(4) The provisions of Part 1 of Schedule 1 (which relate to the contents of land transport programmes) apply to the Authority's land transport programmes and to the Authority.

(5) The Authority must, in preparing a land transport programme, take into account how each activity or activity class—

• (a) assists economic development; and

• (b) assists safety and personal security; and

• (c) improves access and mobility; and

• (d) protects and promotes public health; and

• (e) ensures environmental sustainability.

(6) The Authority must, in preparing a land transport programme, take into account any current national land transport strategy, the National Energy Efficiency and Conservation Strategy, and any relevant regional land transport strategies.

(7) If the Authority prepares a land transport programme under subsection (1), the Authority must obtain the approval of the responsible Minister for that land transport programme.

A local authority need not prepare a land transport programme for a financial year if—

• (a) the local authority's long-term council community plan or annual plan includes the matters required to be in a land transport programme prepared by the local authority; and

• (b) the local authority provides details of those matters as required by section 12 in a form that the Authority is satisfied complies with the provisions of this Act relating to the form of a land transport programme; and

• (c) in preparing the plan, the local authority has taken into account the matters referred to in section 12(3) and (5).

(1) The organisation responsible for preparing a land transport programme may vary the programme from time to time during the financial year to which it applies,—

• (a) if the programme has been prepared by the Authority, by agreement with the Minister:

• (b) in every other case, by agreement with the Authority.

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

(3) The Minister or the Authority (as the case may require) may (without limitation) decline to agree to a variation of a land transport programme if the Minister or the Authority (as the case may require) is satisfied that the subject matter of the variation could reasonably have been included in the organisation's land transport programme.

(1) When preparing its land transport programme, Transit must consult—

• (a) [Repealed]

• (b) the Authority; and

• (c) every affected local authority; and

• (d) every affected approved public organisation; and

• (e) the Accident Compensation Corporation; and

• (f) the Commissioner; and

• (g) the Ministry of Health; and

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

• (i) land transport users and providers; and

• (j) affected communities; and

• (k) Maori; and

• (l) the public.

(2) When preparing a land transport programme, a regional council (or a territorial authority having the powers of a regional council) must consult—

• (a) [Repealed]

• (b) Transit; and

• (c) the territorial authorities in the region; and

• (d) the adjoining regional councils and territorial authorities; and

• (e) every affected approved public organisation; and

• (f) the district health boards in the region; and

• (g) the Accident Compensation Corporation; and

• (h) the Authority; and

• (i) the Commissioner; and

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

• (k) land transport users and providers; and

• (l) affected communities; and

• (m) Maori of the region; and

• (n) the public in the region.

(3) When preparing a land transport programme, a territorial authority must consult—

• (a) [Repealed]

• (b) Transit; and

• (c) all regional councils whose jurisdiction includes the district; and

• (d) the adjoining territorial authorities; and

• (e) the district health boards in the district; and

• (f) the Accident Compensation Corporation; and

• (g) every affected approved public organisation; and

• (h) the Authority; and

• (i) the Commissioner; and

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

• (k) land transport users and providers; and

• (l) affected communities; and

• (m) Maori of the district; and

• (n) the public in the district.

(4) When preparing a land transport programme, any other approved organisation must consult—

• (a) [Repealed]

• (b) Transit; and

• (c) every affected regional council; and

• (d) every affected territorial authority; and

• (e) every affected approved organisation; and

• (f) affected district health boards; and

• (g) the Accident Compensation Corporation; and

• (h) the Authority; and

• (i) the Commissioner; and

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

• (k) land transport users and providers; and

• (l) affected communities; and

• (m) Maori; and

• (n) the public.

(4A) When preparing a land transport programme under section 12A, the Authority must—

• (a) consult—

  • (i) Transit; and

  • (ii) every affected regional council; and

  • (iii) every affected territorial authority; and

  • (iv) every affected approved organisation; and

  • (v) the Ministry of Health; and

  • (vi) the Accident Compensation Corporation; and

  • (vii) the Commissioner; and

  • (viii) the Secretary; and

  • (ix) the Ministry of Justice; and

  • (x) land transport users and providers; and

  • (xi) affected communities; and

  • (xii) Maori; and

  • (xiii) the public; and

• (b) carry out the consultation using the special consultative procedures set out in Part 2 of Schedule 2.

(4B) The Authority need not consult any organisation or person referred to in subsection (4A) about any activity or activity class to be included in the Authority's land transport programme if—

• (a) an approved organisation has, under clause 2(5) of Schedule 1, recommended that the activity or activity class is to be included in the Authority's land transport programme; and

• (b) the approved organisation has already consulted that organisation or person about the activity or activity class.

(5) A local authority need not consult any organisation or person referred to in subsection (2) or subsection (3) about any matter if it has already consulted that organisation or person about the matter in the course of preparing its current long-term council community plan or annual plan in accordance with the Local Government Act 2002.

(6) ARTA must consult under subsection (4) with respect to its land transport programme, but need not otherwise consult any organisation or person referred to in subsection (4) about any activity in its land transport programme if an Auckland local authority has already consulted that organisation or person about the activity in the course of preparing its current long-term council community plan or annual plan in accordance with the Local Government Act 2002.

(1) Consultation required by this Act must be carried out in accordance with the consultation principles set out in Part 1 of Schedule 2.

(2) Part 1 of Schedule 2 applies in relation to every approved organisation, but is subject to section 15(5) (which relates to consultation carried out by local authorities under the Local Government Act 2002).

(1) Every approved organisation that is required by section 15 to consult with land transport users and providers, affected communities, or the public must use the special consultative procedure set out in Part 2 of Schedule 2.

(2) Part 2 of Schedule 2 applies in relation to every such approved organisation, but is subject to section 15(5) (which relates to consultation carried out by local authorities under the Local Government Act 2002).

(1) An approved organisation that is required to consult Maori in the course of preparing a land transport programme must use the special consultative procedure set out in Part 2 of Schedule 2.

(2) Part 2 of Schedule 2 applies in relation to every approved organisation, but is subject to section 15(5) (which relates to consultation carried out by local authorities under the Local Government Act 2002).

(3) In addition to complying with Part 2 of Schedule 2, an approved organisation must do everything reasonably practicable to separately consult Maori affected by any proposed activity that affects or is likely to affect—

• (a) Maori land; or

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

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

(4) In addition to complying with Part 2 of Schedule 2, the responsible approved organisation 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.

(5) The Authority, Transit, and approved public organisations other than local authoritites must—

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

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

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

(6) Subsection (5) does not limit the ability of the Authority, Transit, or an approved public organisation to take similar action in respect of any other population group.

(1) The Authority must, for each financial year,—

• (a) prepare and adopt a national land transport programme; and

• (b) make it available to the public in a written form.

(2) The provisions of Part 2 of Schedule 1 (which relate to the content of national land transport programmes) apply to national land transport programmes and to the Authority.

(3) Before adopting a national land transport programme, the Authority must be satisfied that—

• (a) the programme contributes to the purpose of this Act and contributes to the following:

  • (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

• (b) the Minister's approval has been given under section 12A(7), if applicable.

(4) In preparing a national land transport programme, the Authority must take into account any current national land transport strategy, relevant regional land transport strategy, and National Energy Efficiency and Conservation Strategy.

(5) The Authority—

• (a) may add, suspend, or abandon any activities or activity classes; and

• (b) must from time to time amend a national land transport programme to reflect such decisions; but

• (c) need not make an amendment available to the public in a written form unless it is satisfied that the amendment is significant.

(1) The Authority may approve an activity or activity class as qualifying for payments from the national land transport account if

• (a) the Authority is satisfied that subsections (2) and (3) have been complied with; and

• (b) the Authority is satisfied that its expenditure forecast from the national land transport account on activities and activity classes included in the national land transport programme for the relevant financial year will not exceed the following sum:

  • (i) the anticipated amounts payable under section 9(6), borrowed for that financial year, and carried forward from any previous financial year; plus

  • (ii) any other money that may be owing to the Authority (including any other liability of the Crown to the Authority under section 9); less

  • (iii) the administrative costs and expenses that are payable under section 10(4)(b).

(2) In approving a proposed activity or activity class, the Authority must take into account—

• (a) how the activity or activity class—

  • (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

• (b) any current national land transport strategy, relevant regional land transport strategy, and National Energy Efficiency and Conservation Strategy.

(3) In approving a proposed activity or activity class, the Authority must be satisfied that—

• (a) the activity or activity class 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 19(3) and (4); and

• (c) the activity or activity class contributes to the Authority's objective, including its social and environmental responsibility, in an efficient and effective manner; and

• (d) the activity or activity class has, to the extent practicable, been assessed against other land transport options and alternatives; and

• (e) the organisation seeking the funding has complied with the relevant consultation requirements of this Act in preparing its land transport programme.

(4) However, the Authority may, without complying with subsections (2) and (3), approve for payment from the national land transport account any activities and activity classes that, in the opinion of the Authority,—

• (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) The Authority may apply different methods of assessment for the purpose of approving different activities and activity classes.

(6) The Authority may approve activities and activity classes subject to any terms and conditions, which must be relevant and reasonable, that the Authority thinks fit.

(7) If the Authority decides not to approve an activity or activity class, the Authority must give the organisation responsible for preparing the relevant land transport programme written advice of its decision and reasons for its decision.

Despite anything in section 20, the Authority may not withhold approval of an activity or activity class included in the Authority's land transport programme prepared under section 12A without the Minister's consent.

(1) The Authority may approve funding for research, education, or training activities or activity classes up to a maximum amount that has been approved by the responsible Minister.

(2) Persons seeking funding under subsection (1) from the Authority must prepare a proposal in a form approved by the Authority and submit the proposal to the Authority.

(3) Funding under subsection (1)—

• (a) is not subject to section 12 or section 12A or section 19 or section 20, but the activities approved for funding must be shown in the current national land transport programme; and

• (b) is subject to compliance with section 25 (procurement procedures) unless exempt by or under section 26.

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

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

(3) Transit and territorial authorities may apply for funding for a Maori roadway if the activity is included in its land transport programme.

(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(2)(e):

• (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.

(1) Every approved organisation that receives funds from the national land transport account must operate a land transport disbursement account.

(2) All money received from the national land transport account by a recipient referred to in section 10(2) must be paid into its land transport disbursement account.

(3) Transit must also pay into its land transport disbursement account all other money received by Transit from any source other than the national land transport account.

(4) All expenditure from a land transport disbursement account must be recorded in a form that contains any details that are prescribed by the Authority after consultation with the Controller and Auditor-General.

(5) Payments may be made from a land transport disbursement account as follows:

• (a) in the case of funds received by an approved organisation from the national land transport account, payments may be made only in respect of approved activities or activity classes:

• (b) in the case of funds received by a person for education, research, or training activities or activity classes, payments may be made for activities or activity classes approved under section 21:

• (c) in the case of funds received by Transit from any other source, payments may be made in respect of any costs and expenses of Transit that arise out of the performance of its functions and duties, or the exercise of its powers.

(6) All payments from a land transport disbursement account—

• (a) are subject to any relevant conditions imposed by an order made under section 23; and

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

(7) 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) spend that money at any time.

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

(2) In approving a procurement procedure, the Authority 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) A procedure approved by the Authority under subsection (1) must specify how procurement is to be carried out (which may differ for different kinds of procurement).

(4) It is a condition of every approved procurement procedure that an organisation or person must procure outputs from a provider other than the organisation or person, or their 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 Authority.

(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 does not apply in relation to any payment—

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

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

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

  • (i) approved by the Authority; and

  • (ii) undertaken by an approved organisation using the 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 6-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.

(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 account.

(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.

(1) The Secretary must include in every annual report to be given by him or her to the Minister under section 43 of the Public Finance Act 1989—

• (a) a statement comparing the performance of the Authority in relation to the activities or activity classes in that financial year (other than those delivered by the police) with the relevant performance measures agreed under clause 5 of Schedule 3 for that year; and

• (b) a statement comparing the performance of the police in relation to the activities or activity classes delivered by the police in that financial year with the relevant performance measures agreed under clause 5 of Schedule 3 for that year, which statement must be prepared by the Commissioner in the form agreed in writing by the responsible Minister and the Minister of Police.

(2) The Minister may require the Commissioner to provide information relating to the activities or activity classes delivered by the police, and the Commissioner must provide the information in the manner agreed in writing by the responsible Minister and the Minister of Police.

(3) An agreement entered into by the responsible Minister and the Minister of Police under subsection (2) must be published or made available to the public in the manner that those Ministers jointly consider appropriate.

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

(1) This section applies if the Authority 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 Authority 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 Authority 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 Authority 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 Authority.

(1) This section applies to any dispute or difference between an organisation and the Authority 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 Authority 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 Authority is qualified to be an arbitrator under this section.

(4) The organisation and the Authority 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.

(1) The Authority may require an approved organisation to provide any information that the Authority 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.

(1) Immediately after 1 January 2005, the Auckland Regional Council must transfer to ARTA any part of the funds received by it from Transfund in relation to the Auckland Regional Council's land transport programme for the year ending 30 June 2005 (other than funding that relates to the Auckland Regional Council's Regional Land Transport Strategy) that remains in the Auckland Regional Council's land transport disbursement account at that date.

(2) From 1 January 2005, all grants to be made by Transfund in relation to the programme referred to in subsection (1) must be made to ARTA rather than the Auckland Regional Council.

(3) Despite the Auckland Regional Council being an approved organisation for the purposes of this Act, it may not after 1 January 2005—

• (a) make any recommendation of a kind referred to in section 12(1); or

• (b) receive any funds directly from the national land transport account; or

• (c) prepare a land transport programme.

(4) However, on and from 1 January 2005 the Auckland Regional Council may make a recommendation of a kind referred to in section 12(1) or receive funds directly from the national land transport account and prepare a land transport programme only if it does so for the purpose of exercising its powers under sections 175 to 182 of the Land Transport Act 1998.

(5) Despite an Auckland territorial authority being an approved organisation for the purposes of this Act, it may not after 1 July 2005—

• (a) make any recommendation of a kind referred to in section 12(1); or

• (b) receive any funds directly from the national land transport account; or

• (c) prepare a land transport programme.

(6) 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 Transfund for approved activities to be carried out by the local authority.

(7) Transit's land transport programmes for the year commencing 1 July 2006 and subsequent years must include a statement of its view of land transport priorities (including the priorities of other approved organisations) for the Auckland Region; and, in preparing this statement of priorities, Transit—

• (a) must take into account the 10 year financial forecasts of the land transport expenditure of Transfund and the Auckland local authorities, and the priorities in the latest land transport programme of ARTA; and

• (b) may include comment on ARTA's latest land transport programme.

(8) ARTA' s land transport programmes for the year commencing 1 July 2006 and subsequent years must include a statement of its view of land transport priorities (including the priorities of other approved organisations) for the Auckland Region; and, in preparing this statement of priorities, ARTA—

• (a) must take into account the 10 year financial forecasts of the land transport expenditure of Transfund and the Auckland local authorities, and the priorities in the latest land transport programme of Transit; and

• (b) may include comment on Transit's latest land transport programme; and

• (c) must be satisfied that the priorities contribute to its objective, including its social and environmental responsibilities, and contribute to the following:

  • (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.

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.

(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) All refunds of excise duty, excise-equivalent duty, and goods and services tax under regulations made under section 45 must be paid out of the national land transport fund to the extent specified in the regulations without further appropriation than this section.

(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.

(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.

(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.

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

The Governor-General may, from time to time, by Order in Council, make regulations providing for any matters contemplated by sections 40 to 42, necessary for the administration of those sections, or necessary for giving those sections full effect.

(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.

(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.

(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, 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 Authority 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.

(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 Authority, 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.

(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.

(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.

(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).

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.

(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.

(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.

(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.

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).

(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, 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 Authority 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.

(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 Authority, 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.

(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 Transit New Zealand Act 1989 that are delegated under section 61.

(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 Transit New Zealand 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) Nothing in this section affects the right of Transit to delegate under clause 20 or clause 21 of Schedule 4.

(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.

(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).

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.

(1) This section applies in relation to persons who are enforcement officers under the Land Transport Act 1998.

(2) In relation to a concession road or toll road and to any person, vehicle, or animal on that road,—

• (a) enforcement officers who are sworn members of the police and enforcement officers who are non-sworn members of the police authorised for the purpose by the Commissioner may enforce the provisions of this Part and the other enactments referred to in section 113(1) of the Land Transport Act 1998, and, to avoid doubt, the road must be regarded for this purpose as a road as defined in section 2(1) of that Act; and

• (b) other enforcement officers who are appointed for the purposes of this Part under section 208(1) of the Land Transport Act 1998 may enforce the provisions of this Part relating to tolls, and, to avoid doubt, the road must be regarded for this purpose as a road as defined in section 2(1) of that Act; and

• (c) the provisions of the Summary Proceedings Act 1957 and the regulations in force under that Act apply accordingly.

(3) For the purposes of sections 52(1)(c) and 53 of the Land Transport Act 1998, an enforcement officer who gives or imposes any lawful requirement, direction, notice, request, or prohibition in relation to a person, vehicle, or animal on a concession road or toll road must be regarded as acting in the execution of his or her functions or powers under that Act.