Public Transport Management Act 2008

Before its repeal, this Act was administered by: Ministry of Transport
  • repealed
  • Public Transport Management Act 2008: repealed, on 13 June 2013, by section 71(1) of the Land Transport Management Amendment Act 2013 (2013 No 35).
4 Interpretation
  • For the purposes of this Act, unless the context otherwise requires,—

    accessibility standards, in relation to a public transport service, means standards concerning the ease with which passengers, or a class of passengers, can access 1 or more aspects of the public transport service, and may include standards concerning the ease with which—

    • (a) information about the service can be accessed:

    • (b) the service can be identified:

    • (c) the service can be boarded:

    • (d) a passenger can access the facilities provided to pay the fare:

    • (e) a passenger can get to a seat:

    • (f) a passenger can use a seat:

    • (g) a passenger can identify the desired place to alight from the service:

    • (h) a passenger can alight from the service

    Agency has the same meaning as in section 5 of the Land Transport Management Act 2003

    approved public organisation has the same meaning as in section 5 of the Land Transport Management Act 2003

    Auckland has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009

    Auckland Council has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009

    Auckland Transport has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009

    commercial public transport service

    • (a) means a public transport service for the supply of which the regional council has not contracted to pay; and

    • (b) includes, to the extent that the regional council has not contracted to pay for the supply of only a part of the service, only that part

    Commissioner has the same meaning as in section 5 of the Land Transport Management Act 2003

    contracted public transport service

    • (a) means a public transport service—

      • (i) that is described in the regional public transport plan of a regional council; and

      • (ii) for the supply of which a regional council has contracted to pay; and

    • (b) includes, to the extent that a regional council has contracted to pay for the supply of only a part of the service, only that part; but

    • (c) does not include anything done under an agreement between a regional council and an operator for the purpose of reducing passenger fares or installing equipment (including information technology systems and computer software)

    contracting requirement means a provision of a regional public transport plan made under section 16; and includes an amended contracting requirement

    control means a provision of a regional public transport plan that imposes a requirement on commercial public transport services that is authorised under section 13; and includes an amended control

    dial-a-driver service has the meaning given to it by Part 2 of the Land Transport Rule: Operator Licensing 2007

    district has the same meaning as in section 5 of the Land Transport Management Act 2003

    enforcement officer has the same meaning as in section 2(1) of the Land Transport Act 1998

    event includes a conference, meeting, convention, exhibition, and a sporting, cultural, religious, or entertainment event

    existing commercial service,—

    • (a) in relation to a control or a contracting requirement, means a registered commercial public transport service to which the control or contracting requirement applies and that was operating on or before the day on which the regional council resolved under section 9 to adopt the plan containing the control or contracting requirement or to vary the plan to include the control or contracting requirement:

    • (b) in relation to an amended control or contracting requirement, means a registered commercial public transport service to which the amended control or contracting requirement applies and that was operating on or before the day on which the regional council resolved under section 9 to vary the plan to include the amended control or contracting requirement

    GPS has the same meaning as in section 5 of the Land Transport Management Act 2003

    integrated fare means a fare for a journey or journeys on public transport services that—

    • (a) may apply regardless of—

      • (i) the mode or modes of transport used on the journey:

      • (ii) the number of—

        • (A) public transport services used on the journey:

        • (B) operators providing the public transport services; and

    • (b) if there is more than 1 operator, is—

      • (i) collected by 1 operator on behalf of all operators providing the relevant public transport services; and

      • (ii) shared among all operators providing the relevant public transport services

    integrated service means a registered service that is scheduled to connect with 1 or more registered services, whether or not the registered services are provided by the same operator

    integrated technology means any integrated communication and transaction system that supports an integrated service, including (but not limited to)—

    • (a) an interoperable electronic system that enables the standard processing of transactions between passengers, the operator, and the regional council by means of a central processing centre:

    • (b) technology that enables communication between a vehicle or other mode of transport used in a public transport service and a traffic control, journey planning system, or other kind of information system

    integrated ticket means, in relation to any public transport journey (whether or not by means of an integrated service or provided by 1 or more operators), a ticket (whether in paper, electronic, or other form) that allows a person to travel on—

    • (a) more than 1 service:

    • (b) a service more than once

    large passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    local authority has the same meaning as in section 5(1) of the Local Government Act 2002

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

    Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    national land transport strategy has the same meaning as in section 5 of the Land Transport Management Act 2003

    New Zealand Railways Corporation means the corporation constituted under section 4 of the New Zealand Railways Corporation Act 1981

    notify means to notify in writing; and notification has a corresponding meaning

    operator, in relation to a public transport service or proposed public transport service, means the person who carries on (or, in the case of a proposed service, will carry on) the public transport service

    passenger service has the same meaning as in section 2(1) of the Land Transport Act 1998

    passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    performance standards means standards specifying levels of performance required of public transport services, including (but not limited to) standards setting—

    • (a) levels of reliability of public transport services required over specified periods, including levels of reliability in—

      • (i) departing from and arriving at the commencement and termination points on routes registered for public transport services; and

      • (ii) collecting passengers on routes registered for public transport services; and

    • (b) levels of compliance over specified periods with—

      • (i) routes registered for public transport services; and

      • (ii) timetables registered for public transport services (including levels of punctuality required)

    private hire service has the meaning given to it by Part 2 of the Land Transport Rule: Operator Licensing 2007

    private hire vehicle has the meaning given to it by Part 2 of the Land Transport Rule: Operator Licensing 2007

    public transport service

    • (a) means, subject to paragraph (b), the carriage of passengers for hire or reward by means of—

      • (i) a large passenger service vehicle; or

      • (ii) a small passenger service vehicle; or

      • (iii) a ferry; or

      • (iv) a hovercraft; or

      • (v) a rail vehicle; or

      • (vi) any other mode of transport (other than air transport) that runs to a schedule and is available to the public generally; and

    • (b) does not include—

      • (i) a taxi service:

      • (ii) a dial-a-driver service:

      • (iii) a shuttle service:

      • (iv) an ambulance service:

      • (v) a private hire service:

      • (vi) a service—

        • (A) that is contracted or funded by the Ministry of Education for the purpose of transporting school children to and from school:

        • (B) carrying passengers that is operated to transport all those passengers to a predetermined event:

        • (C) that is operated primarily for the purpose of providing a tourism experience, rather than for transporting people from place to place:

        • (D) carrying passengers that is not available to the public generally:

      • (vii) any service excluded by the Governor-General by Order in Council from the definition of public transport service for the purposes of this Act

    quality standards means standards applying to vehicles and other modes of transport (including their design, performance, emissions, equipment, systems, components, devices, and fittings) and drivers and other operational staff, to ensure the quality of public transport services, including (but not limited to)—

    • (a) accessibility standards:

    • (b) standards applying to the design and performance of vehicles and other modes of transport:

    • (c) standards applying to the age of vehicles or other modes of transport:

    • (d) standards of cleanliness required of vehicles or other modes of transport:

    • (e) standards applying to the comfort of passengers on vehicles and other modes of transport:

    • (f) standards applying to facilities provided for passengers with disabilities on or in vehicles and other modes of transport:

    • (g) standards applying to compartments or seating areas used by drivers and other operational staff on vehicles and other modes of transport:

    • (h) standards concerning the emissions of vehicles or other modes of transport:

    • (i) standards applying to customer service training for drivers and other operational staff:

    • (j) standards of conduct for drivers and other operational staff

    rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

    regional council has the same meaning as in section 5(1) of the Local Government Act 2002 and, in relation to this Act,—

    • (a) includes—

      • (i) Auckland Transport, in relation to Auckland; and

      • (ii) any territorial authority to which the regional council has transferred the functions, powers, and duties of a regional council under this Act; and

      • (iii) a unitary authority; but

    • (b) does not include the Auckland Council

    regional transport committee has the same meaning as in section 5 of the Land Transport Management Act 2003

    regional land transport strategy has the same meaning as in section 5 of the Land Transport Management Act 2003

    regional public transport plan or plan means a regional public transport plan adopted under section 9, and includes any variations to the plan made under section 9

    registered commercial public transport service

    • (a) means a commercial public transport service that is registered under section 35; but

    • (b) excludes—

      • (i) a commercial public transport service that is varied after it has been registered under section 35, if the details of the variation are not recorded in the register under section 39:

      • (ii) a commercial public transport service that is deregistered under section 42(1) or 46(5)

    registered service

    • (a) means—

      • (i) a registered commercial public transport service; and

      • (ii) in respect of a public transport service that is described in a regional public transport plan, any part of the service that is a registered commercial public transport service; and

    • (b) includes a contracted public transport service

    Secretary means the chief executive of the Ministry

    service includes an operation carried out on 1 occasion only

    shuttle has the meaning given to it by Part 2 of the Land Transport Rule: Operator Licensing 2007

    shuttle service has the same meaning as in Part 2 of the Land Transport Rule: Operator Licensing 2007

    small passenger service vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

    taxi has the same meaning as in section 2(1) of the Land Transport Act 1998

    taxi service has the same meaning as in section 2(1) of the Land Transport Act 1998

    territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

    traffic management, in relation to a public transport service, includes—

    • (a) the capacity of traffic infrastructure to accommodate the vehicles or other modes of transport operated in the service; and

    • (b) the compatibility of the traffic infrastructure intended to support the service with vehicles or other modes of transport operated in the service

    transport disadvantaged means people whom the regional council has reasonable grounds to believe are the least able to get to basic community activities and services (for example, work, education, health care, welfare, and food shopping)

    trip means the operation of a service on a single occasion

    unitary authority has the same meaning as in section 5(1) of the Local Government Act 2002

    working day has the same meaning as in section 5(1) of the Local Government Act 2002.

    Section 4 ARTA: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 Auckland: inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 Auckland Council: inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 Auckland region: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 Auckland Regional Council: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 Auckland Transport: inserted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 regional council paragraph (a)(i): substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

    Section 4 regional council paragraph (b): substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).