In this subpart, unless the context otherwise requires,—

The purpose of a time of use charging scheme is to improve traffic flow in order to improve network productivity.

A local authority (or 2 or more local authorities) may initiate a time of use charging scheme by notifying the responsible Minister, the Agency, and any other local authority within the region in which the proposed scheme will operate.

If no local authority in a region has initiated a time of use charging scheme within 3 years after the commencement of this subpart, the responsible Minister may direct the Agency to initiate a time of use charging scheme if satisfied that a time of use charging scheme is likely to improve traffic flow in that region.

If the responsible Minister directs the Agency to initiate a time of use charging scheme for a region, the Agency must notify the local authorities within the scheme region.

A notice under subsection (1) or (3) must include an outline of the proposed time of use charging scheme that identifies—

The scheme board responsible for a time of use charging scheme must develop a scheme proposal that it is satisfied would—

The scheme proposal must set out—

For each proposed time of use charging area, the scheme proposal must identify the anticipated change in service level (including traffic flow) caused by the proposal, including a representative sample of travel times and travel volumes for trips in the scheme region affected by the scheme.

Before submitting a scheme proposal to the responsible Minister, the scheme board—

When carrying out public consultation under subsection (1)(a), the scheme board must make the impact assessment produced under section 65ZD(1)(a) available to the public.

The scheme board may, in accordance with section 65ZG, submit a scheme proposal to the responsible Minister.

The scheme proposal must be accompanied by—

The responsible Minister may, after receiving a scheme proposal and the information required under subsection (2), request any further information that the responsible Minister considers necessary in order to make a decision under section 65G.

The responsible Minister, after assessing a scheme proposal submitted under section 65F, may—

The responsible Minister may make a recommendation under subsection (1)(a) only if the responsible Minister, in consultation with the Minister of Finance, is satisfied that the scheme is consistent with the purposes of time of use charging schemes as set out in section 65B and this Act.

The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, establish a time of use charging scheme.

An order made under subsection (1) must—

An order made under subsection (1) may—

An order made under subsection (1) may exempt from time of use charges large passenger service vehicles—

An order made under this section—

Following a direction from a scheme board under section 65Z, the Agency must, by notice, describe each time of use charging area by—

The Agency may make a notice under subsection (1) only if satisfied that the scheme board has publicly consulted on the proposed time of use charging area (including consulting with local authorities that are not members of the scheme and, if the scheme is in Auckland, Auckland Transport).

A notice made under subsection (1) must not come into force less than 28 days before a land transport record is created in respect of the information in that notice.

A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Following a direction from a scheme board under section 65Z, the Agency must, by notice, set the charges payable in respect of a motor vehicle passing through a place at which a time of use charge must be paid, and those charges must be—

A notice made under subsection (1) must not come into force before a land transport record is created in respect of the information in that notice.

A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A scheme board may, in accordance with section 65ZG, submit a request to the responsible Minister for a time of use charging scheme to be terminated.

A request must specify—

The request must include a report by the scheme board on the views of any local authorities within the scheme region (and, if the scheme is in Auckland, Auckland Transport) that are not members of the scheme.

The responsible Minister may, in their complete discretion after considering a request for a time of use charging scheme to be terminated,—

A scheme board may, in accordance with section 65ZG, develop a proposal to vary a time of use charging scheme established by an Order in Council made under section 65H.

Sections 65D to 65G apply to a proposal to vary a time of use charging scheme (other than a proposal described in subsection (3)), subject to—

Sections 65D, 65F, and 65G apply to a proposal to increase the maximum charges payable in respect of each charging class of motor vehicle in a time of use charging scheme in accordance with a methodology to increase the maximum charges payable by each charging class of vehicle set out in an Order in Council made under section 65H.

However, when preparing a proposal to vary a time of use charging scheme under subsection (2) or (3), the scheme board may include only the information set out in section 65D(2) that is necessary or desirable to understand the proposed variation.

Nothing in this section applies to the power of the Agency to make notices under section 65I or 65J.

This section applies if the responsible Minister is concerned that a time of use charging scheme—

The responsible Minister must notify their concerns to the relevant scheme board.

Within 3 months of a notification made under subsection (2), the scheme board must respond to the responsible Minister’s concerns, stating what actions the scheme board has taken, or intends to take, in respect of those concerns.

This section applies if,—

The responsible Minister may—

A direction issued under subsection (2)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A notice made under subsection (2)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A scheme commissioner appointed under subsection (2)(b) is not liable for any act done or omitted to be done by them in good faith in the performance or intended performance of their functions, responsibilities, and duties, or the exercise of their powers, as a commissioner.

Prior to making a notice under section 65N(2)(b), the responsible Minister must notify the scheme board in writing of the appointment.

A notice made under section 65N(2)(b) must—

The registered person in respect of a motor vehicle is liable to pay a time of use charge if—

However, the registered person is not liable to pay the charge if, within 28 days after being notified by the Agency that the charge has not been paid, the registered person supplies to the Agency a statutory declaration that the vehicle was a stolen vehicle at the relevant time.

The Agency must give notice under subsection (2)—

Unless the registered person proves that through no fault of their own they did not receive the notice given under subsection (3), a notice delivered by—

A time of use charge and the associated enforcement costs are recoverable in a court of competent jurisdiction as a debt due to the Agency.

A time of use charge is not payable in respect of—

In this section, emergency vehicle means a vehicle that is used to attend emergencies and operated as—

A person liable to pay a time of use charge must pay the charge in accordance with any billing system developed by the Agency under section 65ZM(1)(b).

A person commits an offence if the person, without reasonable excuse, fails to pay a time of use charge payable by that person.

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

A person commits an offence if, for the purpose of section 65P(2), the person gives a statutory declaration that contains information that the person knows to be false or misleading.

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

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

Revenue from a time of use charging scheme must be disbursed by the Agency and applied by the Agency or the holder of a time of use disbursement account under section 65ZB(5)—

Subsection (3) applies in relation to revenue from a time of use charging scheme to be disbursed by the Agency under subsection (1)(a)(i), (ii) or (iv) to meet any costs of an activity for which payments from the national land transport fund have been approved under section 20.

Any revenue to which this subsection applies must be paid by the Agency into a Crown Bank Account and treated as land transport revenue for the purposes of this Act.

The prioritisation and allocation of revenues under subsection (1)(b) must be in accordance with an investment agreement reached under section 65ZB(1) or (2).

The Secretary, for the purpose of enabling well-informed decisions about time of use charging scheme effectiveness by the responsible Minister, must monitor and review each time of use charging scheme.

In monitoring and reviewing a time of use charging scheme, the Secretary must consider whether the scheme is—

The Secretary must report annually to the responsible Minister on the performance of each time of use charging scheme.

All costs incurred by the Secretary in relation to a time of use charging scheme may be recovered from the revenue of the time of use charging scheme in accordance with section 65T(1)(a)(v).

Each time of use charging scheme must have a scheme board.

A scheme board is a body that directs members of a time of use charging scheme on matters relating to the proposal for, and development and operation of, that scheme.

The Agency and any local authorities involved in initiating the time of use charging scheme must establish the scheme board,—

It is the duty of the local authority members of the scheme, the Agency, and the Secretary to give reasonable assistance to each other to perform their respective functions and duties, and exercise their respective powers, under this subpart.

Subsection (2) applies—

A local authority that has not joined a time of use charging scheme may become a member of a scheme in the region in which that local authority is located by notice in writing to the scheme board and is a member of that scheme from the date of that notice.

Subsection (4) applies—

The local authority may become a member of the scheme with the agreement of the responsible Minister and the existing local authorities that are members of the scheme and is a member of that scheme from the date of that agreement.

The Agency must reach agreement with the local authority members of the scheme on any proportion of establishment costs to be incurred by the Agency under section 65D.

The scheme board consists of—

The board members who are representatives of the Agency hold 50% of the voting rights in relation to decisions made by the scheme board.

The board members who are representatives of local authorities collectively hold 50% of the voting rights in relation to decisions made by the scheme board, divided between them proportionate to the share of the scheme establishment costs that each local authority has agreed to contribute.

If the time of use charging scheme was initiated by 1 or more local authorities, the chairperson of the scheme board must be—

If the time of use charging scheme was initiated by the Agency and there are no local authority members of the scheme, the chairperson of the scheme board must be appointed by, and a representative of, the Agency.

If the time of use charging scheme was initiated by the Agency and there are 1 or more local authority members of the scheme, the chairperson of the scheme board must be—

Remuneration for an independent chairperson appointed under subsection (4) or (6) must be determined by the responsible Minister in accordance with the fees framework as defined in section 10 of the Crown Entities Act 2004.

The chairperson of the scheme board holds the casting vote.

This section is subject to section 65ZG (which sets out certain decisions that, despite the allocation of voting rights under this section, must be ratified by a majority of local authority members of a scheme before action is taken).

A scheme board has the following functions and duties:

The provisions of the Local Government Official Information and Meetings Act 1987 concerning information held by local authorities, so far as they are applicable and with the necessary modifications, apply in respect of information held by a scheme board.

Before a time of use charging scheme comes into operation, and at least every 5 financial years afterwards, the local authority members of the scheme must reach an investment agreement with the responsible Minister.

If there are no local authority members of the scheme, the Agency must reach an investment agreement with the responsible Minister before the time of use charging scheme comes into operation and at least every 5 financial years afterwards.

An investment agreement reached under subsection (1) or (2) must—

An investment agreement reached under subsection (1) or (2) must—

Each local authority receiving funds under subsection (4) must—

The Agency need not have a time of use charging disbursement account, but must—

The Secretary may request, by notice in writing, any information about a time of use charging scheme from the scheme board or any members of the scheme.

The scheme board must respond to a request under subsection (1) within 20 working days.

A scheme board must, as soon as practicable after the end of each financial year, provide an annual report on the time of use charging scheme to the Secretary.

The annual report must address the following topics:

The scheme board must ensure that the annual report is available, free of charge, on an Internet site.

The scheme board must produce a time of use charging scheme impact assessment for—

The time of use charging scheme impact assessment must set out and explain the following:

Following consultation carried out in accordance with section 65E, the scheme board must update the time of use charging scheme impact assessment submitted to the responsible Minister under section 65F to take into account any measures taken in the scheme proposal or proposed variation to a time of use charging scheme in response to that consultation.

The scheme board must ensure that the following is available, free of charge, on a single Internet site:

A scheme board may be disestablished by a vote of the scheme board at any point before the scheme board submits a scheme proposal to the responsible Minister under section 65F(1).

The effect of the disestablishment of the scheme board is that the scheme proposal is terminated.

This section is subject to section 65ZG (which sets out certain decisions that, despite the allocation of voting rights under section 65Y, must be ratified by a majority of local authority members of a scheme before action is taken).

A scheme board is disestablished on the date that a time of use charging scheme is terminated by Order in Council made under section 65H in accordance with any transitional arrangements provided for in that order.

Despite the allocation of voting rights in section 65Y, the following decisions of a scheme board must be ratified by a majority of local authority members of the scheme before any action is taken:

This section applies to a territorial authority that—

The territorial authority must facilitate the scheme board and its members in operating scheme collection and traffic monitoring infrastructure.

This section applies to a local authority that is not a member of a scheme.

The local authority must undertake any land transport activity investment funded by a scheme’s revenue in accordance with an investment agreement reached under section 65ZB(1) or (2).

This section applies to the Agency, and any local authority (or, if the scheme is in Auckland, Auckland Transport) specified in an order made under section 65H.

The powers in this section do not apply to a private road (within the meaning of section 315 of the Local Government Act 1974).

An entity to which this section applies has the powers listed in subsections (4) to (6)—

The entity may construct and maintain works in, on, along, across, or under any road, and for any of these purposes may—

The entity may connect infrastructure necessary for time of use charging to the necessary power supply (including within the meaning of the Electricity Act 1992) and necessary telecommunications services (including within the meaning of the Telecommunications Act 2001).

The entity may access any road necessary for the purposes of doing any work under subsections (4) and (5).

Before doing any work under section 65ZJ(4) or (5), an entity to which section 65ZJ applies must give notice in writing to—

The notice must specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.

The recipient of a notice may, within 15 days of receiving the notice, notify the entity undertaking the work, in writing, of any reasonable conditions it imposes on the work.

Without limiting subsection (3), the local authority or other body or person having jurisdiction over a road may impose a condition requiring the entity undertaking works under section 65ZJ to meet the reasonable costs and expenses of that local authority or other body or person—

In setting, varying, or revoking reasonable conditions under subsection (3), the local authority or other body or person having jurisdiction over a road may consider all or any of the following matters:

This section applies to personal information held or stored for the purposes of a time of use charging scheme by or on behalf of an enforcement authority or the Agency.

The enforcement authority and the Agency must not use any personal information to which this section applies except for—

The disclosure of personal information to which this section applies on any of the grounds set out in information privacy principle 11 set out in section 22 of the Privacy Act 2020 is not prohibited by subsection (2).

The enforcement authority and the Agency must each set out their privacy policies in a document and make the document available for inspection by the public free of charge on their Internet sites.

In developing their privacy policies under subsection (4), the enforcement authority and the Agency must consult the Privacy Commissioner regarding the collection of personal information.

Personal information to which this section applies may be retained only for as long as it is reasonably necessary to—

In this section, personal information includes any time of use charging scheme information that is linked to registration plates.

The Agency has the following functions and duties under this subpart:

The Agency must make the following available, free of charge, on its Internet site:

The Agency may set technical specifications relating to data and security for the interaction of a time of use charging scheme with the Agency’s systems for billing and collecting time of use charges.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).