In exercising or performing its powers, functions, and responsibilities specified in sections 47A to 47D, a local board must do so in a manner that does not obstruct regionally significant transport projects and services (including, but not limited to, those projects and services specified in Auckland’s regional land transport plan or regional public transport plan).

(3)

See also sections 97 to 99, which relate to disputes between the governing body and local boards in respect of compliance with subsection (2).

New clauses 17A and 17B

After clause 17 (page 29, after line 25), insert:

17A Section 97 amended (Disputes about allocation of decision-making responsibilities or proposed bylaws)

(1)

In the heading to section 97, replace “responsibilities or proposed bylaws” with “responsibilities, proposed bylaws, or transport matters”.

(2)

In section 97(1)(b), replace “24(3)(b) or 27(3)(b)” with “150B(3)(b) or 150E(3)(b) of the Local Government Act 2002”.

(3)

After section 97(1)(b), insert:

(c)

the governing body is dissatisfied with a local board’s compliance with section 47B(2) in respect of a decision made by the local board.

(4)

Replace section 97(3) with:

(3)

If, after acting under subsection (2), the dispute is still unresolved,—

(a)

in the case of a dispute to which subsection (1)(a) or (b) relates, the local board or boards concerned may apply, in writing, to the Local Government Commission for a binding determination on the matter:

(b)

in the case of a dispute to which subsection (1)(c) relates, the governing body may apply, in writing, to the Local Government Commission for a binding determination on the matter.

(5)

In section 97(4), replace “local board or boards” with “applicant or applicants”.

17B Section 98 amended (Local Government Commission to determine disputes)

Replace section 98(1) and (2) with:

(1)

As soon as practicable after receiving an application under section 97(3), the Local Government Commission must notify the following persons of the application and request them to provide, within 7 days, copies of all reports, correspondence, and other information held by them that is relevant to the matter:

(a)

the mayor:

(b)

the Council’s chief executive:

(c)

in the case of an application made under section 97(3)(b), the local board or boards concerned.

(2)

After receiving the information specified under subsection (1), the Commission must—

(a)

consider that information and the information provided in the application under section 97(4); and

(b)

determine the matter, having regard to—

(i)

the requirements of this Act; and

(ii)

in the case of an application made under section 97(3)(a), the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area; and

(iii)

in the case of an application made under section 97(3)(b), whether the disputed decision obstructs the regionally significant transport projects or services concerned (see section 47B(2)); and

(iv)

any other matter that the Commission considers on reasonable grounds to be relevant.

Schedule 1

In Schedule 1, after new clause 20(2) of Schedule 1AA (page 39, after line 25), insert:

(2A)

On and after the transfer date, a reference to Auckland Transport or the transport CCO in an instrument or any other document relating to a matter referred to in subclause (2)(a) or (b) must be read as a reference to the Auckland Council (subject to clause 20A(1A) and any Order in Council made under clause 20A(1)).

In Schedule 1, new clause 20A(1)(a) of Schedule 1AA, after “clause 20(2)” (page 39, line 34), insert “and (2A)”.

In Schedule 1, after new clause 20A(1) of Schedule 1AA (page 40, after line 5), insert:

(1A)

On and after the date that an Order in Council for the purposes of subclause (1)(b) or (c) comes into force, a reference to Auckland Transport or the transport CCO in an instrument or any other document relating to a matter vested or specified under subclause (1)(b) or (c) must be read as a reference to the New Zealand Transport Agency or KiwiRail (as the case may be).

In Schedule 1, new clause 21(3)(a) of Schedule 1AA, replace “entitlements:” (page 40, line 34) with “entitlements; and”.

In Schedule 1, new clause 22(5) of Schedule 1AA, replace “The employment of an affected employee” (page 41, line 37) with “To avoid doubt, if the affected employee accepts an offer of employment under subclause (2), the employee’s employment”.

Schedule 3

In Schedule 3, Part 2, before the item relating to the Freedom Camping Act 2011 (page 53, after line 21), insert:

Fast-track Approvals Act 2024 (2024 No 56)

In Schedule 2, first item relating to Auckland Transport, first column, replace “Auckland Transport” with “Auckland Council”.

In Schedule 2, second item relating to Auckland Transport, first column, replace “Auckland Transport” with “Auckland Council”.

In Schedule 2, third item relating to Auckland Transport, first column, replace “Auckland Transport” with “Auckland Council”.

In Schedule 3, Part 2, after the item relating to the Land Transport Act 1998 (page 54, after line 22), insert:

Land Transport Management (Time of Use Charging) Amendment Act 2025 (2025 No 64)

In section 4, new section 65A, definition of enforcement authority, paragraph (c), delete “(and, if the scheme is in Auckland, Auckland Transport)”.

In section 4, repeal new section 65E(1)(c).

In section 4, new section 65H(2)(e) and (f), delete “(and, if the scheme is in Auckland, Auckland Transport)”.

In section 4, new section 65I(2), delete “and, if the scheme is in Auckland, Auckland Transport”.

In section 4, new section 65K(3), delete “(and, if the scheme is in Auckland, Auckland Transport)”.

In section 4, repeal new section 65ZB(4)(b)(iv).

In section 4, new section 65ZJ(1), delete “(or, if the scheme is in Auckland, Auckland Transport)”.

Explanatory note

This Amendment Paper amends the Local Government (Auckland Council) (Transport Governance) Amendment Bill (the Bill). The Bill amends the Local Government (Auckland Council) Act 2009 (the principal Act).

New section 46AB, as inserted into the principal Act by clause 14 of the Bill, is replaced to remove the prohibition on the Auckland Council from performing the functions of the transport CCO set out in new section 44. The prohibition continues to apply in respect of public transport activities as set out in new section 45C.

The Bill confers certain transport decisions to local boards in Auckland in respect of local and collector roads (as defined in clause 12 of the Bill). New section 47B, as inserted into the principal Act by clause 14 of the Bill, is amended to require local boards to make those transport decisions in a manner that does not obstruct regionally significant transport projects and services.

This Amendment Paper also inserts new clauses 17A and 17B into the Bill to amend sections 97 and 98 of the principal Act, which establish a dispute resolution process between Auckland Council’s governing body, local boards, and, on application, the Local Government Commission. The amendments enable the governing body to engage that dispute resolution process if it is dissatisfied with a local board’s compliance with the new requirement imposed on them in respect of transport decisions (as set out in the proposed amendment to clause 14 of the Bill in this Amendment Paper).

New clauses 20 and 20A of Schedule 1AA of the principal Act, as inserted by Schedule 1 of the Bill, specify how Auckland Transport’s assets, contracts, and other matters are to be transferred during the Bill’s transitional period. The proposed amendments to those clauses clarify that references to Auckland Transport or the transport CCO in documents relating to those matters are to be read as references to the entity to which the matters have been transferred.

The proposed amendment to new clause 21 of Schedule 1AA of the principal Act, as inserted by Schedule 1 of the Bill, corrects a minor typographical error.

The proposed amendment to new clause 22 of Schedule 1AA of the principal Act, as inserted by Schedule 1 of the Bill, clarifies to whom subclause (5) of that clause applies.

The proposed amendments to Schedule 3 add consequential amendments to—

Schedule 2 of the Fast-track Approvals Act 2024 to replace Auckland Transport with the Auckland Council as the authorised person in respect of 3 projects listed in that schedule; and
the Land Transport Management (Time of Use Charging) Amendment Act 2025 to remove references to Auckland Transport that do not align with its new functions under the Bill.

Departmental disclosure statement

The Ministry of Transport considers that a departmental disclosure statement is not required to be prepared for this Amendment Paper.

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Local Government (Auckland Council) (Transport Governance) Amendment Bill - Amendment paper No 564