Hon Gerry Brownlee
Government Bill
46—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
3 Principal Act
Part 1Amendments to Land Transport Management Act 2003
4 Section 3 replaced (Purpose)
3 Purpose
5 Section 4 amended (Treaty of Waitangi)
6 Section 5 amended (Interpretation)
7 Section 7A amended (Application of Act to Chatham Islands)
8 Section 9 amended (The Crown’s authority to incur certain land transport expenses and capital expenditure)
9 Section 10 amended (National land transport fund)
10 Section 11 amended (Annual report on national land transport fund)
11 Cross-heading above section 12 amended
12 Section 12 repealed (Overview of regional land transport programmes)
13 Section 13 amended (Responsibility for preparing and approving regional land transport programmes)
14 Section 14 replaced (Core requirements of regional land transport programmes prepared by regional transport committees)
14 Core requirements of regional land transport plans
15 Section 15 repealed (Core requirements of regional land transport programmes prepared by Auckland Transport)
16 Section 16 replaced (Form and content of regional land transport programmes (for regions other than Auckland))
16 Form and content of regional land transport plans
17 Section 17 repealed (Form and content of Auckland Transport's regional land transport programmes)
18 Section 18 amended (Consultation requirements)
19 Section 18A amended (Consultation principles)
20 Section 18B amended (Process for approving regional land transport programmes prepared by regional transport committees)
21 Section 18C replaced (Auckland Transport must give Agency reasons for not including in its regional land transport programme activities or combinations of activities proposed by Agency)
18C Reasons for not including activities in Auckland's regional land transport plan
18CA Review of regional land transport plans
22 Section 18D amended (Variation of regional land transport programmes)
23 Section 18E amended (Changes to certain activities or combinations of activities)
24 Section 18F amended (Availability of regional land transport programmes)
25 Section 18G amended (Separate consultation with Māori on particular activities)
26 Section 18J amended (Requirements before recommending Police activities or combinations of Police activities)
27 Section 19 repealed (Overview of national land transport programme)
28 Section 19A amended (Responsibility for preparing and adopting national land transport programme)
29 Section 19B amended (Core requirements for national land transport programme)
30 Section 19C amended (Content of national land transport programme)
31 Section 19D amended (Notification about decision not to include activities in national land transport programme)
32 Section 19E amended (Variation of national land transport programme)
33 Section 20 amended (Approval of activities and combinations of activities)
34 Section 22 amended (Funding for Māori roadways)
35 Section 26 amended (Payments exempt from procurement procedure)
36 Section 35 amended (Needs of transport disadvantaged must be considered)
37 Section 38A repealed (Good reasons for refusing to supply requested information)
38 Section 40 repealed (Apportionment of excise duty and excise-equivalent duty)
39 Subpart 2 heading in Part 2 amended
40 Section 46 amended (Authority to establish road tolling scheme)
41 Section 48 amended (Procedure for recommending making of order under section 46)
42 New sections 48A and 48B inserted
48A Authority to establish road tolling scheme for Route K
48B When tolling power is exercisable for Route K
43 Section 49 repealed (Consultation requirements)
43A Section 50 amended (Privacy)
44 Section 51 amended (Payment of tolls)
45 Section 52 amended (Who is liable to pay toll)
46 Section 54 amended (Offences and penalties)
47 Cross-heading above section 56 replaced
48 Sections 56 to 60 repealed
49 Section 61 amended (Delegation of roading functions and powers to concessionaires)
50 Section 62 amended (Effect of delegation under section 61)
51 Section 63 amended (Leasing)
52 Section 65 amended (This Part and other land transport legislation enforceable in relation to concession roads and toll roads)
53 Subpart 3 of Part 2 repealed
54 Sections 66 to 71 and cross-heading above section 66 replaced
GPS on land transport
66 Minister must issue GPS on land transport
67 Preparation or review of GPS on land transport
68 Content of GPS on land transport
69 Status of GPS on land transport
70 Agency to give effect to GPS on land transport in respect of funding of land transport system
71 Availability of GPS on land transport
55 Sections 72 to 89 and related cross-headings repealed
56 Section 90 replaced (Amending current GPS)
90 Amending GPS on land transport
57 Section 91 amended (Availability of GPS)
58 Section 92 amended (Overview)
59 Section 94 amended (Objective of Agency)
60 Section 95 amended (Functions of Agency)
61 Section 96 amended (Operating principles)
62 Section 100 amended (Statement of intent)
63 Section 101 amended (Secretary must monitor and review specified activities and procedures)
64 Section 102 amended (Monitoring and reporting on delivery of approved Police activities or combinations of Police activities)
65 Section 103 amended (Secretary may declare State highways)
66 Section 105 amended (Regional transport committees)
67 Section 106 replaced (Functions of regional transport committee)
106 Functions of regional transport committees
68 Section 107 amended (Procedure of committee)
69 New Parts 5 and 6 inserted
Part 5Regulation of public transport
114 Application of certain provisions of Local Government Act 2002 to Auckland Transport
114A Principles
115 Public transport services must be provided under contract
Subpart 1—Regional public transport plan
116 Purpose of regional public transport plans
117 Validity of regional public transport plans not affected by certain events
General requirements
118 Adoption of regional public transport plans
119 Contents of regional public transport plans
120 Notification and provision of copies of plans
121 When regional public transport plans take effect
122 Good-faith exclusion of regional councils from liability to pay compensation
123 Matters to take into account when adopting regional public transport plans
124 Consultation requirements for regional public transport plans
125 Currency and variation of regional public transport plans
126 Power to require information from operators of public transport services
127 Power to require information from regional councils and Auckland Transport
128 Disclosure of information received under sections 126 and 127
Subpart 2—Registration of exempt services
Register of exempt services
129 All exempt services to be registered
130 Register of exempt services
131 Contents of register to be made available to public
132 Notification of proposal to operate or vary exempt services
133 Grounds for declining registration or variation of exempt services
134 Process for declining registrations or variations of exempt services
135 Registration of and variation to exempt services
136 Deregistration of exempt services and removing details of variations
137 Process for deregistering exempt services or removing details of variations
138 Withdrawal of exempt services
Subpart 3—Miscellaneous
Appeals
139 Right to appeal to Environment Court
140 Appeals to District Court
141 Procedure for appeals to District Court
142 Decisions of regional councils to continue in force pending appeals, etc
143 Appeals to High Court on questions of law
144 Further appeals to Court of Appeal
Offences
145 Operating unregistered exempt services
146 Operating public transport services that are not exempt or contracted
147 Varying registered exempt services without giving notice required by section 132
148 Power to inspect records
Regulations
149 Regulations
Part 6Transitional and savings provisions
149A Interpretation
149B Transitional provisions for certain existing operators
150 Transitional provisions for existing registered public transport services that will become exempt services
151 Transitional provisions for other existing public transport services that will stop operating
152 Transitional provisions for certain notifications
153 Transitional provisions for certain existing documents or activities
154 Transitional provision for existing contracted public transport services
155 Savings provisions
156 Transitional regulations
Part 2Miscellaneous
70 Repeals
71 Consequential amendments
ScheduleConsequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: